Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694232547750.pdf (Australia)
Senate Standing Committees on Education and Employment Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Bill 2021 QUESTION ON NOTICE Outcome: Employment Department of Education, Skills and Employment Question No.

IQ21-000046 Senator Louise Pratt provided in writing.
Bill proposed changes Question In order to aid the understanding of the committee as to the proposed changes in the bill compared to what is currently legislated, could the department please fill out the table below for each clause or set of clauses in each schedule that are amended by the bill with an accompanying statement outlining what the change will achieve and/or why it is necessary?
Answer It is not possible to provide a one for one mapping of which provisions in the Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Bill 2021 (the Bill) replace existing provisions due to the complexity of the interactions and the streamlined structure of provisions in the Bill.

For example, section 606 of the Social Security Act (1991) ‘Jobseeker Employment Pathway Plans—terms’ has elements being replicated in new provisions 40D, 40F, 40K, 40V and 40W.
To aid the committee in its understanding of the changes, ‘marked up’ versions of the Social Security Act (1991) and Social Security (Administration) Act 1999 have been provided.

Also provided is the Explanatory Memorandum to the Bill, which outlines in detail how the amendments will operate and how existing protections will be retained.

OFFICIAL: Sensitive // Legal Privilege Social Security Act 1991 No.
46, 1991 This future law compilation was prepared on 8 June 2021 taking into account amendments made by the Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Bill 2021.

The date of commencement for the incorporated amendments was unknown at the time of preparation.
Volume 1: Volume 2: Volume 3: Volume 4: Volume 5: sections 1–660M sections 665A–1067L sections 1068–1263 Schedule 1A Endnotes 1–4 Endnote 5 Each volume has its own contents Prepared by the Office of Parliamentary Counsel, Canberra OFFICIAL: Sensitive // Legal Privilege About this compilation This compilation This is a future compilation of the Social Security Act 1991 that shows the expected text of the law as amended by the Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Bill 2021.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the future compilation.

Future amendments The details of expected future amendments incorporated into the text, that have not yet commenced are underlined in the endnotes.

Any future amendments that are included in the endnotes are underlined.
Application, saving and transitional provisions for provisions and amendments 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.
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.

For more information on any modifications, see the series page on the Legislation Register for the compiled law.
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.
OFFICIAL: Sensitive // Legal Privilege Contents Chapter 1—Introductory 1 Part 1.1—Formal matters 1 2 3 3AA Part 1.2—Definitions 3A 3B 4 5 5A 5B 5C 5D 5E 5F 5G 6 6A 7 8 9 9A 9B 9BA 9C 9D 9E 10 10A 11 1 Short title................................................................1 Commencement .....................................................1 Application of the Criminal Code .........................1 Norfolk Island ........................................................1 2 Power of Secretary to make determinations etc.....2 Definitions—simplified outline .............................2 Family relationships definitions—couples............3 Family relationships definitions—children .........11 Single person sharing accommodation ................21 Registered and active foster carers ......................24 Home educators ...................................................25 Distance educators ...............................................25 Relatives (other than parents) ..............................25 Secondary pupil child ..........................................26 Main supporter of secondary pupil child .............27 Double orphan pension definitions......................27 Concession card definitions .................................27 Australian residence definitions ..........................29 Income test definitions .........................................37 Financial assets and income streams definitions .58 Meaning of asset-test exempt income stream— lifetime income streams .......................................69 Meaning of asset-test exempt income stream—life expectancy income streams .................................78 Meaning of asset-test exempt income stream— market-linked income streams .............................86 Family law affected income streams ...................92 Asset-tested status of secondary FLA income streams .................................................................93 Asset-tested income stream (lifetime) .................93 Maintenance income
 definitions..........................94 Definitions for carer allowance and seniors health card provisions.....................................................95 Assets test definitions.........................................107 Social Security Act 1991 i Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 11A 12 12A 12B 12C 13 14 14A 16 16A 16B 17 18 19 19A 19AA 19AB 19B 19C 19D 19DA 19E 20 20A 21 23 Principal home definition for the purpose of the assets test............................................................113 Retirement villages definitions ..........................120 Granny flat definitions.......................................122 Sale leaseback definitions..................................122 Special residence and residents definitions.......124 Rent definitions ..................................................125 Remote area definitions .....................................131 Social security benefit liquid assets test definitions ...........................................................................132 Industrial action definitions...............................136 Seasonal work definitions..................................137 Partial capacity to work .....................................147 Compensation recovery definitions ...................149 Parenting payment definitions ...........................157 Mobility allowance definitions ..........................157 Fares allowance definitions ...............................158 Student start-up loan definitions ........................159 Student Financial Supplement Scheme definitions ...........................................................................161 Financial hardship (Carer payment) liquid assets test definition .....................................................166 Severe financial hardship definitions.................167 Severe financial hardship—crisis payment definition............................................................173
Experiencing a personal financial crisis definition ...........................................................................175 Exempt funeral investments...............................176 Indexation and rate adjustment definitions .......176 Pension supplement rate definitions ..................178 Bereavement definitions ....................................181 Dictionary ..........................................................182 Part 1.3—Determinations having interpretative effect 24 24A 25 26 27 231 Person may be treated as not being a member of a couple (subsection 4(2)).....................................231 Approved scholarship ........................................232 Refugee visas .....................................................232 Impairment Tables and rules for applying them233 Application of Impairment Tables.....................233 ii Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 28 28A 28B 28C 29 30 31 32 33 35 35A 35B 36 36A 37 38B 38C 38E 38F Approved programs of work for income support payment..............................................................235 Approval of programs of assistance...................236 Approved training courses for training supplement ...........................................................................236 Declared program participants...........................236 Approval of friendly societies............................236 Approval of mental hospitals.............................236 Approval of follow-up rehabilitation programs.237 Approval of sheltered employment—non-profit organisation........................................................237 Approval of sheltered employment—supported employment .......................................................238 Approval of care organisation............................238 Personal Care Support .......................................239 Declared overseas terrorist act...........................239 Major disaster
 ....................................................239 Part 2.23B major disaster...................................240 Dependent child—inmate of a mental hospital..241 Notional continuous period of receipt of income support payments ...............................................242 Adult Disability Assessment Tool .....................244 Disability Care Load Assessment (Child) Determination ....................................................244 Treating health professional...............................245 Part 1.3A—Green Army Programme 38G 38H 38J 38K 245 Simplified outline of this Part............................245 Non-payment of security benefit or social security pension if person receiving green army allowance ...........................................................................245 Certain participants in Green Army Programme are not workers or employees under Commonwealth laws..........................................245 Income test for person’s social security pension if green army allowance payable to person’s partner ...........................................................................245 Part 1.3B—Loss of social security payments and concessions for persons on security grounds 246 Simplified outline of this Part............................246 38L Social Security Act 1991 iii Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 38M 38N 38P 38R 38S 38SA 38T 38U 38V 38W Loss of social security payments and concessions for persons on security grounds .........................246 Security notice from Home Affairs Minister.....247 Notice from Foreign Affairs Minister................248 Copy of security notice to be given to Secretaries ...........................................................................248 Period security notice is in force........................249 Annual review of security notice .......................249 Revoking a security notice.................................249 Notices may contain
Notices may contain personal information ........250 Decisions under Part not decisions of officers...250 Notices not legislative instruments ....................250 Part 1.4—Miscellaneous 39 251 Tables, calculators etc.
form part of section ......251 Chapter 2—Pensions, benefits and allowances Part 2.2—Age pension Division 1—Qualification for and payability of age pension 252 254 254 Subdivision A—Qualification 254 Qualification for age pension.............................254 Subdivision B—Payability Division 4—Rate of age pension Division 9—Bereavement payments Subdivision A—Death of partner 43 44 47 47A 55 82 83 84 85 86 255 Age pension not payable if pension rate nil.......255 Multiple entitlement exclusion ..........................255 Exclusion of certain participants in ABSTUDY Scheme...............................................................258 259 How to work out a person’s age pension rate....259 260 260 Qualification for payments under this Subdivision ...........................................................................260 Continued payment of deceased partner’s previous entitlement .........................................................262 Lump sum payable in some circumstances........262 Adjustment of person’s age pension rate...........264 Effect of death of person entitled to payments under this Subdivision .......................................265 iv Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 87 Matters affecting payment of benefits under this Subdivision ........................................................266 Subdivision C—Death of recipient 267 Death of recipient...............................................267 91 Part
91 Part 2.2A—Pension bonus Division 1—Introduction 92A 92B 269 269 Simplified outline ..............................................269 Definitions .........................................................270 Division 2—Qualification for pension bonus 271 Qualification for pension bonus.........................271 Division 3—Registration as a member of the pension bonus scheme 273 Subdivision A—Membership of the pension bonus scheme 92C 92D 92E 92F 92G 92H 92J 92K 92L 92M 273 Application for
 registration................................273 Form of application............................................273 Relevant information .........................................273 Lodgment of application....................................274 Timing of application and registration...............274 Registration........................................................275 Duration of membership ....................................276 Cancellation of membership ..............................276 Application for registration is not to be treated as a claim...................................................................276 Subdivision B—Classification of membership of the pension bonus scheme 277 Accruing membership........................................277 Non-accruing membership—preclusion periods ...........................................................................277 Non-accruing membership—Secretary’s discretion ...........................................................................278 Continuity of accruing membership is not broken by a period of non-accruing membership ..........279 Post-75 membership ..........................................279 92N 92P 92Q 92R 92S Division 4—Accrual of bonus periods 280 Accrual of bonus periods ...................................280 92T Division 5—Passing the work test Subdivision A—The work test 282 282 Social Security Act 1991 v Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege
 92U 92V 92W Work test—full-year period...............................282 Work test—part-year period ..............................283 Secretary’s discretion to treat gainful work outside Australia as gainful work in Australia ...............284 Subdivision B—Gainful work Subdivision C—Record-keeping requirements 290 Record-keeping requirements ............................290 Division 6—Amount of pension bonus 92X 92Y 92Z 93 93A 93B 93C 93D 93E 93F 93G 93H 93J 93K 93L 285 Gainful work—basic
 rule...................................285 Secretary’s discretion to treat activity as gainful work ...................................................................285 Irregular, infrequent and minor absences from a workplace count as gainful work .......................285 Management of family financial investments does not count as gainful work...................................286 Domestic duties in relation to a person’s place of residence do not count as gainful work .............287 Evidentiary certificate........................................288 293 How to calculate the amount of pension bonus .293 Qualifying bonus periods...................................293 Overall qualifying period...................................294 Pension multiple ................................................294 Annual pension rate ...........................................295 Amount of pension bonus ..................................296 Top up of pension bonus for increased rate of age pension ...............................................................299 Top up of pension bonus in specified circumstances.....................................................300 Division 11—Preclusion periods 301 93U 93UA 93V 93W Disposal preclusion period—disposals before 1 July 2002.........................................................301 Disposal preclusion period—disposals on or after 1 July 2002.........................................................302 Compensation preclusion period .......................302 Carer preclusion period......................................302 Division 12—Pension bonus bereavement payment 304 93WA Qualification for pension bonus bereavement payment..............................................................304 vi Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 93WB 93WC Amount of pension bonus bereavement payment
 ...........................................................................304 Definition of PBBP employment income ...........304 Part 2.3—Disability support pension 306 Division 1—Qualification for and payability of disability support 306 pension Subdivision A—Qualification 94 94A 94B 94C 94D 94E 94F 95 96 306 Qualification for disability support pension ......306 Participation requirements .................................311 Participation plans..............................................312 Illness or accident ..............................................313 Pre-natal and post-natal relief ............................314 Supported employment ......................................314 Special circumstances ........................................314 Qualification for disability support pension— permanent blindness ..........................................315 Continuation of disability support pension........316 Subdivision B—Payability 317 98 103 103A 104 Disability support pension not payable if pension rate nil ................................................................317 Multiple entitlement exclusion ..........................317 Exclusion of certain participants in ABSTUDY Scheme...............................................................319 Seasonal workers—preclusion period ...............320 Division 5—Rate of disability support pension 322 117 118 119 120 How to work out a person’s disability support pension rate ........................................................322 Approved program of work supplement............322 Approved program of work supplement not payable in certain circumstances .......................322 Effect of participation in an approved program of work for income support payment .....................323 Division 10—Bereavement payments 324 Subdivision A—Death of partner 146F 146G 146H 324 Qualification for payments under this Subdivision ...........................................................................324
Continued payment of deceased partner’s previous entitlement .........................................................326 Lump sum payable in some circumstances........327 Social Security Act 1991 vii Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 146J 146K 146L Adjustment of person’s disability support pension rate .....................................................................328 Effect of death of person entitled to payments under this Subdivision .......................................329 Matters affecting payment of benefits under this Subdivision ........................................................330 Subdivision C—Death of recipient 331 Death of recipient...............................................331 146Q Part 2.5—Carer payment 333 Division 1A—Interpretation 197 333 Definitions .........................................................333 Division 1—Qualification for and payability of carer payment 336 Subdivision A—Qualification 336 197A 197B 197C 197D 197E 197F 197G 197H 197J 197K 198 198AAA 198AA Overview—circumstances in which person is qualified for carer payment................................336 Qualification—child with a severe disability or severe medical condition ...................................336 Qualification—2 or more children each with a disability or medical condition ..........................338 Qualification—disabled adult and one or more children each with a disability or medical condition ............................................................339 Qualification—child who has a terminal condition ...........................................................................340 Qualification—exchanged care of children .......342 Qualification—short term or episodic care of children ..............................................................344 Qualification—extension of short term or episodic care.....................................................................345 Qualification following qualification for short term or episodic
 care ..................................................347 Remaining qualified for up to 3 months after child turns 16 ..............................................................349 Qualification—disabled adult or disabled adult and dependent child ..................................................349 Continuation of qualification when person receiving care admitted to institution.................352 Qualification for carer payment—hospitalisation ...........................................................................353 viii Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 198AB 198AC 198AD 198A 198B 198C 198D 198E 198F 198G 198H 198HA 198HB 198J 198JA 198JB 198JC 198JD 198JE 198JF 198JG 198JH 198K Care not required to be in private residence during portability period................................................355 Effect of cessation of care etc.
on carer payment ...........................................................................356 Qualification—wife pension and carer allowance recipient .............................................................360 Income test.........................................................360 Taxable income..................................................361 Appropriate tax year ..........................................363 Assets test ..........................................................367 Working out the value of assets.........................369 Disposal of assets—care receiver assets test .....369 Amount of disposition—care receiver assets test ...........................................................................371 Disposal of assets in pre-pension years— individual higher ADAT score adults................371 Disposal of assets in pre-pension years— profoundly disabled child or disabled children..372 Disposal of assets in pre-pension years—lower ADAT score adult and dependent child.............373 Disposal of assets before 1 July 2002—individual higher ADAT score adults .................................375 Disposal of assets before 1 July 2002—profoundly disabled children or disabled children ...............376 Disposal of assets before 1 July 2002—lower ADAT score adult and dependent child.............378 Disposal of assets in income year—individual higher ADAT score adults .................................380 Disposal of assets in 5 year period—individual higher ADAT score adults .................................381 Disposal of assets in income year—sole care children ..............................................................382 Disposal of assets in 5 year period—sole care child ...................................................................382 Disposal of assets in income year—lower ADAT score adult and child or children........................383 Disposal of assets in 5 year period—lower ADAT score adult and child or children........................385 Disposal of assets in pre-pension
 years—members of couples including higher ADAT score adults ...........................................................................387 Social Security Act 1991 ix Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 198L 198LA 198LB 198M 198MA 198N 198P 198Q Disposal of assets before 1 July 2002—members of couples including higher ADAT score adults ...........................................................................389 Disposal of assets in income year—members of couples including higher ADAT score adults....391 Disposal of assets in 5 year period—members of couples including higher ADAT score adults....392 Certain dispositions to be disregarded for care receiver assets test..............................................394 Other disposals to be disregarded for care receiver assets test............................................................395 Exemption from care receiver assets test...........395 Date of effect of favourable decision under section 198N ......................................................402 Date of effect of adverse decision under section 198N ......................................................405 Subdivision B—Payability 406 Carer payment not payable if payment rate nil..406 Newly arrived resident’s waiting period............406 Duration of newly arrived resident’s waiting period .................................................................407 Multiple entitlement exclusion ..........................408
 Exclusion of certain participants in ABSTUDY Scheme...............................................................409 Seasonal workers—preclusion period ...............410 199 201AA 201AB 202 202A 203 210 Division 4—Rate of carer payment 412 How to work out a person’s carer payment rate 412 Division 9—Bereavement payments Subdivision A—Continuation of carer payment 413 413 235 236 236A 236B Continuation of carer payment for bereavement period where person cared for dies ....................413 Continued carer
 payment rate ............................414 Lump sum payable in some circumstances........414 Subdivision not to apply in certain cases involving simultaneous death.............................................415 Subdivision B—Death of partner 237 238 416 Qualification for payments under this Subdivision ...........................................................................416 Continued payment of deceased partner’s previous entitlement .........................................................418 x Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 239 240 241 242 243 Lump sum payable in some circumstances........419 Adjustment of person’s carer payment rate .......421 Effect of death of person entitled to payments under this Subdivision .......................................421 Benefits under this Subdivision .........................423 Subdivision not to apply in certain cases involving simultaneous death.............................................424 Subdivision D—Death of recipient 424 Death of recipient...............................................424 246 Part 2.5A—One-off payments to carers eligible for carer payment 426 Division 1—One-off payment to carers eligible for carer payment 247 248 426 One-off payment to carers (carer payment related) ...........................................................................426 What is the amount of the payment?
.................426 Division 2—2005 one-off payment to carers eligible for carer payment 249 250 2005 one-off payment to carers (carer payment related) ...............................................................427 What is the amount of the payment?
.................427 427 Division 3—2005 one-off payment to carers eligible for carer service pension 428 251 252 2005 one-off payment to carers (carer service pension related)..................................................428 What is the amount of the payment?
.................428 Division 4—2006 one-off payment to carers eligible for carer payment 253 254 2006 one-off payment to carers (carer payment related) ...............................................................429 Amount of the one-off payment.........................429 429 Division 5—2006 one-off payment to carers eligible for wife pension 255 256 2006 one-off payment to carers (wife pension related) ...............................................................430 Amount of the one-off payment.........................430 430 Social Security Act 1991 xi Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Division 6—2006 one-off payment to carers eligible for partner service pension 431 257 258 2006 one-off payment to carers (partner service pension related)..................................................431 Amount of the one-off payment.........................431 Division 7—2006 one-off payment to carers eligible for carer service pension 432 259 260 2006 one-off payment to carers (carer service pension related)..................................................432 Amount of the one-off payment.........................432 Division 8—2007 one-off payment to carers eligible for carer payment 261 262 2007 one-off payment to carers (carer payment related) ...............................................................433 Amount of the one-off payment.........................433 433 Division 9—2007 one-off payment to carers eligible for wife pension 263 264 2007 one-off
 payment to carers (wife pension related) ...............................................................434 Amount of the one-off payment.........................434 434 Division 10—2007 one-off payment to carers eligible for partner 435 service pension 265 266 2007 one-off payment to carers (partner service pension related)..................................................435 Amount of the one-off payment.........................435 Division 11—2007 one-off payment to carers eligible for carer service pension
 436 267 268 2007 one-off payment to carers (carer service pension related)..................................................436 Amount of the one-off payment.........................436 Division 12—2008 one-off payment to carers eligible for carer payment 269 270 2008 one-off payment to carers (carer payment related) ...............................................................437 Amount of the one-off payment.........................437 437 xii Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Division 13—2008 one-off payment to carers eligible for wife pension 271 272 2008 one-off payment to carers (wife pension related) ...............................................................438 Amount of the one-off payment.........................438 438 Division 14—2008 one-off payment to carers eligible for partner 439 service pension 273 274 2008 one-off payment to carers (partner service pension related)..................................................439 Amount of the one-off payment.........................439 Division 15—2008 one-off payment to carers eligible for carer service pension 440 275 276 2008 one-off payment to carers (carer service pension related)..................................................440 Amount of the one-off payment.........................440 Part 2.6—One-off energy assistance payment Part 2.6A—2019 one-off energy assistance payment 300 301 302 303 304 305 306 307 441 One-off
 energy assistance payment ...................441 Amount of one-off energy assistance payment..441 443 One-off energy assistance payment ...................443 Amount of one-off energy assistance payment..444 445 First 2020 economic support payment...............445 Amount of first 2020 economic support payment ...........................................................................445 446 Second 2020 economic support payment ..........446 Amount of second 2020 economic support
 payment..............................................................446 Part 2.6B—2020 economic support payments 445 Division 1—First 2020 economic support payment Division 2—Second 2020 economic support payment Division 3—Eligibility 308 447 Eligibility ...........................................................447 Part 2.6C—Additional economic support payments 449 Division 1—Additional economic support payment 2020 449 Additional economic support payment 2020 .....449 309 Social Security Act 1991 xiii Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 310 Amount of additional economic support payment 2020 ...................................................................449 Division 2—Additional economic support payment 2021 311 312 450 Additional economic support payment 2021 .....450 Amount of additional economic support payment 2021 ...................................................................450 Division 3—Eligibility 313 451 Eligibility ...........................................................451 Part 2.8A—Widow allowance 453 Division 1—Time limit on grants of widow allowance 453 Time limit on grants...........................................453 408AA Division 2—Qualification for and payability of widow allowance 454 Subdivision A—Qualification Subdivision B—Payability 408BA 408BB 408CA 408CE 408CF 408CG 408CH 408FA 408GI 454 Qualification for widow allowance....................454 Assurance of support
 .........................................455 455 Widow allowance not payable if allowance rate nil ...........................................................................455 Assets test—allowance not payable if assets value limit exceeded ....................................................456 Multiple entitlement exclusion ..........................456 Maximum basic rate and remote area allowance not payable to CDEP Scheme participant..........458 Seasonal workers ...............................................458 460 How
460 How to work out a woman’s widow allowance rate ...........................................................................460 CDEP Scheme participant may accumulate widow allowance ...........................................................460 Division 5—Rate of widow allowance Part 2.10—Parenting payment Division 1—Qualification for and payability of parenting payment Subdivision A—Qualification 500 500A 461 Qualification for parenting payment..................461 Participation requirements .................................463 461 461 xiv Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 500B 500C 500D 500E Qualification—assurance of support .................463 Qualification affecting member of couple— unemployment due to industrial action..............464 PP child ..............................................................465 Prospective determinations for some recipients 465 Subdivision B—General principles relating to payability 500I 500J 500Q 500S 500V 500VA 500W 500WA 500WB 500X 500Y 500Z 466 Parenting payment not payable if payment rate nil ...........................................................................466 Situations where payment not payable for failure to comply with certain requirements .................467 Assets test—payment not payable if assets value limit exceeded ....................................................467 Multiple entitlement exclusion ..........................469 Educational schemes exclusion—person member of a couple..........................................................470 Exclusion of certain participants in ABSTUDY Scheme...............................................................471 Maximum basic rate and remote area allowance not payable to CDEP Scheme participant who is a member of a couple............................................472 Ordinary waiting period.....................................472 Duration of ordinary waiting period ..................473 Newly arrived resident’s waiting
 period............474 Duration of newly arrived resident’s waiting period .................................................................475 Seasonal workers—preclusion period ...............476 Division 2—Parenting Payment Employment Pathway Plans 476 501 501A 501B 501C 501D 501E Parenting Payment Employment Pathway Plans ...........................................................................476 Parenting Payment Employment Pathway Plan— terms...................................................................476 Parenting Payment Employment Pathway Plans— requirement to look for work of appropriate number of hours per week .................................476 Parenting Payment Employment Pathway Plans— people with partial capacity to work..................476 Parenting Payment Employment Pathway Plans— requirement to participate in an approved program of work...............................................................476 Parenting Payment Employment Pathway Plans— suspension of plans ............................................476 Social Security Act 1991 xv Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Division 3—Additional participation requirements 476 502 502A 502B Secretary may impose additional participation requirements.......................................................476 People 55 and over who are engaged in work ...476 Persons engaged in suitable paid work for at least 30 hours per fortnight ........................................476 Division 3A—Participation exemptions 502BA 502C 502D 502E 502F 502G 502H 502J 502K 476 Death of person’s partner...................................476 Domestic violence etc........................................476 People with disabled children and other circumstances.....................................................476 Training camps ..................................................476 Special circumstances ........................................476 Pre-natal and post-natal relief
 ............................476 Temporary incapacity ........................................476 Time limit for temporary incapacity exemption— Secretary satisfied person can undertake activity ...........................................................................476 Time limit for temporary incapacity exemption— end of person’s maximum exemption period ....476 Division 4—Rate of parenting payment Subdivision A—Rate of parenting payment 477 477 503 503A 503AA 503B 503C How to work out a person’s parenting payment rate .....................................................................477 Approved program of work supplement............477 Approved program of work supplement not payable in certain circumstances .......................477 Training supplement ..........................................478 National Green Jobs Corps supplement.............478 Subdivision C—Accumulation of parenting payments by CDEP Scheme participants 478 504N CDEP Scheme participant may accumulate parenting payment..............................................478 Division 9—Bereavement payments 479 Subdivision A—Continuation of parenting payment after death of 479 child 512 Death of PP child—continuation of qualification for 14 weeks.......................................................479 Subdivision B—Death of recipient 479 xvi Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 513 513A Death of recipient—recipient not member of a
 couple.................................................................479 Death of recipient—recipient member of a couple ...........................................................................480 Subdivision C—Death of partner 514 514A 514B 514C 514D 514E 514F 480 Surviving partner and deceased partner.............480 Qualification for payments under this Subdivision ...........................................................................481 Continued payment of deceased partner’s previous entitlement
 .........................................................482 Lump sum payable in some circumstances........482 Adjustment of person’s parenting payment rate 484 Effect of death of surviving partner...................484 Matters affecting payments under this Subdivision ...........................................................................486 Subdivision D—Bereavement payment in respect of a person who was a CDEP Scheme participant 487 Calculation of bereavement payment in respect of former CDEP Scheme participant......................487 514FA Part 2.11—Youth allowance Division 1—Qualification for youth allowance Subdivision A—Basic qualifications 488 488 488 540 540A 540AA 540AB 540B 540BA 540C Qualification for youth allowance—general rule ...........................................................................488 Qualification for youth allowance—claimants for disability support pension ..................................488 Qualification for youth allowance—new apprentices .........................................................490 Qualification for youth allowance—claimants with medical conditions affecting their capacity to work ...........................................................................491 Qualification for youth allowance—transferee from social security pension ..............................493 Qualification for youth allowance—coronavirus ...........................................................................493 Qualification for youth allowance may continue to end of payment period .......................................494 Subdivision B—Activity test 541 541A 495 Activity test........................................................495 Failure to satisfy the activity test .......................495 Social Security Act 1991 xvii Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 541B 541C 541D Undertaking full-time study...............................495 One course of education
 ....................................498 Unsuitable paid work .........................................499 Subdivision C—Exemptions from the activity test 499 542 542A 542B 542BA 542C 542D 542E 542EA 542F 542FA 542FB 542G 542H Situations in which a person is not required to satisfy the activity test........................................499 Temporary incapacity exemption ......................499 Failure to attend interview etc.
may result in cessation of temporary incapacity exemption....501 Time limit for temporary incapacity exemptions— capacity to undertake activity ............................502 Time limit for temporary incapacity exemptions— maximum exemption period ..............................502 Pre-natal and post-natal exemptions ..................505 Remote area exemption .....................................505 Relief from activity test—death of person’s partner ................................................................505 Domestic violence or other special family circumstances exemption...................................507 Disabled children or other family circumstances exemption...........................................................508 New claimants exemption..................................512 Training camp exemption ..................................512 Special circumstances exemption ......................512 Subdivision D—Youth allowance age 543 543A 543B 513 Youth allowance age..........................................513 Minimum age for youth allowance....................514 Maximum age for youth allowance ...................517 Subdivision E—Youth Allowance Employment Pathway Plans 518 544 544A 544B 544C 544D Requirements relating to Youth Allowance Employment Pathway Plans ..............................518 Youth Allowance Employment Pathway Plans— requirement ........................................................518 Youth Allowance Employment Pathway Plans—
 terms...................................................................518 Youth Allowance Employment Pathway Plans— principal carers...................................................518 Youth Allowance Employment Pathway Plans— people with partial capacity to work..................518 xviii Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 544DA 544E Youth Allowance Employment Pathway Plans— early school leavers............................................518 Youth Allowance Employment Pathway Plans— suspension of plans for people with certain exemptions .........................................................518 Subdivision G—Miscellaneous 518 546 Prospective determinations for some allowance recipients............................................................518 Division 2—Situations in which youth allowance is not payable Subdivision A—Situations in which allowance not payable (general) 520 520 547 547AA 547AB Youth allowance not payable if allowance rate nil ...........................................................................520 Youth allowance not payable if person fails to attend interview etc.
in certain circumstances ...520 Situations where allowance not payable for failure to comply with certain requirements .................520 Subdivision AB—Assets test 520 547A 547B 547C 547D Allowance not payable if assets value limit exceeded.............................................................520 Who is excluded from application of assets test?
...........................................................................521 Assets value limit...............................................521 Value of person’s assets to include value of assets of partner in certain circumstances ....................521 Subdivision C—Waiting periods 549 549A 549B 549C 549CA 549CB 549D 549E 549F 522 Waiting periods..................................................522 Liquid assets test waiting period........................522 Start of liquid assets test waiting period ............524 Length of liquid assets test waiting period ........525 Ordinary waiting period.....................................526 Duration of ordinary waiting period ..................527 Newly arrived resident’s waiting period............529 Length of newly arrived resident’s waiting period ...........................................................................530 Effect of being subject to multiple waiting periods ...........................................................................531 Subdivision D—Situations where allowance not payable because of youth allowance participation failure 531 Social Security Act 1991 xix Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 549G 550 550B 550C 550D Application of Subdivision ................................531 Youth allowance participation failures ..............531 Allowance not payable because of youth allowance participation failure...........................533 When the period of non-payment starts.............534 When the period of non-payment ends ..............534 Subdivision E—Situations where allowance not payable because of repeated failure 535 Application of Subdivision ................................535 Allowance not payable because of repeated failure ...........................................................................535 When the period of non-payment starts.............536 550E 551 551A Subdivision F—Multiple entitlement exclusions 536 Multiple entitlement exclusions.........................536
 Person receiving payment under certain schemes ...........................................................................537 Assurance of support .........................................538 Maximum basic rate and remote area allowance not payable to CDEP Scheme participant..........538 538 Employment-related exclusions.........................538 Unemployment due to industrial action.............539 Move to area of lower employment prospects...540 Seasonal workers ...............................................542 Subdivision G—Employment-related exclusions Division 5—Rate of youth allowance 545 556 556A 556B 559J How to work out a person’s youth allowance rate ...........................................................................545 Approved program of work supplement............545 National Green Jobs Corps supplement.............545 CDEP Scheme participant may accumulate youth allowance ...........................................................545 Division 10—Bereavement payments 547 Subdivision A—Ongoing payments for death of partner 547 Qualification for payments under this Subdivision ...........................................................................547 Continued payment of partner’s pension or benefit ...........................................................................548 Lump sum payable in some circumstances........549 Adjustment of person’s youth allowance rate....550 552 552A 552B 552C 553 553A 553B 553C 567 567A 567B 567C xx Social
 Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 567D 567E 567F Effect of death of person entitled to payments under this Subdivision .......................................550 Matters affecting payments under this Subdivision ...........................................................................552 Calculation of bereavement payment in respect of former CDEP Scheme participant......................553 Subdivision AA—One-off payment for death of partner
 553 567FA 567FB Qualification for payment under this Subdivision ...........................................................................553 Amount of payment ...........................................554 Subdivision B—Continuation of youth allowance rate after death 556 of child 567G Death of child—continuation of youth allowance rate for 14 weeks................................................556 Part 2.11A—Austudy payment Division 1—Qualification for austudy payment Subdivision A—Basic qualifications 557 557 557 568 568AA 568A Qualification for austudy payment—general rule ...........................................................................557 Qualification for austudy payment—new apprentices .........................................................557 Qualification for austudy payment—transferee from social security pension ..............................557 Subdivision B—Activity test 558 Activity test........................................................558 Undertaking qualifying study ............................558 One course of education ....................................559 Approved course of education or study .............560 Full-time students ..............................................560 Concessional study-load students ......................560 Normal amount of full-time study .....................562 First fortnight of classes.....................................563 Progress rules—secondary students...................563 Progress
 rules—tertiary students .......................565 569 569A 569AA 569B 569C 569D 569E 569F 569G 569H 570 Subdivision C—Austudy age 571 Austudy age .......................................................571 Social Security Act 1991 xxi Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Division 2—Situations in which austudy payment is not payable 572 Subdivision A—Situation in which austudy payment not payable (general) 572 572 572A Austudy payment not payable if payment rate nil
 ...........................................................................572 Situations where austudy payment not payable for failure to comply with certain requirements ......572 Subdivision B—Assets test Subdivision D—Waiting periods 573 573B 573C 575 575A 575B 575C 575D 575E 575EA 575F 572 Austudy payment not payable if assets value limit exceeded.............................................................572 Assets value limit...............................................573 Value of person’s assets to include value of assets of partner............................................................573 573 Waiting periods..................................................573 Liquid assets test waiting period........................574 Start of liquid assets test waiting period ............575 Length of liquid assets test waiting period ........575 Newly arrived resident’s waiting period............576 Length of newly arrived resident’s waiting period ...........................................................................577 Seasonal workers—preclusion period ...............578 Effect of being subject to 2 waiting periods ......579 Subdivision E—Situations where austudy payment not payable because of austudy participation failure 579 Austudy participation failures............................579 Allowance not payable because of austudy participation failure............................................581 When the period of non-payment starts.............582 When the period of non-payment ends ..............582 576 576A 576B 576C Subdivision F—Situations where payment not payable because of 583 repeated failure 577 577A Payment not payable because of repeated failure ...........................................................................583 When the period of non-payment starts.............583 Subdivision G—Multiple entitlement exclusions 584 Multiple entitlement exclusions.........................584 578 xxii Social Security Act 1991 Future compilation
 prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 578A 578B Person receiving payment under certain schemes ...........................................................................585 Assurance of support .........................................586 Division 5—Rate of austudy payment 587 581 How to work out a person’s austudy payment rate ...........................................................................587 Division 10—Bereavement payments on death of partner 588 Qualification for payments under this Division.588 Continued payment of partner’s pension or benefit ...........................................................................589 Lump sum payable in some circumstances........590 Adjustment of person’s austudy payment rate...591 Effect of death of person entitled to payments under this Division.............................................591 Matters affecting payments under this Division 593 Part 2.11B—Scholarship payments for students Division 2—Relocation scholarship payment 595 595 592J 592K 592L Qualification for relocation scholarship payment ...........................................................................595 Circumstances in which person is not qualified for relocation scholarship payment .........................596 Amount of relocation scholarship payment .......598 Division 3—Approved scholarship course 602 Definition ...........................................................602 Approved scholarship course.............................602 Part 2.12—Jobseeker payment Division 1—Qualification for and payability of jobseeker payment 603 603 Subdivision A—Basic qualifications 603 Qualification for jobseeker payment..................603 Persons may be treated as unemployed .............609 Unemployment due to industrial action.............610 Assurance of support .........................................611 Liquid assets test waiting period........................612 Prospective determinations for some jobseeker
 payment recipients .............................................617 Subdivision B—Activity test 618 Social Security Act 1991 xxiii Future compilation prepared on 8 June 2021 592 592A 592B 592C 592D 592E 592M 592N 593 595 596 596A 598 600 OFFICIAL: Sensitive // Legal Privilege 601 602A 602AA 602B 602C 602D 603 603A 603AAA 603AA 603AB 603AC Activity test........................................................618 Relief from activity test—persons to whom subsection 614(6) applies...................................618 Relief from activity test—death of person’s partner ................................................................618 Relief from activity test—domestic violence etc.
...........................................................................618 Relief from activity test—people with disabled children and other circumstances.......................618 Relief from activity test—rehabilitation program ...........................................................................618 Relief from activity test—general......................618 Relief from activity test—special circumstances ...........................................................................618 Pre-natal and post-natal relief from activity test618 Relief from activity test—people 55 and over who are engaged in work...........................................618 Relief from activity test—certain principal carers and people with partial capacity to work ...........618 Relief from activity test—cessation of claims for widow allowance ...............................................618 Subdivision BA—Exemption from activity test—people temporarily incapacitated for work 618 603BA 603B 603C 603D 603F Subdivision not to apply to a person with a pending claim for disability support pension.....618 Interpretation......................................................618 Incapacitated person not required to satisfy activity test.........................................................618 Time limit for exemption—Secretary satisfied person can undertake activity ............................618 Time limit for exemption—end of person’s maximum exemption period ..............................618 Subdivision C—Jobseeker
 Employment Pathway Plans 618 605 606 607 607A Jobseeker Employment Pathway Plans— requirement ........................................................618 Jobseeker Employment Pathway Plans—terms.618 Jobseeker Employment Pathway Plans—principal carers..................................................................618 Jobseeker Employment Pathway Plans—people with partial capacity to work .............................618 xxiv Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 607B 607C Jobseeker Employment Pathway Plans— requirement to participate in an approved program of work...............................................................618 Jobseeker Employment Pathway Plans— suspension of plans ............................................618 611 608 (general) Subdivision D—Situations where jobseeker payment not payable 618 Jobseeker payment not payable if payment rate nil ...........................................................................618 Assets test—jobseeker payment not payable if assets value limit exceeded ................................619 Value of assets of members of couples..............620 Full-time students ..............................................621 Multiple entitlement exclusion ..........................621 Maximum basic rate and remote area allowance not payable to CDEP Scheme participant..........624 Jobseeker payment not payable if person fails to attend interview etc.
in certain circumstances ...624 612 613 614 614A 615 (waiting periods) Subdivision E—Situations where jobseeker payment not payable 624 Ordinary waiting period.....................................624 Duration of ordinary waiting period ..................626 Newly arrived resident’s waiting period............627 Duration of newly arrived resident’s waiting period .................................................................629 620 621 623A 623B Subdivision G—Situations where jobseeker payment not payable 629 (administrative breaches) 631 Situations where jobseeker payment not payable for failure to comply with certain requirements 629 Subdivision GA—Activities that do not give rise to employment under certain industrial relations legislation 629 631C Activities that do not give rise to employment under certain industrial relations legislation......629 Subdivision H—Other situations where jobseeker payment not payable 629 Seasonal workers ...............................................629 Move to area of lower employment prospects...631 633 634 Division 4—Rate of jobseeker payment 633 643 How to work out a person’s jobseeker payment rate .....................................................................633 Social Security Act 1991 xxv Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 644AAA 644AAB 644AAC 645 653A 654 655 656 Approved program of work supplement............633 Approved program of work supplement not payable in certain circumstances .......................633
 Training supplement ..........................................633 National Green Jobs Corps supplement.............633 CDEP Scheme participant may accumulate newstart allowance.............................................633 Rate of jobseeker payment for former recipients of wife pension.......................................................634 Wife pension transition rate—method 1............636 Wife pension transition rate—method 2............637 Division 9—Bereavement payments 639 Subdivision AA—Ongoing payments for death of partner 660LA 660LB 660LC 660LD 660LE 660LF 660LG 639 Qualification for payments under this Subdivision ...........................................................................639 Continued payment of partner’s pension or benefit ...........................................................................640 Lump sum payable in some circumstances........640 Adjustment of a person’s jobseeker payment rate ...........................................................................642 Effect of death of person entitled to payments under this Subdivision .......................................642 Matters affecting payments under this Subdivision ...........................................................................644 Calculation of bereavement payment in respect of former CDEP Scheme participant......................645 Subdivision A—One-off payment for death of partner 645 660LH 660LI Qualification for payment under this Subdivision
 ...........................................................................645 Amount of payment ...........................................646 Subdivision B—Continuation of jobseeker payment rate after death of child 648 660M Death of child—continuation of jobseeker payment rate for 14 weeks .................................648 xxvi Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Formal matters Part 1.1 Section 1 An Act to provide for the payment of certain pensions, benefits and allowances, and for related purposes Chapter 1—Introductory Part 1.1—Formal matters 1 Short title This Act may be cited as the Social Security Act 1991.
2 Commencement This Act commences on 1 July 1991.

3 Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act.

3AA Norfolk Island This Act extends to Norfolk Island.

Social Security Act 1991 1 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 3A Part 1.2—Definitions 3A Power of Secretary to make determinations etc.
If: (a) a provision of this Act refers to a determination made, approval given or other act done by the Secretary; and (b) there is no other provision of this Act expressly conferring power on the Secretary to make the determination, give the approval or do the act; the Secretary has power by this section to make such a determination, give such an approval or do such an act, as the case requires.
3AB References to Employment Secretary A reference in a provision of this Act or the Administration Act to the Employment Secretary does not, by implication, affect the meaning of a reference to the Secretary in any other provision of this Act or the Administration Act.

Note: Under subsection 23(1), Secretary generally means the Secretary of the Department.
Applying section 19A of the Acts Interpretation Act 1901 (which deals with references in provisions of Acts to the Department), the Secretary referred to in many provisions of this Act or the Administration Act will be the Employment Secretary.

3B Definitions—simplified outline Sections 4 to 23 contain definitions of terms that are used in the social security law.

Subsection 23(1) contains an entry for each expression that is defined for the purposes of this Act.

That subsection is like a Dictionary.


2 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 4 The entry is either an actual definition of the expression or a signpost definition that identifies the provision that defines the expression.

Many other sections in this Part contain the actual definitions relating to a particular topic.
For example, sections 4 and 5 contain family relationship definitions and section 8 contains income test definitions.

4 Family relationships definitions—couples (1) In this Act, unless the contrary intention appears: approved respite care has the meaning given by subsection (9).
armed services widow means a woman who was the partner of: (a) a person who was a veteran for the purposes of any provisions of the Veterans’ Entitlements Act; or (b) a person who was a member of the forces for the purposes of Part IV of that Act; or (c) a person who was a member of a peacekeeping force for the purposes of Part IV of that Act; or (d) a person who was a member within the meaning of the Military Rehabilitation and Compensation Act for the purposes of that Act; immediately before the death of the person.
armed services widower means a man who was the partner of: (a) a person who was a veteran for the purposes of any provisions of the Veterans’ Entitlements Act; or (b) a person who was a member of the Forces for the purposes of Part IV of that Act; or (c) a person who was a member of a Peacekeeping Force for the purposes of Part IV of that Act; or (d) a person who was a member within the meaning of the Military Rehabilitation and Compensation Act for the purposes of that Act; Social Security Act 1991 3 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 4 immediately before the death of the person.
illness separated couple has the meaning given by subsection (7).

member of a couple has the meaning given by subsections (2), (3), (3A), (6) and (6A).

partner, in relation to a person who is a member of a couple, means the other member of the couple.

partnered has the meaning given by subsection (11).

partnered (partner getting benefit) has the meaning given by subsection (11).

partnered (partner getting neither pension nor benefit) has the meaning given by subsection (11).
partnered (partner getting pension) has the meaning given by subsection (11).

partnered (partner getting pension or benefit) has the meaning given by subsection (11).

partnered (partner in gaol) has the meaning given by subsection (11).

prohibited relationship has the meaning given by subsections (12) and (13).

respite care couple has the meaning given by subsection (8).
Member of a couple—general (2) Subject to subsection (3), a person is a member of a couple for the purposes of this Act if: (a) the person is legally married to another person and is not, in the Secretary’s opinion (formed as mentioned in subsection (3)), living separately and apart from the other person on a permanent or indefinite basis; or (aa) both of the following conditions are met: 4 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 4 (i) a relationship between the person and another person (whether of the same sex or a different sex) is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section; (ii) the person is not, in the Secretary’s opinion (formed as mentioned in subsection (3)), living separately and apart from the other person on a permanent or indefinite basis; or (b) all of the following conditions are met: (i) the person has a relationship with another person, whether of the same sex or a different sex (in this paragraph called the partner); (ii) the person is not legally married to the partner; (iii) the relationship between the person and the partner is, in the Secretary’s opinion (formed as mentioned in subsections (3) and (3A)), a de facto relationship; (iv) both the person and the partner are over the age of consent applicable in the State or Territory in which they live; (v) the person and the partner are not within a prohibited relationship.
Member of a couple—criteria for forming opinion about relationship (3) In forming an opinion about the relationship between 2 people for the purposes of paragraph (2)(a), subparagraph (2)(aa)(ii) or subparagraph (2)(b)(iii), the Secretary is to have regard to all the circumstances of the relationship including, in particular, the following matters: (a) the financial aspects of the relationship, including: (i) any joint ownership of real estate or other major assets and any joint liabilities; and (ii) any significant pooling of financial resources especially in relation to major financial commitments; and Social Security Act 1991 5 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 4 (iii) any legal obligations owed by one person in respect of the other person; and (iv) the basis of any sharing of day-to-day household expenses; (b) the nature of the household, including: (i) any joint responsibility for providing care or support of children; and (ii) the living arrangements of the people; and (iii) the basis on which responsibility for housework is distributed; (c) the social aspects of the relationship, including: (i) whether the people hold themselves out as married to, or in a de facto relationship with, each other; and (ii) the assessment of friends and regular associates of the people about the nature of their relationship; and (iii) the basis on which the people make plans for, or engage in, joint social activities; (d) any sexual relationship between the people; (e) the nature of the people’s commitment to each other, including: (i) the length of the relationship; and (ii) the nature of any companionship and emotional support that the people provide to each other; and (iii) whether the people consider that the relationship is likely to continue indefinitely; and (iv) whether the people see their relationship as a marriage-like relationship or a de facto relationship.
(3A) The Secretary must not form the opinion that the relationship between a person and his or her partner is a de facto relationship if the person is living separately and apart from the partner on a permanent or indefinite basis.
6 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 4 Member of a couple—special excluding determination (6) A person is not a member of a couple if a determination under section 24 is in force in relation to the person.

Note: Section 24 allows the Secretary to treat a person who is a member of a couple as not being a member of a couple in special circumstances.
(6A) A person who: (a) has claimed youth allowance and is not independent within the meaning of Part 3.5; or (b) is receiving a youth allowance and is not independent within the meaning of Part 3.5; or (c) is a member of a couple of which a person referred to in paragraph (b) is the other member; is not a member of a couple for the purposes of: (d) the provisions of this Act referred to in the table at the end of this subsection; and (e) any provision of this Act that applies for the purposes of a provision mentioned in paragraph (d); and (f) any provision of this Act that applies for the purposes of Module E (Ordinary income test) of the Pension PP (Single) Rate Calculator in section 1068A.
Note: Paragraphs (e) and (f) have the effect of treating a person as not being a member of a couple in provisions that apply for the purposes of the income test, assets test, liquid assets test or compensation recovery provisions, including section 8 (Income test definitions), sections 11 and 11A (Assets test definitions), section 14A (Social security benefit liquid assets test provisions), section 17 (Compensation recovery definitions), section 19B (Financial hardship provisions liquid assets test definition), Part 2.26 (Fares allowance), Part 3.10 (General provisions relating to the ordinary income test) and Part 3.12 (General provisions relating to the assets test).
Affected provisions Item Provisions of this Act Subject matter 1 Subdivision AB of Division 2 of Part 2.11 Youth allowance assets test 1A section 500Q Parenting payment assets test Social Security Act 1991 7 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 4 Affected provisions Item Provisions of this Act Subject matter 11A sections 549A to 549C Youth allowance liquid assets test Subdivision B of Division 2 of Part 2.11A Austudy payment assets test sections 575A to 575C Austudy payment liquid assets test section 598 sections 611 and 612 sections 733 and 734 section 771HF Part 2.26 Module E of Pension Rate Calculator A Module G of Pension Rate Calculator A Module F of Pension Rate Calculator D Module H of Pension Rate Calculator D Module H of Youth Allowance Rate Calculator Jobseeker payment liquid assets test Jobseeker payment assets test Special benefit assets test Partner allowance assets test Fares allowance Ordinary income test Assets test Ordinary income test Assets test Income test Module D of the Austudy Payment Rate Calculator Income test Module G of Benefit Rate Calculator B Income test Part 3.14 Compensation recovery Illness separated couple (7) Where 2 people are members of a couple, they are members of an illness separated couple if: (a) they are unable to live together in their home as a result of the illness or infirmity of either or both of them; and 8 Social Security Act
 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 4 (b) because of that inability to live together, their living expenses are, or are likely to be, greater than they would otherwise be; and (c) that inability is likely to continue indefinitely.
Respite care couple (8) Where 2 people are members of a couple, they are members of a respite care couple if: (a) one of the members of the couple has entered approved respite care; and (b) the member who has entered the approved respite care has remained, or is likely to remain, in that care for at least 14 consecutive days.
(9) For the purpose of this Act, a person is in approved respite care on a particular day if the person is eligible for: (a) a respite supplement in respect of that day under the Subsidy Principles made for the purposes of subparagraph 44-5(1)(a)(i) of the Aged Care Act 1997; or (b) a respite care supplement in respect of that day under section 44-12 of the Aged Care (Transitional Provisions) Act 1997.
Temporarily separated couple (9A) Two people are members of a temporarily separated couple if they: (a) are members of a couple for the purposes of this Act; and (c) are living separately and apart from each other but not on a permanent or indefinite basis; and (d) are neither an illness separated nor a respite care couple.

Note: For member of a couple see subsection 4(2) and section 24.
Standard family situation categories (11) For the purposes of this Act: Social Security Act 1991 9 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 4 (a) a person is partnered if the person is a member of a couple; and (b) a person is partnered (partner getting neither pension nor benefit) if the person is a member of a couple and the person’s partner: (i) is not receiving a social security pension; and (ii) is not receiving a social security benefit; and (iii) is not receiving a service pension, income support supplement or a veteran payment; and (c) a person is partnered (partner getting pension or benefit) if the person is a member of a couple and the person’s partner is receiving: (i) a social security pension; or (ii) a social security benefit; or (iii) a service pension, income support supplement or a veteran payment; and (d) a person is partnered (partner getting pension) if the person is a member of a couple and the person’s partner is receiving: (i) a social security pension; or (ii) a service pension, income support supplement or a veteran payment; and (e) a person is partnered (partner getting benefit) if the person is a member of a couple and the person’s partner is receiving a social security benefit; and (f) a person is partnered (partner in gaol) if the person is a member of a couple and the person’s partner is: (i) in gaol; or (ii) undergoing psychiatric confinement because the partner has been charged with committing an offence.
Note 1: For social security pension see subsection 23(1).

Note 2: For in gaol see subsection 23(5).

Note 3: For psychiatric confinement see subsections 23(8) and (9).
10 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 5 Prohibited relationship (12) For the purposes of this Act, a person and his or her partner are within a prohibited relationship if the person is: (a) an ancestor or a descendant of the partner; or (b) a brother, sister, half-brother or half-sister of the partner.
(13) For the purposes of subsection (12), a child who is, or has ever been, an adopted child of a person is taken to be the natural child of that person and the person is taken to be the natural parent of the child.

5 Family relationships definitions—children (1) In this Act, unless the contrary intention appears: adopted child means a young person adopted under the law of any place, whether in Australia or not, relating to the adoption of children.
child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975. dependent child has the meaning given by subsections (2) to (8A).

independent, in Parts 2.11, 2.11B, 3.4A, 3.4B, 3.5 and 3.7, has the meaning given in section 1067A.

main supporter of a secondary pupil child has the meaning given by section 5G.
parent means: (a) (except in Part 2.11, section 592L, subsection 1067A(10L) and the Youth Allowance Rate Calculator in section 1067G): (i) in relation to a person (the relevant person), other than an adopted child—a natural parent or relationship parent of the relevant person; or (ii) in relation to an adopted child—an adoptive parent of the child; or Social Security Act 1991 11 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 5 (b) in Part 2.11, section 592L, subsection 1067A(10L) and the Youth Allowance Rate Calculator in section 1067G, in relation to a person (relevant person): (i) a natural parent, adoptive parent or relationship parent of the relevant person with whom the relevant person normally lives; or (ii) if a parent referred to in subparagraph (b)(i) is a member of a couple and normally lives with the other member of the couple—the other member of the couple; or (iii) any other person (other than the relevant person’s partner) on whom the relevant person is wholly or substantially dependent; or (iv) if none of the preceding paragraphs applies—the natural parent, adoptive parent or relationship parent of the relevant person with whom the relevant person last lived.
prescribed educational scheme means: (b) the ABSTUDY Scheme; or (ca) a Student Financial Supplement Scheme; or (e) the Veterans’ Children Education Scheme; or (ea) the scheme to provide education and training under section 258 of the Military Rehabilitation and Compensation Act; or (f) the Post-Graduate Awards Scheme.
Note: For paragraph (ca), an application under the Student Financial Supplement Scheme cannot be made in respect of a year, or a part of a year, that begins on or after the day on which the Student Assistance Legislation Amendment Act 2006 receives the Royal Assent (see subsection 1061ZY(2)).

prescribed student child has the meaning given by subsection (11).

principal carer, of a child, has the meaning given by subsections (15) to (24).

relationship child has the meaning given by subsection (25).
12 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 5 relationship parent has the meaning given by subsection (25).

secondary pupil child has the meaning given by section 5F.
step-child: without limiting who is a step-child of a person for the purposes of this Act, someone who is a child of a partner of the person is the step-child of the person, if he or she would be the person’s step-child except that the person is not legally married to the partner.
step-parent: without limiting who is a step-parent of a person for the purposes of this Act, someone who is a partner of a parent of the person is the step-parent of the person, if he or she would be the person’s step-parent except that he or she is not legally married to the person’s parent.

student child has the meaning given by subsection (1A).
young person: (a) except in Part 2.20—has the meaning given by subsection (1B) of this section; and (b) in Part 2.20—means a person who is under 20 years of age.

(1A) A person is a student child at a particular time if: (a) at the time, the person: (i) has reached 16, but is under 22, years of age; and (ii) is receiving full-time education at a school, college or university; and (b) the person’s income in the financial year in which that time occurs will not be more than $6,403.
(1B) A person is a young person at a particular time if at that time the person: (a) is under 16 years of age; or (b) is a student child.
Social Security Act 1991 13 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 5 Dependent child—under 16 (2) Subject to subsections (3) and (6) to (8), a young person who has not turned 16 is a dependent child of another person (in this subsection called the adult) if: (a) the adult is legally responsible (whether alone or jointly with another person) for the day-to-day care, welfare and development of the young person, and the young person is in the adult’s care; or (b) the young person: (i) is not a dependent child of someone else under paragraph (a) or (aa); and (ii) is wholly or substantially in the adult’s care.
Note: For paragraph (a), see also subsection (16).

(3) A young person who has not turned 16 cannot be a dependent child if: (a) the young person is not in full-time education; and (b) the young person is in receipt of income; and (c) the rate of that income exceeds $107.70 per week.

Note: The amount in paragraph (c) is indexed annually in line with CPI increases (see sections 1191 to 1194).
Dependent child—16 to 21 years of age (4) Subject to subsections (5) to (8), a young person is a dependent child of another person at a particular time if: (a) at that time, the young person: (i) has reached 16, but is under 22, years of age; and (ii) is wholly or substantially dependent on the other person; and (b) the young person’s income in the financial year in which that time occurs will not be more than $6,403.
(5) A young person who has turned 16 cannot be a dependent child of another person if the other person is the young person’s partner.
14 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 5 Dependent child—pension, benefit and Labour Market Program recipients (6) A young person cannot be a dependent child for the purposes of this Act if: (a) the young person is receiving a social security pension; or (b) the young person is receiving a social security benefit; or (c) the young person is receiving payments under a program included in the programs known as Labour Market Programs.
Dependent child—residence requirements (7) For the purposes of this Act (other than the provisions dealing with special benefit), a young person is not to be treated as a dependent child of another person (in this subsection called the adult) unless: (a) if the adult is an Australian resident: (i) the young person is an Australian resident; or (ii) the young person is living with the adult; or (b) if the adult is not an Australian resident: (i) the young person is an Australian resident; or (ii) the young person has been an Australian resident and is living with the adult outside Australia; or (iii) the young person had been living with the adult in Australia and is living with the adult outside Australia.
Note: For Australian resident see subsection 7(2).
(8) For the purposes of working out the maximum rate of special benefit under subsection 746(2), a young person is not to be treated as a dependent child of another person (in this subsection called the adult) unless: (a) if the adult is an Australian resident: (i) the young person is an Australian resident or a resident of Australia; or (ii) the young person is living with the adult; or (b) if the adult is not an Australian resident—the young person is an Australian resident or a resident of Australia.
Social Security Act 1991 15 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 5 Note: Australian resident is defined by subsection 7(2) but resident of Australia has its ordinary meaning and is not given any special definition by this Act.

Subsection 7(3) is relevant to the question of whether a person is residing in Australia.
(8A) For the purposes of Part 2.10, a young person who is an inmate of a mental hospital is a dependent child of a member of a couple if there is in force under section 37 a determination in respect of the young person and the member of the couple.

Prescribed student child (11) A person is a prescribed student child if: (a) the person is a young person who has reached 16, but is under 22, years of age; and (b) the young person is qualified to receive payments under a prescribed educational scheme.
(12) For the purposes of subsection (11), a young person is, subject to subsection (13), qualified to receive a payment under a prescribed educational scheme if: (a) the young person is receiving a payment under a prescribed educational scheme; or (b) someone else is receiving, in respect of the young person, a payment under a prescribed educational scheme; or (c) the Secretary has not formed the opinion that: (i) the young person will not, or would not if an application were duly made, receive a payment under a prescribed educational scheme; and (ii) no other person will, or would if an application were duly made, receive, in respect of the young person, a payment under a prescribed educational scheme.
(13) For the purposes of subsection (11), a young person is not qualified to receive a payment under a prescribed educational scheme if: (a) the young person is not receiving a payment under a prescribed educational scheme; and (b) no other person is receiving, in respect of the young person, a payment under a prescribed educational scheme; and 16 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 5 (c) the Secretary is satisfied that the educational scheme rate would be less than the social security rate.
(14) For the purposes of subsection (13): (a) the educational scheme rate is the total of the amounts that would be payable to or in respect of the young person under the prescribed educational scheme; and (b) the social security rate is the Part A rate of family tax benefit for which a person would be eligible (in respect of the young person) if the young person were not a prescribed student child.
Principal carer (15) A person is the principal carer of a child if: (a) the child is a dependent child of the person; and (b) the child has not turned 16.
Note: The definition of dependent child in subsection (2) requires: (a) the adult to be legally responsible (whether alone or jointly with another person) for the day-to-day care, welfare and development of the child: subsection (16) deals with the circumstances in which a step-parent is taken to have such legal responsibility; and (b) a child to be in an adult’s care: subsection (17) deals with the circumstances in which a child is taken to remain in an adult’s care.
(16) For the purpose of determining whether a person is the principal carer of a child, the person is taken to be legally responsible (whether alone or jointly with another person) for the day-to-day care, welfare and development of the child if: (a) the person is the step-parent of the child; and (b) the person is living with the child and a parent of the child; and (c) the person and the parent are members of the same couple.
This subsection does not, by implication, affect the determination of whether a person is taken to be legally responsible (whether alone or jointly with another person) for the day-to-day care, welfare and development of a child in cases to which this subsection does not apply.
Social Security Act 1991 17 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 5 (17) For the purpose of determining whether a person is the principal carer of a child, the child is taken to remain in the person’s care if: (a) at the start of a period not exceeding 8 weeks, the child leaves the person’s care; and (b) throughout the period, the child is the dependent child of another person; and (c) the child returns, or the Secretary is satisfied that the child will return, to the first person’s care at the end of the period.
This subsection does not, by implication, affect the determination of whether a child is in the care of a person in cases to which this subsection does not apply (for example, if the period exceeds 8 weeks).

Principal carer—a child can only have one principal carer (18) Only one person at a time can be the principal carer of a particular child.
(19) If the Secretary is satisfied that, but for subsection (18), 2 or more persons (adults) would be principal carers of the same child, the Secretary must: (a) make a written determination specifying one of the adults as the principal carer of the child; and (b) give a copy of the determination to each adult.
(20) The Secretary may make the determination even if all the adults have not claimed a social security payment that is based on, or would be affected by, the adult being the principal carer of the child.
Principal carer—which member of a couple can be a principal carer (20A) Subject to subsection (20B), a person is not the principal carer of any child if: (a) the person is a member of a couple; and 18 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 5 (b) the other member of the couple is, or apart from this subsection would be, the principal carer of one or more children; and (c) the other member of the couple is receiving parenting payment, youth allowance, jobseeker payment or special benefit; and (d) the payment, allowance or benefit is based on or affected by the other member of the couple being the principal carer of a child.
(20B) If: (a) a member of a couple is receiving, or has made a claim for, a social security payment that is or would be based on or affected by the person being the principal carer of a child; and (b) the other member of the couple is receiving, or has made a claim for, a social security payment that is or would be based on or affected by the person being the principal carer of a child; and (c) apart from subsection (20C), the application of subsection (20A) would, or would if the claim or claims were granted, prevent each member of the couple from being the principal carer of any child; the Secretary must determine in writing that one of them can be a principal carer of a child.
(20C) The determination has effect accordingly, despite subsection (20A).

(20D) The Secretary must give a copy of the determination to each member of the couple.
Principal carer—child absent from Australia (21) If a child: (a) leaves Australia temporarily; and (b) continues to be absent from Australia for more than 6 weeks; Social Security Act 1991 19 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 5 a person cannot be the principal carer of the child at any time after the 6 weeks while the child remains absent from Australia unless, at that time: (c) the child is in the company of a person to whom Division 2 of Part 4.2 applies; and (d) but for this subsection, the person would be the principal carer of the child; and (e) the person’s portability period (within the meaning of that Division) for a social security payment: (i) that the person was receiving immediately before the person’s absence from Australia; or (ii) the person’s claim for which was granted during the absence; has not ended.
(22) For the purposes of subsection (21), in determining if an absence is temporary, regard must be had to the following factors: (a) the purpose of the absence; (b) the intended duration of the absence; (c) the frequency of such absences.
(23) If a child: (a) is born outside Australia; and (b) continues to be absent from Australia for a period of more than 6 weeks immediately following the child’s birth; a person cannot be the principal carer of the child at any time after the 6 weeks while the child remains absent from Australia unless, at that time: (c) the child is in the company of a person to whom Division 2 of Part 4.2 applies; and (d) but for this subsection, the person would be the principal carer of the child; and (e) the person’s portability period (within the meaning of that Division) for a social security payment: (i) that the person was receiving immediately before the person’s absence from Australia; or 20 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 5A (ii) the person’s claim for which was granted during the absence; has not ended.
(24) If: (a) a person is not the principal carer of a child because of subsection (21) (absence from Australia) or (23) (birth outside Australia), or because of a previous application of this subsection; and (b) the child comes to Australia; and (c) the child leaves Australia less than 6 weeks later; a person cannot be the principal carer of the child when the child leaves Australia as mentioned in paragraph (c).
Relationship child and relationship parent (25) If: (a) someone is a child of a person because of: (i) the definition of child in subsection (1); or (ii) paragraph (b) of the definition of child in section 1207A; or (iii) paragraph (b) of the definition of child in subsection 1209R(5); and (b) he or she is not a biological or adopted child of the person; the child is the relationship child of the person and the person is the relationship parent of the child.
5A Single person sharing accommodation (1) For the purposes of this Act, a person is to be treated as a single person sharing accommodation if the person: (a) is not a member of a couple; and (b) has no dependent children; and (c) has, in common with one or more other people, the right to use at least one major area of accommodation.
Social Security Act 1991 21 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 5A (2) A person is not to be treated as a single person sharing accommodation if the person: (a) pays, or is liable to pay, amounts for the person’s board and lodging; or (ab) is residing in exempt accommodation (see subsections (5A), (5B) and (5C)); or (b) is the recipient of a disability support pension or a carer pension; or (c) is residing in a nursing home.
(3) A person who has the exclusive right to use a bathroom, a kitchen and a bedroom is not to be treated as a single person sharing accommodation solely because the person has the right, in common with one or more other people, to use other major areas of accommodation.

(4) A person is not to be treated as a single person sharing accommodation solely because the person shares accommodation with one or more recipient children of the person.
(5) If: (a) a person lives alone in a caravan or mobile home, or on board a vessel; or (b) a person shares accommodation in a caravan, mobile home or vessel solely with one or more recipient children of the person; the person is not to be treated as a single person sharing accommodation solely because the person has the right, in common with one or more other people, to use one or more major areas of accommodation in a caravan park or marina.
(5A) A person’s accommodation is exempt accommodation if it is in premises that are, in the Secretary’s opinion, a boarding house, guest house, hostel, hotel, private hotel, rooming house, lodging house or similar premises.
(5B) In forming an opinion about a person’s accommodation for the purposes of subsection (5A), the Secretary is to have regard to the 22 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 5A characteristics of the accommodation including, in particular, whether or not the following are characteristics of the accommodation: (a) the premises are known as a boarding house, guest house, hostel, hotel, private hotel, rooming house, lodging house or similar premises; (b) a manager or administrator (other than a real estate agent) is retained to manage the premises or administer the accommodation on a daily or other frequent regular basis; (c) staff are retained by the proprietor or manager of the premises to work in the premises on a daily or other frequent regular basis; (d) the residents lack control over the day-to-day management of the premises; (e) there are house rules, imposed by the proprietor or manager, that result in residents having rights that are more limited than those normally enjoyed by a lessee of private residential accommodation (for example, rules limiting the hours of residents’ access to their accommodation or limiting residents’ access to cooking facilities in the premises); (f) the person does not have obligations to pay for his or her costs of gas, water or electricity separately from the cost of the accommodation; (g) the accommodation is not private residential accommodation, having regard to: (i) the number and nature of bedrooms in the premises; or (ii) the number of people who are not related to one another living at the premises; or (iii) the number and nature of bathrooms in the premises; (h) the person’s accommodation has not been offered to the person on a leasehold basis; (j) there is no requirement that the person pay a bond as security for either the payment of rent or the cost of any damage caused by the person, or for both; (k) the person’s accommodation is available on a daily or other short-term basis.
Social Security Act 1991 23 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 5B (5C) Each of the characteristics set out in subsection (5B) points towards the accommodation in question being exempt accommodation.

(6) In this section: major area of accommodation means any of the following, whether identifiably separate from other areas of accommodation or not: (a) a bathroom; (b) a kitchen; (c) a bedroom.
recipient child means a child who receives any of the following, but who does not receive any amount by way of rent assistance: (a) a social security payment; (c) a payment under the ABSTUDY Schooling scheme or the ABSTUDY Tertiary scheme; (d) a service pension; (da) a veteran payment; (e) a youth training allowance.
5B Registered and active foster carers (1) A person is a registered and active foster carer if the Secretary is satisfied that: (a) the person meets the requirements (if any) of the law of the State or Territory in which the person resides that the person must meet in order to be permitted, under the law of that State or Territory, to provide foster care in that State or Territory; and (b) the person is taken, in accordance with guidelines made under subsection (2), to be actively involved in providing foster care in that State or Territory.
(2) The Secretary may, by legislative instrument, make guidelines setting out the circumstances in which persons are taken, for the 24 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 5C purposes of the social security law, to be actively involved in providing foster care in that State or Territory.
5C Home educators A person is a home educator of a child if the Secretary is satisfied that: (a) the child is receiving, in the person’s home, education that wholly or substantially replaces the education that the child would otherwise receive by attending a school; and (b) the person meets the requirements (if any) of the law of the State or Territory in which the person resides that the person must meet in order to be permitted, under the law of that State or Territory, to provide that education to the child; and (c) the person is suitably involved in providing and supervising that education.
5D Distance educators A person is a distance educator of a child if the Secretary is satisfied that: (a) the child is enrolled to receive education by undertaking a distance education curriculum; and (b) the child is undertaking that curriculum; and (c) the person is suitably involved in assisting and supervising the child in relation to that curriculum.
5E Relatives (other than parents) (1) A person is a relative (other than a parent) of a child if: (a) the person is not the child’s parent or step-parent; and (b) any of the following apply to the person: (i) the person is related to the child by blood, adoption or marriage; (ii) if the child is an Aboriginal or Torres Strait Islander child who has traditional Aboriginal or Torres Strait Social Security Act 1991 25 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 5F Islander kinship ties—the person is related to the child under Aboriginal or Torres Strait Islander kinship rules; (iii) if the child is a member of a community that accepts relationships other than those referred to in subparagraphs (i) and (ii) as kinship ties—the person is accepted by the community to be related to the child.
(2) For the purposes of subparagraph (1)(b)(i), if one person is a relationship child, or a step-child, of another person, relationships traced to or through the person are to be determined on the basis that the person is related by blood to the other person.
5F Secondary pupil child A person is a secondary pupil child of another person at a time in a financial year if: (a) at the time, the person: (i) has turned 16 but has not turned 19; and (ii) has not completed the final year of secondary school or an equivalent level of education; and (iii) is undertaking secondary education or a course of study or instruction that is determined under section 5D of the Student Assistance Act 1973 to be a secondary course; and (b) the person’s income in the financial year will not be more than $6,403; and (c) at the time, the person: (i) lives with the other person; and (ii) is wholly or substantially dependent on the other person; and (d) if the person is a member of a couple, the other person is not the person’s partner; and (e) the other person is claiming or receiving any of the following at the time: (i) parenting payment; (ii) youth allowance; 26 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 5G (iii) jobseeker payment; (iv) special benefit.
Note: The amount in paragraph (b) is indexed annually in line with CPI increases (see sections 1191 to 1194).

5G Main supporter of secondary pupil child (1) If someone is a secondary pupil child of a person, the person is the main supporter of the secondary pupil child, subject to subsection (2).
(2) Subsections 5(18) to (22) (inclusive) and subsection 5(24) apply for the purposes of determining whether a person is the main supporter of a secondary pupil child in the same way as they apply for the purposes of determining whether a person is the principal carer of a child.

Note: Subsections 5(18) to (20D) (inclusive) are about identifying the one person who is the principal carer of a child.
Subsections 5(21), (22) and (24) prevent a person from being the principal carer of a child who has left Australia and has been absent from Australia for more than 6 weeks.

6 Double orphan pension definitions In this Act, unless the contrary intention appears: approved care organisation means an organisation approved by the Secretary under subsection 35(1).

double orphan means a young person who is a double orphan in accordance with section 993 or 994.
6A Concession card definitions (1) In this Act, unless the contrary intention appears: automatic issue card means: (a) a pensioner concession card; or (b) an automatic issue health care card.

Social Security Act 1991 27 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 6A automatic issue health care card means a health care card issued to a person qualified for the card under Subdivision A of Division 3 of Part 2A.1.
concession card means: (a) a pensioner concession card; or (b) a health care card; or (c) a seniors health card.

dependant, in relation to a person who is the holder of a pensioner concession card or an automatic issue health care card (other than a health care card for which the person is qualified under subsection 1061ZK(4)), means a person who is: (a) the partner; or (b) a dependent child; of the holder of the card.
dependant, in relation to a person who is the holder of a health care card for which the person is qualified under subsection 1061ZK(4) or Subdivision B of Division 3 of Part 2A.1, means a person who is: (a) the partner; or (b) an FTB child; or (c) a regular care child; of the holder of the card.
dependant, in relation to a person, other than a child in foster care, who has made a claim for a health care card (the claimant), means a person who is: (a) the partner; or (b) an FTB child; or (c) a regular care child; of the claimant.
income-tested: a health care card is income-tested for a person if the person is required by paragraph 1061ZO(2)(d), (3)(e) or (4)(d) 28 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 7 to satisfy the health care card income test in order to qualify for the health care card.
(2) For the purposes of the operation of a definition of dependant in subsection (1) in relation to a provision of Part 2A.1, a person (the child) is an FTB child, or a regular care child, of another person (the adult) if: (a) the child is an FTB child, or a regular care child, (as the case requires) of the adult within the meaning of the Family Assistance Act; and (b) either: (i) the child is under 16 years of age; or (ii) the child is 16, but not yet 19, years of age and is undertaking secondary studies.
7 Australian residence definitions (1) In this Act, unless the contrary intention appears: Australian resident has the meaning given by subsection (2).

former refugee means a person who was a refugee but does not include a person who ceased to be a refugee because his or her visa or entry permit (as the case may be) was cancelled.
holder, in relation to a visa, has the same meaning as in the Migration Act 1958. new PRC (temporary) entry permit means an entry permit within class 437 of Division 2.6—Group 2.6 in Part 2 of Schedule 1 to the Migration (1993) Regulations as in force before 1 September 1994. old PRC (temporary) entry permit means a PRC (temporary) entry permit within the meaning of the Migration (1989) Regulations as in force before 1 February 1993. permanent visa, special category visa and visa have the same meaning as in the Migration Act 1958.
Social Security Act 1991 29 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 7 protected SCV holder has the meaning given by subsections (2A), (2B), (2C) and (2D).

qualifying Australian residence has the meaning given by subsection (5).

qualifying residence exemption has the meaning given in subsections (6) and (6AA).
(2) An Australian resident is a person who: (a) resides in Australia; and (b) is one of the following: (i) an Australian citizen; (ii) the holder of a permanent visa; (iii) a special category visa holder who is a protected SCV holder.

Note: For holder and permanent visa see subsection (1).
(2A) A person is a protected SCV holder if: (a) the person was in Australia on 26 February 2001, and was a special category visa holder on that day; or (b) the person had been in Australia for a period of, or for periods totalling, 12 months during the period of 2 years immediately before 26 February 2001, and returned to Australia after that day.
(2B) A person is a protected SCV holder if the person: (a) was residing in Australia on 26 February 2001; and (b) was temporarily absent from Australia on 26 February 2001; and (c) was a special category visa holder immediately before the beginning of the temporary absence; and (d) was receiving a social security payment on 26 February 2001; and (e) returned to Australia before the later of the following: (i) the end of the period of 26 weeks beginning on 26 February 2001; 30 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 7 (ii) if the Secretary extended the person’s portability period for the payment under section 1218C—the end of the extended period.
(2C) A person who commenced, or recommenced, residing in Australia during the period of 3 months beginning on 26 February 2001 is a protected SCV holder at a particular time if: (a) the time is during the period of 3 years beginning on 26 February 2001; or (b) the time is after the end of that period, and either: (i) a determination under subsection (2E) is in force in respect of the person; or (ii) the person claimed a payment under the social security law during that period, and the claim was granted on the basis that the person was a protected SCV holder.
(2D) A person who, on 26 February 2001: (a) was residing in Australia; and (b) was temporarily absent from Australia; and (c) was not receiving a social security payment; is a protected SCV holder at a particular time if: (d) the time is during the period of 12 months beginning on 26 February 2001; or (e) the time is after the end of that period, and either: (i) at that time, a determination under subsection (2E) is in force in respect of the person; or (ii) the person claimed a payment under the social security law during that period, and the claim was granted on the basis that the person was a protected SCV holder.
(2E) A person who is residing in Australia and is in Australia may apply to the Secretary for a determination under this subsection stating that: (a) the person was residing in Australia on 26 February 2001, but was temporarily absent from Australia on that day; or Social Security Act 1991 31 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 7 (b) the person commenced, or recommenced, residing in Australia during the period of 3 months beginning on 26 February 2001.
(2F) If a person makes an application under subsection (2E), the Secretary must make the determination if: (a) the Secretary is satisfied that paragraph (2E)(a) or (2E)(b) applies to the person; and (b) the application was made within whichever of the following periods is applicable: (i) if paragraph (2E)(a) applies to the person—the period of 12 months beginning on 26 February 2001; (ii) if paragraph (2E)(b) applies to the person—the period of 3 years beginning on 26 February 2001.
The Secretary must give a copy of the determination to the person.

(2G) The Secretary must make a determination under this subsection in respect of a person if the person is a protected SCV holder because of subsection (2B).
If the Secretary is required to make such a determination: (a) the determination must state that the person was residing in Australia on 26 February 2001, but was temporarily absent from Australia on that day; and (b) the determination must be made within the period of 6 months of the person’s return to Australia; and (c) a copy of the determination must be given to the person.
(3) In deciding for the purposes of this Act whether or not a person is residing in Australia, regard must be had to: (a) the nature of the accommodation used by the person in Australia; and (b) the nature and extent of the family relationships the person has in Australia; and (c) the nature and extent of the person’s employment, business or financial ties with Australia; and (d) the nature and extent of the person’s assets located in Australia; and 32 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 7 (e) the frequency and duration of the person’s travel outside Australia; and (f) any other matter relevant to determining whether the person intends to remain permanently in Australia.
(3A) For the purposes of determining, under subsections (2A) to (2D), whether a person is a protected SCV holder, Australia is taken, at all relevant times, to have included Norfolk Island.

(4) For the purposes of: (a) Part 2.2 (age pension); and (b) Part 2.3 (disability support pension); residence of a claimant in an external Territory is taken to be residence in Australia.
(4AA) Whether residence in a particular place is residence in an external territory for the purposes of subsection (4) is to be determined as at the time of residence.
(4B) For the purposes of a newly arrived resident’s waiting period, the day on which a permanent visa is granted to a person or a person becomes the holder of a permanent visa is: (a) if an initial decision maker decides to grant a visa to the person—that day; or (b) if: (i) an initial decision maker decides not to grant a visa to the person; and (ii) on a review of the decision referred to in subparagraph (i), that decision is set aside (however described) and a visa is granted to the person; the day on which the initial decision maker decided not to grant the visa to the person.
(5) A person has 10 years qualifying Australian residence if and only if: (a) the person has, at any time, been an Australian resident for a continuous period of not less than 10 years; or Social Security Act 1991 33 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 7 (b) the person has been an Australian resident during more than one period and: (i) at least one of those periods is 5 years or more; and (ii) the aggregate of those periods exceeds 10 years.
(6) A person has a qualifying residence exemption for a social security pension (other than carer payment) or a social security benefit (other than youth allowance, austudy payment, jobseeker payment, special benefit or partner allowance) if, and only if, the person: (a) resides in Australia; and (b) is either: (i) a refugee; or (ii) a former refugee.
(6AA) A person also has a qualifying residence exemption for a social security benefit (other than a special benefit), a pension PP (single), carer payment, carer allowance, a mobility allowance, a seniors health card or a health care card if, and only if, the person: (b) except in relation to pension PP (single), benefit PP (partnered), youth allowance, austudy payment, jobseeker payment, partner allowance, carer payment, carer allowance, mobility allowance, a seniors health card or a health care card—was a family member of a refugee, or former refugee, at the time the refugee or former refugee arrived in Australia; or (f) in any case—holds or was the former holder of a visa that is in a class of visas determined, by legislative instrument, by the Minister for the purposes of this paragraph.
(6B) A person is a refugee for the purposes of this section if the person: (a) is taken, under the Migration Reform (Transitional Provisions) Regulations, to be the holder of a transitional (permanent) visa because the person was, immediately before 1 September 1994, the holder of: (i) a visa or entry permit that fell within Division 1.3— Group 1.3 (Permanent resident (refugee and 34 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 7 humanitarian) (offshore)) in Part 1 of Schedule 1 to the Migration (1993) Regulations as then in force; or (ii) a visa or entry permit that fell within Division 1.5— Group 1.5 (Permanent resident (refugee and humanitarian) (on-shore)) in Part 1 of Schedule 1 to the Migration (1993) Regulations as then in force; or (b) was, immediately before 1 February 1993, the holder of a visa or entry permit of a class prescribed under the Migration Regulations as then in force that corresponds to a visa or entry permit referred to in subparagraph (a)(i) or (ii); or (c) is the holder of: (i) a permanent protection visa; or (ii) a permanent visa of a class referred to in the Table at the end of this subsection; or (iii) a permanent visa of a class referred to in a declaration of the Minister under section 25 that is in force.
Table—Classes of permanent visas giving refugee status and qualifying residence exemption Class description Item No.

Relevant item in Schedule 1 to Migration Regulations 1.

2.

3.

4.

5.

6.
Burmese in Burma (Special Assistance) (Class AB) Burmese in Thailand (Special Assistance) (Class AC) Cambodian (Special Assistance) (Class AE) Camp Clearance (Migrant) (Class AF) Citizens of the Former Yugoslavia (Special Assistance) (Class AI) East Timorese in Portugal, Macau and Mozambique (Special Assistance) (Class AM) 1102 1103 1105 1106 1109 1113 Social Security Act 1991 35 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 7 Table—Classes of permanent visas giving refugee status and qualifying residence exemption Class description Item No.
Relevant item in Schedule 1 to Migration Regulations 7.

8.

8A 9.

10.
Minorities of Former USSR (Special Assistance) (Class AV) Refugee and Humanitarian (Migrant) (Class BA) Sri Lankan (Special Assistance) (Class BF) Sudanese (Special Assistance) (Class BD) Territorial Asylum (Residence) (Class BE) 1122 1127 1129A 1130 1131 (6D) For the purposes of subsection (6AA): family member, in relation to a person, means: (a) a partner of the person; or (b) a dependent child of the person; or (c) another person who, in the opinion of the Secretary, should be treated for the purposes of this definition as a person described in paragraph (a) or (b).
(6E) The Minister may, by legislative instrument: (a) set guidelines for the exercise of the Secretary’s power under paragraph (6D)(c); and (b) revoke or vary those guidelines.
(7) For the purposes of subparagraphs 540(d)(ii)540(1)(d)(ii), 540BA(f)(ii) and 593(1)(g)(ii), (1D)(b)(ii) and (5)(e)(ii) and paragraph 666(1)(g), a person is exempt from the residence requirement in respect of a period if: (a) throughout the period, the person was the holder of a special category visa; and 36 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 8 (b) immediately before the period commenced, the person had been residing in Australia for a continuous period of at least 10 years, being a period commencing on or after 26 February 2001; unless the person’s exemption from the residence requirement in respect of the period would result in the person: (c) receiving jobseeker payment or youth allowance for a continuous period of more than 6 months because of this subsection; or (d) receiving jobseeker payment or youth allowance for more than one non-continuous period because of this subsection; or (e) receiving more than one of that payment and that allowance because of this subsection.
8 Income test definitions (1) In this Act, unless the contrary intention appears: approved exchange trading system has the meaning given by subsection (10).

approved scholarship means a scholarship in relation to which a determination under section 24A is in force.

available money, in relation to a person, means money that: (a) is held by or on behalf of the person; and (b) is not deposit money of the person; and (c) is not the subject of a loan made by the person.
dad and partner pay means dad and partner pay under the Paid Parental Leave Act 2010. deposit money, in relation to a person, means the person’s money that is deposited in an account with a financial institution.

disposes of ordinary income has the meaning given by sections 1106 to 1111. domestic payment has the meaning given by subsection (3).
Social Security Act 1991 37 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 8 earned, derived or received has the meaning given by subsection (2).

employment income, in relation to a person, means ordinary income of the person that comprises employment income under subsection (1A) and includes ordinary income that is characterised as employment income of the person because of the operation of subsection (1B).
exchange trading system has the meaning given by subsection (9).

exempt lump sum has the meaning given by subsection (11).

home equity conversion agreement, in relation to a person, means an agreement under which the repayment of an amount paid to or on behalf of the person, or the person’s partner, is secured by a mortgage of the principal home of the person or the person’s partner.

Note: See also subsection (7).


income, in relation to a person, means: (a) an income amount earned, derived or received by the person for the person’s own use or benefit; or (b) a periodical payment by way of gift or allowance; or (c) a periodical benefit by way of gift or allowance; but does not include an amount that is excluded under subsection (4), (5) or (8).
Note 1: See also sections 1074 and 1075 (business income), Division 1B of Part 3.10 (income from financial assets (including income streams (short term) and certain income streams (long term)), Division 1C of Part 3.10 (income from income streams not covered by Division 1B of Part 3.10), section 1099F (exempt bond amount does not count as income) and section 1099K (refunded amount does not count as income).
Note 2: Where a person or a person’s partner has disposed of income, the person’s income may be taken to include the amount which has been disposed of—see sections 1106-1112.

Note 3: Income is equivalent to ordinary income plus maintenance income.
38 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 8 income amount means: (a) valuable consideration; or (b) personal earnings; or (c) moneys; or (d) profits; (whether of a capital nature or not).
income from personal exertion means an income amount that is earned, derived or received by a person by way of payment for personal exertion by the person but does not include an income amount received as compensation for the person’s inability to earn, derive or receive income through personal exertion.

instalment of parental leave pay means an instalment of parental leave pay under the Paid Parental Leave Act 2010. ordinary income means income that is not maintenance income or an exempt lump sum.
Note 1: For maintenance income see section 10.

Note 2: Note 3: Amounts received as a series of periodic compensation payments may result in reduction of the person’s rate of social security pension or benefit under Part 3.14: if this happens the amounts are not counted as ordinary income (see section 1176).
For provisions affecting the amount of a person’s ordinary income see Division 1 of Part 3.10 (ordinary income concept and treatment of certain income amounts), sections 1074 and 1075 (business income), Division 1B of Part 3.10 (income from financial assets (including income streams (short term) and certain income streams (long term)) and Division 1C of Part 3.10 (income from income streams not covered by Division 1B of Part 3.10).
student income bank means the student income bank set out: (a) in Module J of the Youth Allowance Rate Calculator; or (b) in Module E of the Austudy Payment Rate Calculator.

working credit participant means a person who is a working credit participant within the meaning of section 1073D.
Social Security Act 1991 39 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 8 (1A) A reference in this Act to employment income, in relation to a person, is a reference to ordinary income of the person: (a) that is for remunerative work of the person as an employee in an employer/employee relationship; and (b) that includes, but is not limited to: (i) salary, wages, commissions and employment-related fringe benefits; and (ii) if the person is engaged on a continuing basis in that employer/employee relationship—a leave payment to the person; but does not include: (c) a superannuation payment to the person; or (d) a payment of compensation, or a payment to the person under an insurance scheme, in relation to the person’s inability to earn, derive or receive income from that remunerative work; or (e) if the person is not engaged on a continuing basis in that employer/employee relationship—a leave payment to the person; or (f) a payment to the person by a former employer of the person in relation to the termination of the person’s employment; or (g) a comparable foreign payment; or (h) an instalment of parental leave pay; or (i) dad and partner pay.
(1B) For the avoidance of doubt, if: (a) a person is treated, for the purposes of working out the person’s ordinary income, as having ordinary income of the person’s partner; and (b) that ordinary income would be characterised as employment income in the hands of the partner if the partner were not a member of a couple; then, for the purposes of this Act, that ordinary income is to be similarly characterised in the hands of the person.
(1C) For the purposes of subsection (1A), a leave payment: 40 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 8 (a) includes a payment in respect of personal/carer’s leave, annual leave, maternity leave or long service leave; and (b) may be made as a lump sum payment, a payment that is one of a series of regular payments or otherwise; and (c) is taken to be made to the person if it is made to another person: (i) at the direction of the first-mentioned person or of a court; or (ii) on behalf of the first-mentioned person; or (iii) for the benefit of the first-mentioned person; or (iv) if the first-mentioned person waives or assigns his or her right to the payment.
Earned, derived or received (2) A reference in this Act to an income amount earned, derived or received is a reference to: (a) an income amount earned, derived or received by any means; and (b) an income amount earned, derived or received from any source (whether within or outside Australia).
Domestic payments (3) A payment received by a person is a domestic payment for the purposes of this Act if: (a) the person receives the payment on the disposal of an asset of the person; and (b) the asset was used, immediately before the disposal, by the person or the person’s partner for private or domestic purposes; and (c) the asset was used by the person or the person’s partner for those purposes for: (i) a period of 12 months before the disposal; or (ii) if the Secretary considers it appropriate—a period of less than 12 months before the disposal.
Social Security Act 1991 41 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 8 Excluded amounts—home equity conversion (not member of a couple) (4) If a person is not a member of a couple, an amount paid to or on behalf of the person under a home equity conversion agreement is an excluded amount for the person to the extent that the total amount owed by the person from time to time under home equity conversion agreements does not exceed $40,000.
Excluded amounts—home equity conversion (member of a couple) (5) If a person is a member of a couple, an amount paid to or on behalf of the person or the person’s partner under a home equity conversion agreement is an excluded amount for the person to the extent that the total amount owed by the person and the person’s partner under home equity conversion agreements from time to time does not exceed $40,000.
Home equity conversion (amount owed) (6) For the purposes of this Act, the amount owed by a person under a home equity conversion agreement is the principal amount secured by the mortgage concerned and does not include: (a) any amount representing mortgage fees; or (b) any amount representing interest; or (c) any similar liability whose repayment is also secured by the mortgage.
Home equity conversion (principal home) (7) For the purposes of the definition of home equity conversion agreement in subsection (1), an asset cannot be a person’s principal home unless the person or the person’s partner has a beneficial interest (but not necessarily the sole beneficial interest) in the asset.
Excluded amounts—general (8) The following amounts are not income for the purposes of this Act: 42 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 8 (a) a payment under this Act; (b) any return on a person’s investment in: (i) a superannuation fund; or (ii) an approved deposit fund; or (iv) an ATO small superannuation account; until the person: (v) reaches pension age; or (vi) starts to receive a pension or annuity out of the fund; (c) the value of emergency relief or like assistance; (e) a payment under the Handicapped Persons Assistance Act 1974; (f) a payment under Part III of the Disability Services Act 1986 or the value of any rehabilitation program (including any follow-up program) provided under that Part; (g) a payment of domiciliary nursing care benefit under Part VB of the National Health Act 1953 as in force immediately before 1 July 1999; (h) a payment under a law of the Commonwealth, being a law having an object of assisting persons to purchase or build their own homes; (ha) a payment made by a State or Territory for the purpose of assisting the person to purchase or build his or her own home; (j) a payment made to the person for or in respect of a dependent child of the person; (jaa) a payment of family assistance, or of one-off payment to families, economic security strategy payment to families, back to school bonus, single income family bonus, clean energy advance, ETR payment, first
 2020 economic support payment, second 2020 economic support payment, additional economic support payment 2020 or additional economic support payment 2021, under the Family Assistance Act; (jab) a payment under the scheme determined under Schedule 3 to the Family Assistance Legislation Amendment (More Help for Families—One-off Payments) Act 2004; Social Security Act 1991 43 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 8
 (jaba) a payment under the scheme determined under Part 2 of Schedule 1 to the Family Assistance and Other Legislation Amendment (Schoolkids Bonus Budget Measures) Act 2012; (jac) a payment under the scheme determined under Schedule 2 to the Social Security Legislation Amendment (One-off Payments for Carers) Act 2005; (jad) a payment under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One-off Payments to Increase Assistance for Older Australians and Carers and Other Measures) Act 2006; (jae) a payment under the scheme determined under Schedule 4 to the Social Security and Veterans’ Affairs Legislation Amendment (One-off Payments and Other 2007 Budget Measures) Act 2007; (jaf) a payment under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One-off Payments and Other Budget Measures) Act 2008; (jag) an NDIS amount; (jah) any return on a person’s NDIS amounts that the person earns, derives or receives; (jai) a payment of a bursary under the program established by the Commonwealth and known as the Young Carer Bursary Programme; (ja) disability expenses maintenance; (jb) a payment under the Business Services Wage Assessment Tool Payment Scheme Act 2015; (jc) a payment under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018; (k) insurance or compensation payments made by reason of the loss of, or damage to, buildings,
 plant or personal effects; (ka) where: (i) the person owes money under a mortgage or other arrangement; and 44 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 8 (ii) the person has insurance which requires the insurer to make payments to the creditor when the person is unemployed or ill or in other specified circumstances; and (iii) payments are made to the creditor under the insurance; a payment so
 made; (m) money from an investment that is: (i) an investment of payments of the kind referred to in paragraph (k); and (ii) an investment for: (A) a period of not more than 12 months after the person receives the payments; or (B) if the Secretary thinks it appropriate—of 12 months or more after the person receives those payments; (ma) money from an exempt funeral investment; Note: For exempt funeral investment see section 19E.
(n) an amount paid, under a law of, or applying in, a country or part of a country, by way of compensation for a victim of National Socialist persecution; (q) in the case of a person who pays or who is liable to pay rent, a payment by way of rent subsidy made by the Commonwealth, by a State or Territory or by an authority of the Commonwealth or of a State or Territory to or on behalf of the person who pays or who is liable to pay rent; (r) a payment received by a trainee in full-time training under a program included in the programs known as Labour Market Programs, to the extent that the payment includes one or more of the following amounts: (i) an amount calculated by reference to a rate of jobseeker payment; (ii) an amount known as the training component; (iii) an amount by way of a living away from home allowance; Social Security Act 1991 45 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 8 (s) in the case of a person who is receiving a social security pension, a social security benefit, a service pension, income support supplement or a veteran payment and is in part-time training, or engaged in part-time work experience, under a program included in the programs known as Labour Market Programs—a payment received by the person under that program in respect of the person’s expenses associated with his or her participation in the training or work experience; (t) a payment received by the person under the scheme known as the New Enterprise Incentive Scheme; (ta) a payment made by the Commonwealth known as the Apprenticeship Wage Top-Up to the person; (tb) a payment to the person made by the Commonwealth under the program known as Skills for Sustainability for Australian Apprentices; (tc) a payment to the person made by the Commonwealth under the program known as Tools for Your Trade (within the program known as the Australian Apprenticeships Incentives Program); (td) a payment made by the Commonwealth, under the program
 established by the Commonwealth and known as “Youth Jobs PaTH”, to an individual placed in an internship under that program; (u) a benefit under a law of the Commonwealth that relates to the provision of: (i) pharmaceutical, sickness or hospital benefits; or (ii) medical or dental services; (v) a payment (other than a periodical payment or a payment representing an accumulation of instalments) made for or in respect of expenses incurred by a person for hospital, medical, dental or similar treatment; (va) a payment made by the Mark Fitzpatrick Trust to a person by way of assistance with expenses incurred in relation to a person who has medically acquired HIV infection; (vb) a payment made by the New South Wales Medically-Acquired HIV Trust to a person by way of 46 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 8 financial assistance with expenses incurred in relation to a person who has medically acquired HIV infection; (vc) a payment by the Thalidomide Australia Fixed Trust: (i) made to, or applied for the benefit of, a beneficiary of the Trust; or (ii) made to a person in respect of a beneficiary of the Trust; (w) in the case of a member of: (i) the Naval Reserve; or (ii) the Army Reserve; or (iii) the Air Force Reserve; the pay and allowances paid to the person as such a member (other than pay and allowances in respect of continuous full-time service); (y)
 a payment by way of: (i) service pension, income support supplement or veteran payment; or (ii) attendant allowance under section 98 of the Veterans’ Entitlements Act; or (iii) recreation allowance under section 104 of that Act; or (iv) an allowance for the running and maintenance of a motor vehicle under the Vehicle Assistance Scheme referred to in section 105 of that Act; or (v) decoration allowance under section 102 of that Act; or (vi) Victoria Cross allowance under section 103 of that Act; or (via) a
 payment, by a foreign country, of an allowance or annuity that is of a similar kind to decoration allowance payable under section 102 of that Act or to Victoria Cross allowance payable under section 103 of that Act; or (vii) clothing allowance under section 97 of that Act; or (viiaaa) prisoner of war recognition supplement under Part VIB of that Act; or (viiaa) a payment known as a student start-up scholarship payment, or a relocation scholarship payment, under the Social Security Act 1991 47 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 8 scheme referred to in section 117 of the Veterans’ Entitlements Act; or (viiab) a payment known as a student start-up scholarship payment, or a relocation scholarship payment, under the scheme referred to in section 258 of the Military Rehabilitation and Compensation Act; or (viia) veterans supplement under Part VIIA of the Veterans’ Entitlements Act; or (viib) energy supplement under Part VIIAD of that Act; or (viii) a bereavement payment under Part IIIB, or section 98A of that Act; or (ix) a funeral benefit under Part VI of that Act; or (x) a payment under Part VIIAB (DFISA) of that Act (including a payment made under regulations made under that Part); (ya) a payment made by the Commonwealth and known as the one-off payment to the aged; or (yc) a payment under a scheme determined under Schedule 2 to the Social Security and Veterans’ Entitlements
 Legislation Amendment (One-off Payments to Increase Assistance for Older Australians and Carers and Other Measures) Act 2006; (ye) a payment under a scheme determined under Schedule 2 to the Social Security and Veterans’ Affairs Legislation Amendment (One-off Payments and Other 2007 Budget Measures) Act 2007; (yg) a payment under a scheme determined under Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One-off Payments and Other Budget Measures) Act 2008; (yha) a clean
 energy payment under the Veterans’ Entitlements Act; (yi) a payment under the scheme determined under Schedule 4 to the Social Security and Other Legislation Amendment (Economic Security Strategy) Act 2008; 48 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 8 (yj) a payment under the scheme determined under Schedule 4 to the Household Stimulus Package Act (No.
2) 2009; (yk) a one-off energy assistance payment under Part IIIF of the Veterans’ Entitlements Act; (yl) a one-off energy assistance payment under Part IIIG of the Veterans’ Entitlements Act; (ym) a first 2020 economic support payment under Division 1 of Part IIIH of the Veterans’ Entitlements Act; (yn) a second 2020 economic support payment under Division 2 of Part IIIH of the Veterans’ Entitlements Act; (yo) an additional economic support payment 2020 under Division 1 of Part IIIJ of the Veterans’ Entitlements Act; (yp) an additional economic support payment 2021 under Division 2 of Part IIIJ of the Veterans’ Entitlements Act; (z) a periodical payment by way of gift or allowance, or a periodical benefit by way of gift or allowance, from a parent, child, brother or sister of the person; (za) the value of board or lodging received by the person; (zaa) an amount received under the scheme known as the Western Australian Cost of Living Rebate Scheme; (zab) the value of a benefit obtained by using a card known as the Western Australian Country Age Pension Fuel Card; (zac) a payment, known as the Cost of Living Concession, made by the Government of South Australia; (zb) a domestic payment; (zc) so much of a payment received by the person as is, in accordance with an agreement between the Commonwealth and a foreign country, applied in reduction of the amount of social security payment that would otherwise be payable to the person under this Act; (zd) a payment made to the person by the Government of New Zealand,
 being a payment known as: (i) accommodation benefit; or (ii) disability allowance; or (iii) home help payment; or Social Security Act 1991 49 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 8 (iv) special benefit; or (v) training incentive allowance; (ze) a payment made to the person by the Government of the United Kingdom, being a payment known as: (i) clothing allowance; or (ii) constant attendance allowance; or (iii)
 decoration allowance; or (iv) mobility supplement; (zf) a payment under the ABSTUDY Scheme; (zfa) a payment of financial supplement made to the person under a Student Financial Supplement Scheme; (zg) a payment received by the person for serving, or being summoned to serve, on a jury; (zh) a payment received by the person for expenses as a witness, other than an expert witness, before a court, tribunal or commission; (zi) a payment towards the cost of personal care support services for the person, being a payment made under a scheme approved under section 35A; (zia) the amount or value of a scholarship known as a Commonwealth Trade Learning Scholarship; (zj) a payment of an approved scholarship awarded on or after 1 September 1990; Note: For approved scholarship see subsection 8(1).
(zja) the amount or value of: (ia) a scholarship provided for under Part 2-2A of the Higher Education Support Act 2003 (Indigenous student assistance grants) and specified by the Secretary under subsection (8AAA) of this section.
(i) a scholarship known as a Commonwealth Education Costs Scholarship; or (ii) a scholarship known as a Commonwealth Accommodation Scholarship; (zjb) an amount covered by subsection (8B) (about reductions of amounts payable for enrolment or tuition in certain courses); 50 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 8 (zjc) a payment covered by subsection (8C) (about payments that are made to an educational institution or the Commonwealth to reduce a person’s liability to the educational institution or Commonwealth and that are made by someone other than the person); (zjd) a payment of a scholarship to a person during a calendar year (other than an excluded payment): (i) for the person to study, or to undertake research, at an educational institution; or (ii) for the person’s achievement in studying, or in undertaking research, at an educational institution; to the extent that the payment does not exceed the person’s threshold amount for that year; Note: For excluded payment see subsection (8AA).
For educational institution see subsection 23(1).

For threshold amount see subsection (8AB).

(zk) an amount paid by a buyer under a sale leaseback agreement; (zl) if a person is a member of an approved exchange trading system—an amount credited to the person’s account for the purposes of the scheme in respect of any goods or services provided by the person to another member.

Note: For approved exchange trading system see subsections (9) and (10).
(zm) if a person: (i) is a member of a couple; and (ii) is receiving a social security benefit; a payment received by the person either directly or indirectly from his or her partner.

(zn) while a person is accruing a liability to pay an accommodation charge—any rent from the person’s principal home that the person, or the person’s partner, earns, derives or receives from another person; Note 1: For rent, see subsection 13(2).
Note 2: Under subsections 11A(8) and (9), the principal home of a person in a care situation may be a place other than the place where the person receives care.
Social Security Act 1991 51 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 8 Note 3: See subsections (10A) and (10B) for the circumstances in which this paragraph does not apply in relation to a person who enters a residential care service or a flexible care service on or after the commencement of those subsections.
(zna) while a person is liable to pay all or some of an accommodation bond by periodic payments—any rent from the person’s principal home that the person, or the person’s partner, earns, derives or receives from another person; Note 1: For rent, see subsection 13(2).

Note 2: Under subsections 11A(8) and (9), the principal home of a person in a care situation may be a place other than the place where the person receives care.
Note 3: See subsections (10A) and (10B) for the circumstances in which this paragraph does not apply in relation to a person who enters a residential care service or a flexible care service on or after the commencement of those subsections.
(znaa) while a person is liable to pay all or some of a daily accommodation payment or a daily accommodation contribution—any rent from the person’s principal home that the person, or the person’s partner, earns, derives or receives from another person; Note 1: For rent, see subsection 13(2).

Note 2: Under subsections 11A(8) and (9), the principal home of a person in a care situation may be a place other than the place where the person receives care.
Note 3: See subsections (10A) and (10B) for the circumstances in which this paragraph does not apply in relation to a person who enters a residential care service or a flexible care service on or after the commencement of those subsections.
(znb) a clean energy payment under the Military Rehabilitation and Compensation Act; (zo) a payment under section 47, 56, 81, 205, 214, 217, 226, 239 or 266 of the Military Rehabilitation and Compensation Act to reimburse costs incurred in respect of the provision of goods or services (other than a payment to the person who provided the goods or service); (zp) if subsection 204(5) of the Military Rehabilitation and Compensation Act applies to a person—an amount per fortnight, worked out under subsection (12) of this section, 52 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 8 that would, apart from this paragraph, be income of the person; Note: Subsection 204(5) of the Military Rehabilitation and Compensation Act reduces a Special Rate Disability Pension by reference to amounts of Commonwealth superannuation that the person has received or is receiving.
(zq) a payment under the Motor Vehicle Compensation Scheme under section 212 of the Military Rehabilitation and Compensation Act; (zr) a payment under section 242 of the Military Rehabilitation and Compensation Act (continuing permanent impairment and incapacity etc.
payments); (zs) the value of the benefit provided under the initiative known as the Tools for Your Trade initiative; (zt) a cash flow boost (within the meaning of the Boosting Cash Flow for Employers (Coronavirus Economic Response Package) Act 2020); (zu) a payment: (i) paid in accordance with rules made under the Coronavirus Economic Response Package (Payments and Benefits) Act 2020; and (ii) stated, in those rules, not to be income in relation to the person for the purposes of this Act;.
(zv) a payment made by the Commonwealth to an individual under a program that is established by the Commonwealth and is determined in an instrument under subsection (8AC) to be an employment program; (zw) a payment made by a State or Territory to an individual under a program that is established by the State or Territory and is determined in an instrument under subsection (8AC) to be an employment program.
(8AAA) The Secretary may, by legislative instrument, specify a scholarship for the purposes of subparagraph (8)(zja)(ia).
Social Security Act 1991 53 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 8 (8AA) For the purposes of paragraph (8)(zjd), each of the following is an excluded payment: (a) a payment of a scholarship referred to in paragraph (8)(zia), (zj) or (zja); (b) a scholarship payment under Part 2.11B; (c) a scholarship payment under the ABSTUDY Scheme; (d) a payment known as a student start-up scholarship payment, or a relocation scholarship payment, under the scheme referred to in section 117 of the Veterans’ Entitlements Act; (e) a payment known as a student start-up scholarship payment, or a relocation scholarship payment, under the scheme referred to in section 258 of the Military Rehabilitation and Compensation Act.
(8AB) For the purposes of paragraph (8)(zjd), a person’s threshold amount, for a calendar year, means $6,762 less the amount of any payment made to that person during that year that is not income for the purposes of this Act because of that paragraph.

Note: The dollar amount mentioned in this subsection is indexed annually in line with CPI increases (see sections 1190 to 1194).

Example: On 15 April 2010 a person is paid a scholarship of $3,000 to study at an educational institution.
The threshold amount is $6,762 (as no other payment has been excluded under paragraph (8)(zjd) for 2010).

The $3,000 is not income under that paragraph and the threshold amount is reduced to $3,762.

On 1 May 2010 the person is paid a scholarship of $5,000 to study at an educational institution.

Of the $5,000, $3,762 is not income under that paragraph.

The threshold amount is reduced to zero.

There can be no further payments excluded under that paragraph for that person for 2010.
(8AC) The Employment Secretary may, by notifiable instrument, determine programs to be employment programs for the purposes of paragraph (8)(zv) or (zw).
(8A) For the purposes of the operation of section 5 in determining whether a person is: (a) a student child; or 54 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 8 (b) a dependent child of another person; this section has effect as if paragraph (8)(zf) were not included.
(8B) This subsection covers the amount of a reduction (by discount, remission or waiver) of an amount that would otherwise be payable by a person: (a) to an educational institution for enrolment or tuition of the person by the institution in a course that: (i) is determined, under section 5D of the Student Assistance Act 1973, to be a secondary course or a tertiary course for the purposes of that Act; or (ii) is a Masters or Doctoral degree course accredited as a higher education course by the authority responsible for accrediting higher education courses in the State or Territory in which the course is conducted or by the institution, if it is permitted by a law of the Commonwealth, a State or a Territory to accredit higher education courses that it conducts; or (iii) is a course of vocational training; or (b) to the Commonwealth as a result of the person’s enrolment in, or undertaking of, such a course at an educational institution.
(8C) This subsection covers a payment: (a) that is made to discharge, or to prevent from arising, to any extent: (i) a person’s actual or anticipated liability to an educational institution for enrolment or tuition of the person by the institution in a course described in paragraph (8B)(a); or (ii) a person’s actual or anticipated liability to the Commonwealth resulting from the person’s enrolment in, or undertaking of, such a course at an educational institution; and (b) that is made by someone other than the person; and (c) that is made to the institution or the Commonwealth; and (d) that is not made at the direction of the person.
Social Security Act 1991 55 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 8 (9) An exchange trading system is an arrangement between a number of persons (members) under which each member may obtain goods or services from another member for consideration that is wholly or partly in kind rather than in cash.
Each member has, for the purposes of the arrangement, an account: (a) to which is credited: (i) the amount representing the value of any goods or services provided by the member to another member; or (ii) if the goods or services were partly paid for in cash— the amount referred to in subparagraph (i) less the amount so paid in cash; and (b) to which is debited: (i) the amount representing the value of any goods or services supplied to the member by another member; or (ii) if the goods or services were partly paid for in cash— the amount referred to in subparagraph (i) less the amount so paid in cash.
(10) An exchange trading system is an approved exchange trading system if the Secretary is satisfied that: (a) it is a local community-based system; and (b) its primary purpose is to help persons maintain their labour skills and keep them in touch with the labour market; and (c) it is not a system run by a person or organisation for profit.
(10A) Paragraphs (8)(zn), (zna) and (znaa) do not apply in relation to a person who first enters a residential care service or a flexible care service on or after the commencement of this subsection.
(10B) Paragraphs (8)(zn), (zna) and (znaa) do not apply, and never again apply, in relation to a person if: (a) the person enters a residential care service or a flexible care service on or after the commencement of this subsection; and (b) that entry occurs more than 28 days after the day the person last ceased being provided with residential care or flexible care through a residential care service or a flexible care service (other than because the person was on leave).
56 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 8 (10C) An expression used in subsection (10A) or (10B) and in the Aged Care Act 1997 has the same meaning in that subsection as in that Act.
(11) An amount received by a person is an exempt lump sum if: (a) the amount is not a periodic amount (within the meaning of subsection (11A)); and (b) the amount is not a leave payment within the meaning of points 1067G-H20, 1067L-D16 and 1068-G7AR; and (c) the amount is not income from remunerative work undertaken by the person; and (d) the amount is an amount, or class of amounts, determined by the Secretary to be an exempt lump sum.
Note: Some examples of the kinds of lump sums that the Secretary may determine to be exempt lump sums include a lottery win or other windfall, a legacy or bequest, or a gift—if it is a one-off gift.

(11A) An amount is a periodic amount if it is: (a) the amount of one payment in a series of related payments, even if the payments are irregular in time and amount; or (b) the amount of a payment making up for arrears in such a series.
(12) For the purposes of paragraph 8(8)(zp), the amount per fortnight that is not income for the purposes of this Act is: Special Rate Disability Pension reduction amount  10 6 where: Special Rate Disability Pension reduction amount means the amount by which the Special Rate Disability Pension (as reduced under subsection 204(3)) is reduced under subsection 204(6) of the Military Rehabilitation and Compensation Act (but not below zero).
Social Security Act 1991 57 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 9 9 Financial assets and income streams definitions (1) In this Act, unless the contrary intention appears: approved deposit fund has the same meaning as in the Income Tax Assessment Act 1997. asset-tested income stream (lifetime) has the meaning given by section 9E.
asset-tested income stream (long term) means an income stream that is an asset-tested income stream (long term) under section 9D or an income stream that: (a) is not an asset-test exempt income stream; and (b) has, on its commencement day: (i) a specified term of more than 5 years; or (ii) if the person who has acquired the income stream has a life expectancy of 5 years or less—a specified term equal to or greater than the person’s life expectancy.
Note: Since the income stream must be for a specified term, an asset-tested income stream (long term) cannot be an asset-tested income stream (lifetime).

asset-tested income stream (short term) means an income stream that is an asset-tested income stream (short term) under section 9D or an income stream that is none of the following: (a) an asset-test exempt income stream; (b) an asset-tested income stream (long term); (c) an asset-tested income stream (lifetime).
asset-test exempt income stream has the meanings given by sections 9A, 9B and 9BA.

ATO small superannuation account means an account kept in the name of an individual under the Small Superannuation Accounts Act 1995.
58 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 9 commencement day, in relation to an income stream, means the first day of the period to which the first payment under the income stream relates.
deductible amount, in relation to a defined benefit income stream for a year, means the sum of the amounts that are the tax free components (worked out under Subdivision 307-C of the Income Tax Assessment Act 1997 or, if applicable, section 307-125 of the Income Tax (Transitional Provisions) Act 1997) of the payments received from the defined benefit income stream during the year.

defined benefit income stream has the meaning given by subsection (1F).
deprived asset has the meaning given by subsection (4).

designated NDIS amount means: (a) an NDIS amount that is deposited in an account with a financial institution; and (b) any return on the NDIS amount that a person earns, derives or receives.

family law affected income stream has the meaning given by section 9C.

financial asset means: (a) a financial investment; or (b) a deprived asset.

Note: For deprived asset see subsection (4).
financial investment means: (a) available money; or (b) deposit money; or (c) a managed investment; or (d) a listed security; or (e) a loan that has not been repaid in full; or (f) an unlisted public security; or (g) gold, silver or platinum bullion; or Social Security Act 1991 59 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 9 (h) an asset-tested income stream (short term); or (i) an asset-tested income stream (long term) that is an account-based pension within the meaning of the Superannuation Industry (Supervision) Regulations 1994; or (j) an asset-tested income stream (long term) that is an annuity (within the meaning of the Superannuation Industry (Supervision) Act 1993) provided under a contract that meets the requirements determined in an instrument under subsection (1EA); but does not include a designated NDIS amount.
friendly society means: (a) a body that is a friendly society for the purposes of the Life Insurance Act 1995; or (b) a body that is registered or incorporated as a friendly society under a law of a State or Territory; or (c) a body that is permitted, by a law of a State or Territory, to assume or use the expression friendly society; or (d) a body that, immediately before the date that is the transfer date for the purposes of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No.
1) 1999, was registered or incorporated as a friendly society under a law of a State or Territory; or (e) a body that had, before 13 December 1987, been approved for the purpose of the definition of friendly society in subsection 115(1) of the 1947 Act.

governing rules, in relation to an income stream, means any trust instrument, other document or legislation, or combination of them, governing the establishment and operation of the income stream.
income stream means: (a) an income stream arising under arrangements that are regulated by the Superannuation Industry (Supervision) Act 1993; or (b) an income stream arising under a public sector superannuation scheme (within the meaning of that Act); or 60 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 9 (c) an income stream arising under a retirement savings account; or (d) an income stream provided as life insurance business by a life company registered under section 21 of the Life Insurance Act 1995; or (f) an income stream designated in writing by the Secretary for the purposes of this definition, having regard to the guidelines determined under subsection (1E); or (fa) a family law affected income stream; but does not include any of the following: (g) available money; (h) deposit money; (i) a managed investment; (j) a listed security; (k) a loan that has not been repaid in full; (l) an unlisted public security; (m) gold, silver or platinum bullion; (n) a payment of compensation to a person, or a payment to a person under an insurance scheme, in relation to: (i) the person’s inability to earn, derive or receive income from remunerative work; or (ii) the person’s total and permanent disability or incapacity.
investment: (a) in relation to a superannuation fund or approved deposit fund—has the meaning given by subsection (9); or (b) in relation to an ATO small superannuation account—has the meaning given by subsection (9A).

investor, in relation to an ATO small superannuation account, means the person in whose name the account is kept.

life expectancy has the same meaning as life expectation factor has in section 27H of the Income Tax Assessment Act.
Social Security Act 1991 61 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 9 listed security means: (a) a share in a company; or (b) another security; listed on a stock exchange.

managed investment has the meaning given by subsections (1A), (1B) and (1C).
military defined benefit income stream means a defined benefit income stream provided under: (a) the scheme provided for by the Defence Forces Retirement Benefits Act 1948; or (b) the scheme provided for by the Defence Force Retirement and Death Benefits Act 1973; or (c) the superannuation scheme referred to in section 4 of the Military Superannuation and Benefits Act 1991; or (d) a superannuation scheme specified in an instrument under subsection (2).
original family law affected income stream has the meaning given by section 9C.

pensioner couple means a couple, one or both of the members of which are receiving a social security pension, a service pension, income support supplement or a veteran payment.

primary FLA income stream has the meaning given by section 9C.
public unit trust means a unit trust that: (a) except where paragraph (b) applies—was, in relation to the unit trust’s last year of income, a public unit trust for the purposes of Division 6B of Part III of the Income Tax Assessment Act; or (b) where the first year of income of the unit trust has not yet finished—has, at some time since the trust was established, satisfied at least one of the paragraphs of subsection 102G(1) of the Income Tax Assessment Act.
62 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 9 purchase price, in relation to an income stream, means the sum of the payments made to purchase the income stream (including amounts paid by way of employer and employee contributions) less any commuted amounts.
relevant number, in relation to an income stream, means: (a) if the income stream is payable for a fixed number of years— that number; or (b) if the income stream is payable during the lifetime of a person and no longer—the number of years of the person’s life expectancy; or (c) if the income stream: (i) is jointly owned by a person and his or her partner and is payable for the lifetime of the person or the partner; or (ii) is payable during the lifetime of a person and then for the lifetime of a reversionary beneficiary; the number of years of the longer of the relevant life expectancies; or (d) in any other case—the number that the Secretary considers appropriate having regard to the number of years in the total period during which the income stream will be, or may reasonably be expected to be, payable.
residual capital value, in relation to an income stream, means the capital amount payable on the termination of the income stream.

Note: An account-based income stream does not have a residual capital value (see subsection (10) of this section).
retirement savings account has the meaning that it has in the Retirement Savings Accounts Act 1997. return: (a) in relation to an ATO small superannuation account—means so much of the balance of the account as is attributable to interest; or (b) in relation to any other investment in the nature of superannuation—means any increase, whether of a capital or Social Security Act 1991 63 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 9 income nature and whether or not distributed, in the value or amount of the investment.
secondary FLA income stream has the meaning given by section 9C.

superannuation benefit, in relation to a person, means: (a) a benefit arising directly or indirectly from amounts contributed (whether by the person or by any other person) to a superannuation fund in respect of the person; or (b) a payment under Part 7 of the Small Superannuation Accounts Act 1995, where the payment is in respect of an ATO small superannuation account kept in the name of the person.
superannuation contributions surcharge has the meaning that it has in the Superannuation Contributions Tax (Assessment and Collection) Act 1997. superannuation fund means: (a) a fund that is or has been a complying superannuation fund within the meaning of section 45 of the Superannuation Industry (Supervision) Act 1993 in relation to any tax year; or (b) an Australian superannuation fund (within the meaning of the Income Tax Assessment Act 1997) that is not a complying superannuation fund mentioned in paragraph (a) in relation to any tax year; or (c) a scheme for the payment of benefits upon retirement or death that is constituted by or under a law of the Commonwealth or of a State or Territory; or (d) an RSA within the meaning of the Retirement Savings Accounts Act 1997; or (e) any of the following funds (unless the fund is a foreign superannuation fund within the meaning of the Income Tax Assessment Act 1997): (i) a fund to which paragraph 23(jaa), or section 23FC, 121CC or 121DAB, of the Income Tax Assessment Act 1936 (as in force at any time before the commencement 64 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 9 of section 1 of the Taxation Laws Amendment Act (No.
2) 1989) has applied in relation to any tax year; (ii) a fund to which paragraph 23(ja), or section 23F or 23FB, of the Income Tax Assessment Act 1936 (as in force at any time before the commencement of paragraph (a) of the definition of superannuation fund in former subsection 27A(1) of the Income Tax Assessment Act 1936) has applied in relation to the tax year that started on 1 July 1985 or an earlier tax year; (iii) a fund to which section 79 of the Income Tax Assessment Act 1936 (as in force at any time before 25 June 1984) has applied in relation to the tax year that started on 1 July 1983 or an earlier tax year.
unlisted public security means: (a) a share in a public company; or (b) another security; that is not listed on a stock exchange.
(1A) Subject to subsections (1B) and (1C), an investment is a managed investment for the purposes of this Act if: (a) the money or property invested is paid by the investor directly or indirectly to a body corporate or into a trust fund; and (b) the assets that represent the money or property invested (the invested assets) are not held in the names of investors; and (c) the investor does not have effective control over the management of the invested assets; and (d) the investor has a legally enforceable right to share in any distribution of income or profits derived from the invested assets.
(1B) Without limiting the generality of subsection (1A) but subject to subsection (1C), the following are managed investments for the purposes of this Act: (a) an investment in a public unit trust; (b) an investment in an insurance bond; Social Security Act 1991 65 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 9 (c) an investment with a friendly society; (d) an investment in a superannuation fund; (e) an investment in an approved deposit fund; (g) an investment in an ATO small superannuation account; (h) an asset-tested income stream (lifetime) that does not arise under arrangements that are regulated by the Superannuation Industry (Supervision) Act 1993.
Note 1: Note 2: Note 4: Note 5: For paragraph (d), see paragraph (1C)(a) for superannuation investments held before pension age is reached.

For paragraph (e), see paragraph (1C)(b) for investments in approved deposit funds held before pension age is reached.

For paragraph (g), see paragraph (1C)(ca) for investments in ATO small superannuation accounts held before pension age is reached.
For paragraph (h), see paragraph (1C)(j) for a person’s asset-tested income stream (lifetime) that does not arise under arrangements that are regulated by the Superannuation Industry (Supervision) Act 1993 if the person’s assessment day (within the meaning of section 1120AB) for the income stream has occurred.
(1C) The following are not managed investments for the purposes of this Act: (a) an investment in a superannuation fund if the investor has not yet reached pension age; (b) an investment in an approved deposit fund if the investor has not yet reached pension age; (ca) an investment in an ATO small superannuation account if the investor has not yet reached pension age; (d) deposit money; (e) a loan; (f) an asset-test exempt income stream; (g) an asset-tested income stream (long term); (h) an asset-tested income stream (short term); (i) a person’s asset-tested income stream (lifetime) that arises under arrangements that are regulated by the Superannuation Industry (Supervision) Act 1993; 66 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 9 (j) a person’s asset-tested income stream (lifetime) that does not arise under arrangements that are regulated by the Superannuation Industry (Supervision) Act 1993 if the person’s assessment day (within the meaning of section 1120AB) for the income stream has occurred.
Note 2: For deposit money see subsection 8(1).

Note 3: For provisions relating to when a loan is taken to be made see subsection (2).

(1D) To avoid doubt, none of the following is a financial investment for the purposes of this Act: (a) an accommodation bond; (b) an accommodation bond balance; (c) a refundable deposit; (d) a refundable deposit balance.
(1E) The Secretary may, by legislative instrument, determine guidelines to be complied with when designating an income stream for the purposes of the definition of income stream in subsection (1).

(1EA) The Minister may, by legislative instrument, determine requirements for the purposes of paragraph (j) of the definition of financial investment in subsection (1).
(1F) An income stream is a defined benefit income stream if: (a) under the Superannuation Industry (Supervision) Regulations 1994, the income stream is taken to be a pension for the purposes of the Superannuation Industry (Supervision) Act 1993; and (b) except in the case of an income stream arising under a superannuation fund established before 20 September 1998— the income stream is provided under rules that meet the standards of subregulation 1.06(2) of the Superannuation Industry (Supervision) Regulations 1994; and (ba) in the case of an income stream arising under a superannuation fund established before 20 September 1998— the income stream is provided under rules that meet the Social Security Act 1991 67 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 9 standards determined, by legislative instrument, by the Minister; and (c) in any case—the income stream is attributable to a defined benefit interest within the meaning of the Superannuation Industry (Supervision) Regulations 1994 (for this purpose, disregard subparagraph 1.03AA(1)(b)(ii) of those regulations).
(2) The Secretary may, by legislative instrument, specify superannuation schemes for the purposes of paragraph (d) of the definition of military defined benefit income stream in subsection (1).
(4) For the purposes of this Act, an asset is a deprived asset if: (a) a person has disposed of the asset; and (b) the value of the asset is included in the value of the person’s assets by section 1124A, 1125, 1125A, 1126, 1126AA, 1126AB, 1126AC or 1126AD or an amount is included in the value of the person’s assets in respect of the disposal by section 1126E (so far as that section relates to section 1126AA, 1126AB, 1126AC or 1126AD).
(9) For the purposes of this Act, a person has an investment in a superannuation fund or approved deposit fund if the person has benefits in the fund (whether the benefits are attributable to amounts paid by the person or someone else).
(9A) For the purposes of this Act: (a) a person has an investment in an ATO small superannuation account if: (i) the account is kept in the name of the person; and (ii) the balance of the account exceeds nil; and (b) the amount or value of that investment equals the balance of the account.

(10) To avoid doubt, for the purposes of this Act, an account-based income stream does not have a residual capital value.
68 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 9A 9A Meaning of asset-test exempt income stream—lifetime income streams General requirements (1) An income stream provided to a person is an asset-test exempt income stream for the purposes of this Act if: (aa) subject to subsection (1AA), the income stream’s commencement day happens before 20 September 2007; and (a) it is an income stream arising under a contract, or governing rules, that meet the requirements of subsection (2) and the Secretary has not made a determination under subsection (4) in respect of the income stream; and (b) subject to subsections (1B), (1C) and (1D), the Secretary is satisfied that in relation to an income stream, provided by a class of provider specified by the Secretary for the purposes of this paragraph, there is in force a current actuarial certificate that states that the actuary is of the opinion that, for the financial year in which the certificate is given, there is a high probability that the provider of the income stream will be able to pay the income stream as required under the contract or governing rules; and (c) the Secretary is satisfied that the requirements of subsection (2) are being given effect to from the day the income stream commences to be paid.
Note: For paragraph (b), financial year means a period of 12 months commencing on 1 July: see the Acts Interpretation Act 1901.

Determination under subsection (5) (1A) An income stream provided to a person is an asset-test exempt income stream for the purposes of this Act if the Secretary has made a determination under subsection (5) in respect of the income stream.
Social Security Act 1991 69 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 9A Defined benefit income streams (1AA) Paragraph (1)(aa) does not apply if the income stream is a defined benefit income stream.
Guidelines relating to actuarial certificates (1B) The Secretary may determine, in writing, guidelines to be complied with when determining whether an actuarial certificate is in force and what constitutes a high probability that the provider of the income stream will be able to pay the income stream as required under the contract or governing rules.
Exception to paragraph (1)(b) (1C) If, on 30 June in a financial year, an actuarial certificate referred to in paragraph (1)(b) is in force in relation to an income stream, then paragraph (1)(b) does not apply in relation to the next financial year (the later year) for the period: (a) beginning on 1 July of the later year; and (b) ending at the earlier of the following: (i) the start of the first day in the later year on which any actuarial certificate is given to the Secretary in relation to that income stream; (ii) the end of the period of 26 weeks beginning on 1 July of the later year.
One certificate a financial year (1D) For the purposes of paragraph (1)(b), if an actuarial certificate is given to the Secretary in a financial year in relation to an income stream, then any actuarial certificate given to the Secretary later in that financial year in relation to that income stream has no effect.
70 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 9A Requirements of contract/governing rules for provision of income stream (2) A contract, or the governing rules, for the provision of an income stream to a person meet the requirements of this subsection if the contract or governing rules specify: (a) that payments under the income stream are to be made at least annually throughout the life of the person and, if there is a reversionary beneficiary: (i) throughout the reversionary beneficiary’s life; or (ii) if the reversionary beneficiary is a child of the person or of a former reversionary beneficiary under the income stream—at least until he or she turns 16; or (iii) if the child referred to in subparagraph (ii) is a full-time student who has turned 16—at least until the end of his or her full-time studies or until he or she turns 25, whichever occurs sooner; and (b) the total amount of the payments that may be made under the income stream in the first year after the commencement day of the income stream (not taking commuted amounts into account); and (c) that the total amount of the payments that may be made under the income stream in any other year (not taking commuted amounts into account) may not fall below the total amount of the payments made under the income stream in the immediately preceding year (the previous total), and may not exceed the previous total: (i) if subparagraph (ii) does not apply—by more than 5% of the previous total; or (ii) if the index number for the second last quarter before the day on which the first of those payments is to be made (recent index number) exceeds the index number for the same quarter in the immediately preceding year (base index number) by more than 4% of the base index number—by more than such percentage of the previous total as is worked out under the formula: Social Security Act 1991 71 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive //
 Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 9A 100      (d) if the income stream is purchased by or for the primary Recent index number – Base index number Base index number        1 beneficiary—that the first payment under the income stream relates to the period commencing on the day of that purchase; and (e) if the income stream is not purchased, but acquired, by or for the primary beneficiary—that the first payment under the income stream relates to the period commencing on the day of that acquisition; and (f) if the income stream is not a defined benefit income stream— that the amount paid as the purchase price for the income stream is wholly converted into income; and (g) that the income stream has no residual capital value; and (h) that the income stream cannot be commuted except: (i) if the income stream is a non-commutation funded income stream and the commutation is made within 6 months after the commencement day of the income stream; or (ii) if the commutation is made to the benefit of a reversionary beneficiary or of the person’s estate, on the death of the person within the life expectancy period for the income stream; or (iii) if the payment resulting from the commutation is transferred directly to the purchase of another income stream that is an asset-test exempt income stream; or (iv) to the extent necessary to cover any superannuation contributions surcharge relating to the income stream; or (iva) to the extent
 necessary to give effect to an entitlement of the person’s partner or former partner under a payment split under Part VIIIB of the Family Law Act 1975; or (ivb) to the extent necessary to give effect to an order under Part VIIIAA of the Family Law Act 1975; or (v) to the extent necessary to pay a hardship amount; and 72 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 9A (i) that the income stream
 cannot be transferred to a person except: (i) on the death of the primary beneficiary, to a reversionary beneficiary; or (ii) on the death of a reversionary beneficiary, to another reversionary beneficiary; and (j) that neither the capital value of the income stream, nor the income from it, can be used as security for a borrowing; and (k) that, if the income stream reverts, it must not have a reversionary component greater than the benefit that was payable immediately before the reversion; and (l) that, if the income stream is commuted, the commuted amount must not be greater than the benefit that was payable immediately before the commutation.
(2A) A contract, or the governing rules, for the provision to a person of an income stream that meets all of the requirements of subsection (2), except the requirement of paragraph (2)(c), are taken to meet the requirements of subsection (2) if the contract or governing rules specify that any provision included in the contract or governing rules in accordance with paragraph (2)(c) does not apply in any year in which: (a) the person ceases to receive income under an income stream jointly and begins to receive income under a single income stream; and (b) the total amount received in the year under the single income stream is less than the total amount received by the person in the previous year but is not nil.
Matters not required of income stream (3) For the purpose of determining whether an income stream meets the requirements of subsection (2), it is immaterial that: (a) if the primary beneficiary dies within the life expectancy period for the income stream, a surviving reversionary beneficiary may be paid an amount equal to the total of the payments that the primary beneficiary would (if he or she had Social Security Act 1991 73 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 9A not died) have received from the day of the death until the end of that period; and (b) if: (i) the primary beneficiary dies within the life expectancy period for the income stream; and (ii) there is no surviving reversionary beneficiary; an amount, not exceeding the difference between: (iii) the sum of the amounts that would have been so payable to the primary beneficiary in that period; and (iv) the sum of the amounts paid to the primary beneficiary; is payable to the primary beneficiary’s estate, and (c) if: (i) the primary beneficiary dies within the life expectancy period for the income stream; and (ii) there is a surviving reversionary beneficiary who also dies within that period; there is payable to the reversionary beneficiary’s estate an amount determined as described in paragraph (b) as if that paragraph applied to the reversionary beneficiary.
Determination that income stream not asset-test exempt (4) The Secretary may determine that an income stream that meets the requirements of subsection (2) is not an asset-test exempt income stream if the Secretary is satisfied that the person who has purchased the income stream has commuted an asset-test exempt income stream within 6 months after its commencement day on at least 3 occasions since the person first received a social security payment.
Determination that income stream is asset-test exempt (5) The Secretary may determine, in writing, that an income stream is an asset-test exempt income stream for the purposes of this Act.

In making the determination, the Secretary is to have regard to the guidelines (if any) determined under subsection (6).
74 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 9A (5A) To avoid doubt, a determination under subsection (5) may be made in respect of an income stream regardless of the income stream’s commencement day.

(5B) A determination under subsection (5) is not a legislative instrument.
Guidelines to be complied with in making determination (6) The Secretary may, by legislative instrument, determine guidelines to be complied with when making a determination under subsection (5).
(7) In this section: hardship amount, in relation to a person, means an amount determined by the Secretary for the purposes of this definition if: (a) the person applies in writing to the Secretary to be allowed to commute the whole or part of an income stream because of extreme financial hardship; and (b) the Secretary is satisfied that: (i) the person’s circumstances are exceptional and could not be reasonably foreseen at the time the person purchased the income stream; and (ii) the person has insufficient liquid assets or other assets (excluding the person’s principal home) that could be realised to avoid the extreme financial hardship; and (iii) that amount is required to meet unavoidable expenditure.
life expectancy period, for an income stream, means: (a) in a case where: (i) there was only one primary beneficiary on the commencement day; and (ii) the primary beneficiary has decided not to round up his or her life expectancy for the purposes of this definition; the period starting on the income stream’s commencement day, and equal to the shorter of: Social Security Act 1991 75 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 9A (iii) the primary beneficiary’s life expectancy on the commencement day; and (iv) 20 years; or (b) in a case where: (i) there was only one primary beneficiary on the commencement day; and (ii) paragraph (a) does not apply; the period starting on the income stream’s commencement day, and equal to the shorter of: (iii) the primary beneficiary’s life expectancy (rounded up, if not consisting of a whole number of years, to the next whole number) on the commencement day; and (iv) 20 years; or (c) in a case where: (i) there were 2 primary beneficiaries on the commencement day; and (ii) those primary beneficiaries have decided not to round up their life expectancies for the purposes of this definition; the period starting on the income stream’s commencement day, and equal to the shorter of: (iii) the greater of the life expectancies, on the commencement day, of the primary beneficiaries; and (iv) 20 years; or (d) in a case where: (i) there were 2 primary beneficiaries on the commencement day; and (ii) paragraph (c) does not apply; the period starting on the income stream’s commencement day, and equal to the shorter of: (iii) the greater of the life expectancies (rounded up, if not consisting of a whole number of years, to the next whole number), on the commencement day, of the primary beneficiaries; and (iv) 20 years.
76 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 9A liquid assets, in relation to a person, means the person’s cash and readily realisable assets, and includes: (a) the person’s shares and debentures in a public company within the meaning of the Corporations Act 2001; and (b) managed investments; and (c) insurance policies that can be surrendered for money; and (d) amounts deposited with, or lent to, a bank or other financial institution by the person (whether or not the amount can be withdrawn or repaid immediately); and (e) amounts due, and able to be paid, to the person by, or on behalf of, a former employer of the person; but does not include the sum of NDIS amounts paid to the person and any return on those amounts that the person earns, derives or receives, less the sum of amounts spent by the person in accordance with an NDIS plan under which the amounts were paid.
non-commutation funded income stream means an income stream that has not been purchased by transferring directly to the purchase of the income stream a payment resulting from the commutation of another asset-test exempt income stream.
unavoidable expenditure, in relation to a person, means one or more of the following: (a) essential medical expenses of the person, or the person’s partner, to the extent that the expenses are not covered by health insurance or other contracts or arrangements; (b) the cost of: (i) replacing the person’s principal home; or (ii) essential repairs to the person’s principal home; to the extent that the cost of the replacement or repairs is not covered by an insurance policy; (c) expenditure to buy replacement essential household goods because of the loss of those goods to the extent that the cost of replacement is not covered by an insurance policy.
Social Security Act 1991 77 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 9B 9B Meaning of asset-test exempt income stream—life expectancy income streams (1) An income stream provided to a person is also an asset-test exempt income stream for the purposes of this Act if: (a) the following criteria are satisfied: (i) the income stream’s commencement day happens before 20 September 2007; (ii) subsection (1A) applies; or (b) subsection (1B) applies.
(1A) This subsection applies if: (aa) the person to whom the income stream is being provided is: (i) the primary beneficiary; or (ii) the primary beneficiary’s reversionary partner (if any) on the day of the primary beneficiary’s death; and (a) the income stream is an income stream arising under a contract, or governing rules, that meet the requirements of subsection (2) and the Secretary has not made a determination under subsection (3) in respect of the income stream; and (b) subject to subsections (1C), (1D) and (1E), the Secretary is satisfied that, in relation to an income stream provided by a class of provider specified by the Secretary for the purposes of this paragraph, there is in force a current actuarial certificate that states that the actuary is of the opinion that, for the financial year in which the certificate is given, there is a high probability that the provider of the income stream will be able to pay the income stream as required under the contract or governing rules; and (c) the Secretary is satisfied that the requirements of subsection (2) have been given effect to from the day the income stream commenced to be paid; and (d) in the case of an income stream acquired before 20 September 2004 that is provided to a primary beneficiary’s reversionary beneficiary—the remaining term (in years) of the income stream is equal to the life expectancy 78 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 9B (in years) of the primary beneficiary’s reversionary beneficiary.
Note: For paragraph (b), financial year means a period of 12 months commencing on 1 July: see the Acts Interpretation Act 1901.

(1B) This subsection applies if the Secretary has made a determination under subsection (4) in respect of the income stream.
Exception to paragraph (1A)(b) (1C) If, on 30 June in a financial year, an actuarial certificate referred to in paragraph (1A)(b) is in force in relation to an income stream, then paragraph (1A)(b) does not apply in relation to the next financial year (the later year) for the period: (a) beginning on 1 July of the later year; and (b) ending at the earlier of the following: (i) the start of the first day in the later year on which any actuarial certificate is given to the Secretary in relation to that income stream; (ii) the end of the period of 26 weeks beginning on 1 July of the later year.
Guidelines relating to actuarial certificates (1D) The Secretary may determine, in writing, guidelines to be complied with when determining whether an actuarial certificate is in force and what constitutes a high probability that the provider of the income stream will be able to pay the income stream as required under the contract or governing rules.
One certificate a financial year (1E) For the purposes of paragraph (1A)(b), if an actuarial certificate is given to the Secretary in a financial year in relation to an income stream, then any actuarial certificate given to the Secretary later in that financial year in relation to that income stream has no effect.
Social Security Act 1991 79 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 9B Requirements of contract/governing rules for provision of income stream (2) A contract, or the governing rules, for the provision of an income stream to a person meets the requirements of this subsection if the contract or governing rules specify: (a) the income stream’s term, which must comply with subsection (2B), (2C) or (2E); and (aa) that payments under the income stream are to be made at least annually during the income stream’s term; and (b) the total amount of the payments that may be made under the income stream in the first year after the commencement day of the income stream (not taking commuted amounts into account); and (c) that the total amount of the payments that may be made under the income stream in any other year (not taking commuted amounts into account) may not fall below the total amount of the payments made under the income stream in the immediately preceding year (the previous total), and may not exceed the previous total: (i) if subparagraph (ii) does not apply—by more than 5% of the previous total; or (ii) if the index number for the second last quarter before the day on which the first of those payments is to be made (recent index number) exceeds the index number for the same quarter in the immediately preceding year (base index number) by more than 4% of the base index number—by more than such percentage of the previous
 total as is worked out under the formula: 100      (d) if the income stream is purchased by or for the primary Recent index number – Base index number Base index number        1 beneficiary—that the first payment under the income stream relates to the period commencing on the day of that purchase; and 80 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 9B (e) if the income stream is not
 purchased, but acquired, by or for the primary beneficiary—that the first payment under the income stream relates to the period commencing on the day of that acquisition; and (f) if the income stream is not a defined benefit income stream— that the amount paid as the purchase price for the income stream is wholly converted into income; and (g) that the income stream has no residual capital value; and (h) that the income stream cannot be commuted except: (i) if the income stream is a non-commutation funded income stream and the commutation is made within 6 months after the commencement day of the income stream; or (ii) if the payment resulting from the commutation is transferred directly to the purchase of another income stream that is an asset-test exempt income stream; or (iii) if the primary beneficiary’s reversionary partner (if any) on the day of the primary beneficiary’s death survives the primary beneficiary—on or after the partner’s death; or (iiia) if subparagraph (iii) does not apply—on or after the primary beneficiary’s death; or (iv) to the extent necessary to cover any superannuation contributions surcharge relating to the income stream; or (iva) to the extent necessary to give effect to an entitlement of the person’s partner or former partner under a payment split under Part VIIIB of the Family Law Act 1975; or (ivb) to the extent necessary to give effect to an order under Part VIIIAA of the Family Law Act 1975; or (v) to the extent necessary to pay a hardship amount; and (i) that the income stream cannot be transferred except on death; and (j) that neither the capital value of the income stream, nor the income from it, can be used as security for a borrowing; and Social Security Act 1991 81 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 9B (k) that, if the income stream reverts, it must not have a reversionary component greater than the benefit that was payable
 immediately before the reversion; and (l) that, if the income stream is commuted, the commuted amount must not be greater than the benefit that was payable immediately before the commutation.
(2A) A contract, or the governing rules, for the provision to a person of an income stream that meets all of the requirements of subsection (2), except the requirement of paragraph (2)(c), are taken to meet the requirements of subsection (2) if the contract or governing rules specify that any provision included in the contract or governing rules in accordance with paragraph (2)(c) does not apply in any year in which: (a) the person ceases to receive income under an income stream jointly and begins to receive income under a single income stream; and (b) the total amount received in the year under the single income stream is less than the total amount received by the person in the previous year but is not nil.
Term of the income stream (2B) If, on an income stream’s commencement day, there is only one primary beneficiary, the income stream’s term complies with this subsection if it is a period of whole years that: (a) starts on the income stream’s commencement day; and (b) is at least as long as the primary beneficiary’s life expectancy (rounded up, if not consisting of a whole number of years, to the next whole number) on the commencement day; and (c) is at most as long as the greater of: (i) what would be the primary beneficiary’s life expectancy (rounded up, if not consisting of a whole number of years, to the next whole number) on the commencement day if the primary beneficiary were 5 years younger; and 82 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 9B (ii) the period (rounded up, if not consisting of a whole number of years, to the next whole number) starting on the commencement day and ending on the day on which the primary beneficiary reaches age 100 (assuming that the primary beneficiary lives until then).
(2C) If, on an income stream’s commencement day, there is only one primary beneficiary, the income stream’s term complies with this subsection if it is a period of whole years that: (a) starts on the income stream’s commencement day; and (b) is at least as long as the greater of the life expectancies (rounded up, if not consisting of a whole number of years, to the next whole number), on the commencement day, of: (i) the primary beneficiary; and (ii) the primary beneficiary’s reversionary partner on that day; and (c) is at most as long as the period worked out under subsection (2D).
(2D) For the purposes of paragraph (2C)(c), the period is the greater of: (a) the greater of what would be the life expectancies (rounded up, if not consisting of a whole number of years, to the next whole number), on the commencement day, of: (i) the primary beneficiary, if the primary beneficiary were 5 years younger; and (ii) the primary beneficiary’s reversionary partner on that day, if the partner were 5 years younger; and (b) the greater of: (i) the period (rounded up, if not consisting of a whole number of years, to the next whole number) starting on the commencement day and ending on the day on which the primary beneficiary reaches age 100 (assuming that the primary beneficiary lives until then); and (ii) the period (rounded up, if not consisting of a whole number of years, to the next whole number) starting on the commencement day and ending on the day on which the primary beneficiary’s reversionary partner on the Social Security Act 1991 83 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 9B commencement day reaches age 100 (assuming that the partner lives until then).
(2E) If, on an income stream’s commencement day, there are 2 primary beneficiaries (the first primary beneficiary and the second primary beneficiary), the income stream’s term complies with this subsection if it is a period of whole years that: (a) starts on the income stream’s commencement day; and (b) is at least as long as the lesser of the life expectancies (rounded up, if not consisting of a whole number of years, to the next whole number), on the commencement day, of: (i) the first primary beneficiary; and (ii) the second primary beneficiary; and (c) is at most as long as the period worked out under subsection (2F).
(2F) For the purposes of paragraph (2E)(c), the period is the greater of: (a) the greater of what would be the life expectancies (rounded up, if not consisting of a whole number of years, to the next whole number), on the commencement day, of: (i) the first primary beneficiary, if the first primary beneficiary were 5 years younger; and (ii) the second primary beneficiary, if the second primary beneficiary were 5 years younger; and (b) the greater of: (i) the period (rounded up, if not consisting of a whole number of years, to the next whole number) starting on the commencement day and ending on the day on which the first primary beneficiary reaches age 100 (assuming that the first primary beneficiary lives until then); and (ii) the period (rounded up, if not consisting of a whole number of years, to the next whole number) starting on the commencement day and ending on the day on which the second primary beneficiary reaches age 100 (assuming that the second primary beneficiary lives until then).
84 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 9B Determination that income stream not asset-test exempt (3) The Secretary may determine that an income stream that meets the requirements of subsection (2) is not an asset-test exempt income stream if the Secretary is satisfied that the person who has purchased the income stream has commuted an asset-test exempt income stream within 6 months after its commencement day on at least 3 occasions since the person first received a social security payment.
Determination that income stream is asset-test exempt (4) The Secretary may determine, in writing, that an income stream is an asset-test exempt income stream for the purposes of this Act.

In making the determination, the Secretary is to have regard to the guidelines (if any) determined under subsection (5).

(4A) To avoid doubt, a determination under subsection (4) may be made in respect of an income stream regardless of the income stream’s commencement day.
(4B) A determination under subsection (4) is not a legislative instrument.

Guidelines to be complied with in making determination (5) The Secretary may, by legislative instrument, determine guidelines to be complied with when making a determination under subsection (4).

(6) In this section: hardship amount has the same meaning as in section 9A.
non-commutation funded income stream means an income stream that has not been purchased by transferring directly to the purchase of the income stream a payment resulting from the commutation of another asset-test exempt income stream.
Social Security Act 1991 85 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 9BA reversionary partner, in relation to the primary beneficiary of an income stream and a particular day, means another person who, on that day: (a) is a member of a couple with the primary beneficiary; and (b) is the person to whom the income stream will revert on the primary beneficiary’s death.
9BA Meaning of asset-test exempt income stream—market-linked income streams General requirements (1) An income stream provided to a person is also an asset-test exempt income stream for the purposes of this Act if: (a) all of the following criteria are satisfied: (i) the income stream’s commencement day happens during the period from 20 September 2004 to 19 September 2007 (both dates inclusive); (ii) the person to whom the income stream is being provided is the primary beneficiary or the primary beneficiary’s reversionary partner (if any) on the day of the primary beneficiary’s death; (iii) the income stream is an income stream arising under a contract, or governing rules, that meets the requirements of subsection (2); (iv) the Secretary has not made a determination under subsection (10) in respect of the income stream; (v) the Secretary is satisfied that the requirements of subsection (2) have been given effect to from the day the income stream commenced to be paid; or (b) the Secretary has made a determination under subsection (11) in respect of the income stream.
86 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 9BA Requirements of contract/governing rules for provision of income stream (2) A contract, or the governing rules, for the provision of an income stream to a person meets the requirements of this subsection if the contract or governing rules specify: (a) the income stream’s term, which must comply with subsection (3) or (4); and (b) obligations for the making of payments under the income stream that satisfy the requirements of subsections (5) to (9); and (c) if the income stream is purchased by or for the primary beneficiary—that the first payment under the income stream relates to the period commencing on the day of that purchase; and (d) if the income stream is not purchased, but acquired, by or for the primary beneficiary—that the first payment under the income stream relates to the period commencing on the day of that acquisition; and (e) that the income stream has no residual capital value; and (f) that the income stream cannot be commuted except: (i) if the income stream is a non-commutation funded income stream and the commutation is made within 6 months after the commencement day of the income stream; or (ii) if the payment resulting from the commutation is transferred directly to the purchase of another income stream that is an asset-test exempt income stream; or (iii) if the primary beneficiary’s reversionary partner (if any) on the day of
 the primary beneficiary’s death survives the primary beneficiary—on or after the partner’s death; or (iv) if subparagraph (iii) does not apply—on or after the primary beneficiary’s death; or (v) to the extent necessary to cover any superannuation contributions surcharge relating to the income stream; or Social Security Act 1991 87 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 9BA (vi) to the extent necessary to give
 effect to an entitlement of the person’s partner or former partner under a payment split under Part VIIIB of the Family Law Act 1975; or (vii) to the extent necessary to pay a hardship amount; and (g) that the income stream cannot be transferred except on death; and (h) that neither the capital value of the income stream, nor the income from it, can be used as security for a borrowing; and (i) that, if the income stream reverts, it must not have a reversionary component greater than the account balance immediately before the reversion; and (j) that, if the income stream is commuted, the commuted amount must not be greater than the account balance immediately before the commutation.
Term of the income stream (3) An income stream’s term complies with this subsection if it is a period of whole years that: (a) starts on the income stream’s commencement day; and (b) is at least as long as the primary beneficiary’s life expectancy (rounded up, if not consisting of a whole number of years, to the next whole number) on the commencement day; and (c) is at most as long as the greater of: (i) what would be the primary beneficiary’s life expectancy (rounded up, if not consisting of a whole number of years, to the next whole number) on the commencement day if the primary beneficiary were 5 years younger; and (ii) the period (rounded up, if not consisting of a whole number of years, to the next whole number) starting on the commencement day and ending on the day on which the primary beneficiary reaches age 100 (assuming that the primary beneficiary lives until then).
(4) An income stream’s term complies with this subsection if it is a period of whole years that: 88 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 9BA (a) starts on the income stream’s commencement day; and (b) is at least as long as the greater of the life expectancies (rounded up, if not consisting of a whole number of years, to the next whole number), on the commencement day, of: (i) the primary beneficiary; and (ii) the primary beneficiary’s reversionary partner on that day; and (c) is at most as long as the period worked out under subsection (4A).
(4A) For the purposes of paragraph (4)(c), the period is the greater of: (a) the greater of what would be the life expectancies (rounded up, if not consisting of a whole number of years, to the next whole number), on the commencement day, of: (i) the primary beneficiary, if the primary beneficiary were 5 years younger; and (ii) the primary beneficiary’s reversionary partner on that day, if the partner were 5 years younger; and (b) the greater of: (i) the period (rounded up, if not consisting of a whole number of years, to the next whole number) starting on the commencement day and ending on the day on which the primary beneficiary reaches age 100 (assuming that the primary beneficiary lives until then); and (ii) the period (rounded up, if not consisting of a whole number of years, to the next whole number) starting on the commencement day and ending on the day on which the primary beneficiary’s reversionary partner on the commencement day reaches age 100 (assuming that the partner lives until then).
Total amount payable in each financial year—general rule (5) For each financial year wholly or partly within the income stream’s term, the total amount of the payments to be made under the income stream must not be less than 90%, nor greater than 110%, of the amount worked out under the formula: Social Security Act 1991 89 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 9BA Account balance PF where: account balance means: (a) if the financial year includes the income stream’s commencement day—the opening account balance for the income stream; or (b) otherwise—the account balance for the income stream at the start of the financial year.
PF means the payment factor for the income stream for the financial year, worked out under principles determined, by legislative instrument, by the Secretary.

Other rules about payments under the income stream (6) If the income stream’s commencement day is not a 1 July, a total amount worked out under subsection (5) for the financial year starting on the preceding 1 July must be reduced on a pro-rata basis by reference to the number of days in the financial year that are on and after the commencement day.
(7) If: (a) the income stream’s commencement day happens in June; and (b) no payment is made under the income stream for the financial year in which the commencement day happens; subsections (5) and (6) do not apply to the income stream for that financial year.
(8) If the amount (the test amount) of a payment to be made under the income stream on a day in a financial year: (a) is worked out by reference to a total amount worked out under subsection (5) (and subsection (6), if applicable) for the financial year; and (b) exceeds the income stream’s account balance on that day; 90 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 9BA then: (c) the account balance (if any) must be paid instead of the test amount; and (d) that total amount described in paragraph (a) must be reduced by the amount of the excess.
(9) If the income stream has a positive account balance at the end of its term, a payment equal to that account balance must be made within 28 days after the end of the term.
Determination that income stream not asset-test exempt (10) The Secretary may determine that an income stream that meets the requirements of subsection (2) is not an asset-test exempt income stream if the Secretary is satisfied that: (a) the primary beneficiary has commuted an asset-test exempt income stream on at least 3 occasions since the person first received a social security payment; and (b) on at least 3 of those occasions, the commutation happened within 6 months after the commencement day of the income stream concerned.
Determination that income stream is asset-test exempt (11) The Secretary may determine, in writing, that an income stream is an asset-test exempt income stream for the purposes of this Act.

In making the determination, the Secretary must have regard to the guidelines (if any) determined under subsection (12).

(11A) To avoid doubt, a determination under subsection (11) may be made in respect of an income stream regardless of the income stream’s commencement day.
(11B) A determination under subsection (11) is not a legislative instrument.

Social Security Act 1991 91 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 9C Guidelines to be complied with in making determination (12) The Secretary may determine, by legislative instrument, guidelines to be complied with when making a determination under subsection (11).
Definitions (14) In this section: hardship amount has the same meaning as in section 9A.

non-commutation funded income stream means an income stream that has not been purchased by transferring directly to the purchase of the income stream a payment resulting from the commutation of another asset-test exempt income stream.
reversionary partner, in relation to the primary beneficiary of an income stream and a particular day, means another person who, on that day: (a) is a member of a couple with the primary beneficiary; and (b) is the person to whom the income stream will revert on the primary beneficiary’s death.
9C Family law affected income streams If: (a) an income stream is acquired or purchased (the original family law affected income stream) by a person (the member); and (b) the member’s partner or former partner (the non-member) becomes entitled to be paid some or all of that income stream under: (i) a payment split under Part VIIIB of the Family Law Act 1975; or (ii) an order under Part VIIIAA of the Family Law Act 1975; then so much (if any) of the income stream paid to the non-member as a series of ongoing payments (secondary FLA income stream) 92 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 9D and the remainder (if any) of the income stream paid to the member as such a series of payments (primary FLA income stream) are each family law affected income streams.
9D Asset-tested status of secondary FLA income streams If there is a primary FLA income stream (1) If a primary FLA income stream is, or would be if the income stream were assessed for the purposes of this Act: (a) an asset-tested income stream (long term); or (b) an asset-tested income stream (short term); or (c) an asset-tested income stream (lifetime); then a secondary FLA income stream to which it is related is also to be treated as if it were assessed as an income stream of that kind.
If there is no primary FLA income stream (2) If: (a) there is no primary FLA income stream in relation to a secondary FLA income stream; and (b) had there been a primary FLA income stream in relation to that secondary FLA income stream it would have been assessed for the purposes of this Act as an asset-tested income stream (long term), an asset-tested income stream (short term) or an asset-tested income stream (lifetime); then the secondary FLA income stream is to be treated as if it were assessed as an income stream of that kind.
9E Asset-tested income stream (lifetime) (1) Subject to subsection (2), an income stream is an asset-tested income stream (lifetime) if: (a) the contract, or governing rules, for the provision of the income stream ensure that, once payments of the income stream start, the income stream is to continue for the remainder of the life of one or more individuals; and Social Security Act 1991 93 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 10 (b) the contract, or governing rules, for the provision of the income stream ensure that the amounts of those payments are determined by having regard to the age, life expectancy or other factors relevant to the mortality of those individuals; and (c) the income stream is not an asset-test exempt income stream; and (d) the income stream is not a defined benefit income stream.
(2) If: (a) paragraphs (1)(a) to (d) are satisfied in relation to an income stream; and (b) the income stream is of a kind determined in an instrument under subsection (3); the income stream is an asset-tested income stream (lifetime) only to the extent determined in the instrument.

(3) The Secretary may make a legislative instrument for the purposes of subsection (2).
(4) An income stream is an asset-tested income stream (lifetime) if: (a) the income stream satisfies the conditions determined in an instrument under subsection (5); and (b) the income stream is not an asset-test exempt income stream; and (c) the income stream is not a defined benefit income stream.

(5) The Secretary may, by legislative instrument, determine conditions for the purposes of paragraph (4)(a).
10 Maintenance income definitions In this Act, unless the contrary intention appears, the expressions disability expenses maintenance, maintenance and maintenance income have the same respective meanings as in the Family Assistance Act.
94 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 10A 10A Definitions for carer allowance and seniors health card provisions (1) Some of the definitions in this section are the same as definitions in the Fringe Benefits Tax Assessment Act 1986.

Most of the other definitions in this section are based on definitions in that Act.
(2) In this section and in Parts 2.19, 3.9 and 3.12A, unless the contrary intention appears: arm’s length loan means a loan where the parties to the loan are dealing with each other at arm’s length in relation to the loan.

arm’s length transaction means a transaction where the parties to the transaction are dealing with each other at arm’s length in relation to the transaction.
arrangement means: (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied, and whether or not enforceable, or intended to be enforceable, by legal proceedings; and (b) any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.
assessable fringe benefit means a fringe benefit that is: (a) a car benefit (see section 1157C); or (b) a school fees benefit (see section 1157E); or (c) health insurance benefit (see section 1157F); or (d) a loan benefit (see section 1157G); or (e) a housing benefit (see section 1157I); or (f) an expense benefit (see section 1157JA); or (g) a financial investment benefit (see section 1157JC); but does not include a car benefit, loan benefit, housing benefit or expense benefit that is exempt.
Note: For exempt benefits see sections 1157D (car benefits), 1157H (loan benefits), 1157J (housing benefits) and 1157JB (expense benefits).

Social Security Act 1991 95 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 10A associate has the same meaning as in the Fringe Benefits Tax Assessment Act 1986.
Note: Subsection 136(1) of the Fringe Benefits Tax Assessment Act adopts the definition of associate in section 318 of the Income Tax Assessment Act.

Section 159 of the Fringe Benefits Tax Assessment Act modifies the way in which the income tax definition applies and also extends that definition in other ways.
Australian Parliament means: (a) the Parliament of the Commonwealth of Australia; or (b) the Parliament of a State; or (c) the Legislative Assembly for the Australian Capital Territory; or (d) the Legislative Assembly of the Northern Territory of Australia.

Note: See paragraph (d) of the definition of current employee.

car means a motor vehicle that is a road vehicle designed to carry a load of less than 1 tonne or fewer than 9 passengers but does not include a motor cycle or similar vehicle.
car benefit has the meaning given by section 1157C.

car fringe benefit means a fringe benefit that is a car benefit.
census population, in relation to an urban centre, means the census count on an actual location basis of the population of that urban centre specified in the results of the Census of Population and Housing taken by the Australian Statistician on 30 June 1981, being the results published by the Australian Statistician in the document entitled “Persons and Dwellings in Local Government Areas and Urban Centres”.
current employee means: (a) a person who is an employee within the ordinary meaning of that word; and (b) a person who holds or performs the duties of an appointment, office or position under the Constitution or under a law of the Commonwealth, a State or a Territory; and 96 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 10A (c) a person who is otherwise in the service of the Commonwealth, a State or a Territory (including service as a member of the Defence Force or as a member of a police force); and (d) a member of an Australian Parliament.
current employer means a person who pays or is liable to pay any salary or wages to an employee, and includes: (a) in the case of an unincorporated body of persons other than a partnership—the manager or other principal officer of that body; and (b) in the case of a partnership—each partner; and (c) a government body.

disadvantaged person means a person who is intellectually, psychiatrically or physically handicapped.

dwelling has the meaning given by subsection (7).


eligible urban area means: (a) an area that: (i) is situated in an area described in Schedule 2 to the Income Tax Assessment Act; and (ii) is an urban centre with a census population of 28,000 or more; or (b) any other area that is an urban centre with a census population of 14,000 or more.

Note: See paragraph (c) of the definition of special housing location in subsection (5).
employee means: (a) a current employee; or (b) a future employee; or (c) a former employee.

employer means: (a) a current employer; or (b) a future employer; or Social Security Act 1991 97 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 10A (c) a former employer.
employment, in relation to a person, means the holding of any office or appointment, the performance of any functions or duties, the engaging in of any work, or the doing of any acts or things that results, will result or has resulted in the person being treated as an employee.

expense benefit has the meaning given by section 1157JA.

expense fringe benefit means a fringe benefit that is an expense benefit.

financial investment benefit has the meaning given by section 1157JC.
financial investment fringe benefit means a fringe benefit that is a financial investment benefit.

foreign income, in relation to a person, means: (a) an income amount earned, derived or received by the person from a source outside Australia for the person’s own use or benefit; or (b) a periodical payment by way of gift or allowance from a source outside Australia; or (c) a periodical benefit by way of gift or allowance from a source outside Australia.

Note 1: For income amount see subsection 8(1).


Note 2: For earned, derived or received see subsection 8(2).

Note 3: This definition does not make use of the definition of income in subsection 8(1) and, as a result, the exclusions provided for by subsections 8(4), (5) and (8) do not apply to foreign income.

former employee means a person who has been a current employee.

former employer means a person who has been a current employer.
fringe benefit means a benefit that is provided to an employee or to an associate of the employee by: 98 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 10A (a) the employer of the employee; or (b) an associate of the employer; or (c) a person (the arranger) other than the employer or an associate of the employer under an arrangement between: (i) the employer or an associate of the employer; and (ii) the arranger or another person; and that is provided in respect of the employment of the employee.
future employee means a person who will become a current employee.

future employer means a person who will become a current employer.

government body means the Commonwealth, a State, a Territory or an authority of the Commonwealth or a State or Territory.

Note: See paragraph (c) of the definition of current employer.

health insurance benefit has the meaning given by section 1157F.

health insurance fringe benefit means a fringe benefit that is a health insurance benefit.
housing benefit has the meaning given by section 1157I.

housing fringe benefit means a fringe benefit that is a housing benefit.

housing loan has the meaning given by subsection (9).

housing right, in relation to a person, means a lease or licence granted to the person to occupy or use a unit of accommodation, in so far as that lease or licence subsists at a time when the unit of accommodation is the person’s usual place of residence.
in respect of, in relation to the employment of an employee, includes by reason of, by virtue of, or for or in relation directly or indirectly to, that employment.

Note: See definition of fringe benefit.

Social Security Act 1991 99 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 10A lease includes a sub-lease.
loan includes: (a) an advance of money; and (b) the provision of credit or any other form of financial accommodation; and (c) the payment of an amount for, on account of, on behalf of or at the request of a person where there is an obligation (whether expressed or implied) to repay the amount; and (d) a transaction (whatever its terms or form) which in substance effects a loan of money.

loan benefit has the meaning given by section 1157G.

loan fringe benefit means a fringe benefit that is a loan benefit.
mature person means a person who has reached the age of 60 years.

metropolitan location has the meaning given by subsection (3).

non-arm’s length arrangement means an arrangement other than an arm’s length arrangement.

non-metropolitan location has the meaning given by subsection (4).

obligation, in relation to the payment or repayment of an amount, includes an obligation that is not enforceable by legal proceedings.
place of residence, in relation to a person, means: (a) a place at which the person resides; or (b) a place at which the person has sleeping accommodation; whether on a permanent or temporary basis and whether or not on a shared basis.

private use, in relation to a car and in relation to an employee or an associate of an employee, means any use of the car by the employee or associate that is not exclusively within the employee’s employment.
100 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 10A provide, in relation to a benefit, includes allow, confer, give, grant or perform.

provider, in relation to a benefit, means the person who provides the benefit.

recipient, in relation to a benefit, means the person to whom the benefit is provided.
salary or wages means salary, wages, commission, bonuses or allowances paid (whether at piece-work rates or otherwise) to an employee as such.

school means a school, college or other educational institution that provides primary or secondary level education.

school fees benefit has the meaning given by section 1157E.

school fees fringe benefit means a fringe benefit that is a school fees benefit.

special housing location has the meaning given by subsections (5) and (6).
stratum unit has the meaning given by subsection (8).

surface route means a route other than an air route.

target foreign income means foreign income that is not: (a) taxable income; or (b) received in the form of a fringe benefit.

taxi means a motor vehicle that is licensed to operate as a taxi.
unit of accommodation includes: (a) a house, flat or home unit; and (b) accommodation in a house, flat or home unit; and (c) accommodation in a hotel, hostel, motel or guesthouse; and (d) accommodation in a bunkhouse or any living quarters; and (e) accommodation in a ship, vessel or floating structure; and Social Security Act 1991 101 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 10A (f) a caravan or other mobile home.
urban centre means an area that is described as an urban centre or bounded locality in the results of the Census of Population and Housing taken by the Australian Statistician on 30 June 1981 and that were published by the Australian Statistician in the document entitled “Persons and Dwellings in Local Government Areas and Urban Centres”.
work-related travel, in relation to an employee, means: (a) travel by the employee between: (i) the employee’s place of residence; and (ii) the employee’s place of employment or any other place from which or at which the employee performs duties of his or her employment; or (b) travel by the employee that is incidental to travel in the course of performing the duties of his or her employment.
Metropolitan location (3) The following cities are metropolitan locations: (a) Adelaide; (b) Brisbane; (c) Canberra; (d) Darwin; (e) Hobart; (f) Melbourne; (g) Perth; (h) Sydney.

Non-metropolitan location (4) A unit of accommodation is in a non-metropolitan location if the unit of accommodation: (a) is in Australia; and (b) is not in a metropolitan location; and (c) is not in a special housing location.
102 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 10A Special housing location (5) A unit of accommodation is in a special housing location if the unit of accommodation is at a location that is in Australia and one of the following paragraphs applies to the unit of accommodation: (a) the unit of accommodation is at a location that is in an area that: (i) is described in Schedule 2 to the Income Tax Assessment Act; and (ii) is an urban centre with a census population of less than 28,000; (b) the unit of accommodation is at a location that is in an area that: (i) is not described in Schedule 2 to the Income Tax Assessment Act; and (ii) is an urban centre with a census population of less than 14,000; (c) at the date of commencement of this section, the unit of accommodation is at a location that is: (i) 40 kilometres or more, by the shortest practicable surface route, from the centre point of an eligible urban area with a census population of less than 130,000; or (ii) 100 kilometres or more, by the shortest practicable surface route, from the centre point of an eligible urban area with a census population of more than 130,000.
(6) For the purposes of paragraph (5)(c), the distance, by the shortest practicable surface route, between a location (the tested location) and the centre point of an eligible urban area is: (a) if there is only one location within the eligible urban area from which distances between the eligible urban area and other places are usually measured—the distance, by the shortest practicable surface route, between the tested location and that location; and (b) if there are 2 or more locations within the eligible urban area from which distances between parts of the eligible urban area and other places are usually measured—the distance, by the Social Security Act 1991 103 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 10A shortest practicable surface route, between the tested location and the location that is the principal location of those parts.
(7) A unit of accommodation is a dwelling if: (a) the unit of accommodation is constituted by, or contained in, a building; and (b) the unit consists, in whole or in substantial part, of residential accommodation.
(8) A unit is a stratum unit in relation to a dwelling if: (a) the unit is a unit on a unit plan registered under a law of a State or Territory that provides for the registration of titles of a kind known as unit titles or strata titles; and (b) the unit comprises: (i) a part of a building that contains the dwelling and consists of a flat or home unit; or (ii) a part of a parcel of land and the building containing the dwelling is constructed on that part.
Housing loan (9) A loan is taken to be a housing loan if: (a) the loan is made to, or used by, a person (whether in his or her own right or jointly with his or her partner) wholly: (i) to enable the person to acquire a prescribed interest in land on which a dwelling or a building containing a dwelling was subsequently to be constructed; or (ii) to enable the person to acquire a prescribed interest in land and construct, or complete the construction of, a dwelling or a building containing a dwelling on the land; or (iii) to enable the person to construct, or complete the construction of, a dwelling or a building containing a dwelling on land in which the person held a prescribed interest; or 104 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 10A (iv) to enable the person to acquire a prescribed interest in land on which there was a dwelling or a building containing a dwelling; or (v) to enable the person to acquire a prescribed interest in a stratum unit in relation to a dwelling; or (vi) to enable the person to extend a building that: (A) is a dwelling or contains a dwelling; and (B) is constructed on land in which the person held a prescribed interest; by adding a room or part of a room to the building or the part of the building containing the dwelling, as the case may be; or (vii) in a case where the person held a prescribed interest in a stratum unit in relation to a dwelling—to enable the person to extend the dwelling by adding a room or part of a room to the dwelling; or (viii) to enable the person to repay a loan that was made to, and used by, the person wholly for a purpose mentioned in subparagraphs (i) to (vii); and (b) at the time the loan was made, the dwelling was used or proposed to be used as the person’s usual place of residence.
Note: For prescribed interest see subsections (10) to (14).

Freehold interest (10) If: (a) a person; or (b) 2 or more persons as joint tenants or tenants in common; acquire, hold or held an estate in fee simple in land or in a stratum unit, the person or those persons are taken to acquire or hold, or to have held, a prescribed interest in that land or stratum unit.
Social Security Act 1991 105 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 10A Leasehold interest (11) If: (a) a person acquires, holds or held an interest in land or in a stratum unit as lessee or licensee under a lease or licence; and (b) the Secretary is satisfied that the lease or licence gives or gave reasonable security of tenure to the lessee or licensee, for a period of, or for periods aggregating, 10 years or more; the person is taken to acquire or hold, or to have held, a prescribed interest in that land or stratum unit.
Instalment contract (12) If: (a) a person acquires, holds or held interest in land or in a stratum unit as purchaser of an estate in fee simple in the land or in the stratum unit under an agreement; and (b) the agreement provides or provided for payment of the purchase price, or a part of the purchase price, to be made at a future time or by instalments; the person is taken to acquire or hold, or to have held, a prescribed interest in that land or stratum unit.
Right to acquire leasehold (13) If: (a) a person acquires, holds or held an interest in land or in a stratum unit as purchaser of a right to be granted a lease of the land or of the stratum unit under an agreement; and (b) the agreement provides or provided for payment of the purchase price, or a part of the purchase price, for the lease to be made at a future time or by instalments; and (c) the Secretary is satisfied that the lease will give reasonable security of tenure, to the lessee for a period of, or for periods aggregating, 10 years or more; the person is taken to acquire or hold, or to have held, a prescribed interest in that land or stratum unit.
106 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 11 Two or more persons acquiring or holding interest under subsection (11), (12) or (13) (14) If: (a) 2 or more persons acquire, hold or held an interest referred to in paragraph (11)(a), (12)(a) or (13)(a) in land or in a stratum unit as joint tenants or tenants in common; and (b) paragraph (11)(b) or (12)(b) or paragraphs (13)(b) and (c) are satisfied; those persons are taken to acquire or hold, or to have held, a prescribed interest in that land or stratum unit.
11 Assets test definitions (1) In this Act, unless the contrary intention appears: accommodation bond has the same meaning as in the Aged Care Act 1997. accommodation bond balance has the same meaning as in the Aged Care Act 1997. accommodation charge has the same meaning as in the Aged Care Act 1997. asset means property or money (including property or money outside Australia).
charge exempt resident has the same meaning as in the Aged Care (Transitional Provisions) Act 1997. daily accommodation contribution has the same meaning as in the Aged Care Act 1997. daily accommodation payment has the same meaning as in the Aged Care Act 1997. disposes of assets has the meaning given by section 1123. exempt assets means assets described in subsection 1118(1).
Social Security Act 1991 107 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 11 fishing operations means: (a) operations relating directly to the taking or catching of fish, turtles, crustacea, oysters or other shellfish; or (b) oyster farming; or (c) pearling operations; but does not include: (d) whaling; or (e) operations conducted otherwise than for the purposes of a business.
forest operations means: (a) the planting or tending in a plantation or forest of trees intended for felling; or (b) the felling of trees in a plantation or forest; but does not include operations conducted otherwise than for the purposes of a business.

homeowner has the meaning given by subsection (4).

income year has the same meaning as in the Income Tax Assessment Act 1997. pension year has the meaning given by subsections (10) and (10AAA).
primary producer means a person whose principal occupation is primary production.

primary production means production resulting directly from: (a) the cultivation of land; or (b) the maintenance of animals or poultry for the purpose of selling them or their bodily produce, including natural increase; or (c) fishing operations; or (d) forest operations; and includes the manufacture of dairy produce by the person who produced the raw material used in that manufacture.
108 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 11 principal home has the meaning given by section 11A.

reasonable security of tenure has the meaning given by subsection 11A(10).
refundable deposit has the same meaning as in the Aged Care Act 1997. refundable deposit balance has the same meaning as in the Aged Care Act 1997. unrealisable asset has the meaning given by subsections (12) and (13).

value of a charge or encumbrance on an asset has the meaning given by subsection (3).

value of a liability has the meaning given by subsection (3A).

value of a particular asset has the meaning given by subsection (2).
Note: see also sections 1118 (certain assets to be disregarded in calculating the value of a person’s assets), 1121 (effect of charge or encumbrance on value of property) and 1145-1157 (retirement villages).

(2) A reference in this Act to the value of a particular asset of a person is, if the asset is owned by the person jointly or in common with another person or persons, a reference to the value of the person’s interest in the asset.
(3) A reference in this Act to the value of a charge or encumbrance on an asset of a person is, if the asset is owned by the person jointly or in common with another person or persons, a reference to the value of that charge or encumbrance in so far as it relates to the person’s interest in the asset.

(3A) A reference in this Act to the value of a liability of a person is, if the liability is shared by the person with another person, a reference to the value of the person’s share of the liability.
Social Security Act 1991 109 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 11 (3AA) To avoid doubt, a refundable deposit balance in respect of a refundable deposit paid by a person is taken to be an asset of the person.

(3B) To avoid doubt, an accommodation bond balance in respect of an accommodation bond paid by a person is taken to be an asset of the person.
(3C) To avoid doubt, a person’s entitlement to be paid a pension bonus or pension bonus bereavement payment is taken not to be an asset of the person for the purposes of this Act.

(3D) Subsection (3C) is to be disregarded in determining whether any other entitlement is an asset for the purposes of this Act.
Homeowner (4) For the purposes of this Act: (a) a person who is not a member of a couple is a homeowner if: (i) the person has a right or interest in the person’s principal home; and (ii) the person’s right or interest in the home gives the person reasonable security of tenure in the home; and (b) a person who is a member of a couple is a homeowner if: (i) the person, or the person’s partner, has a right or interest in one residence that is: (A) the person’s principal home; or (B) the partner’s principal home; or (C) the principal home of both of them; and (ii) the person’s right or interest, or the partner’s right or interest, in the home gives the person, or the person’s partner, reasonable security of tenure in the home; and (c) a person (whether a member of a couple or not) is a homeowner while: (i) the whole or a part of the proceeds of the sale of the person’s principal home are disregarded under subsection 1118(2); or 110 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 11 (ii) the value of a residence, land or a structure is disregarded under subsection 1118(2).
Note: See also section 1145-1157 (retirement villages).
Pension year—disposal of assets (10) A reference in sections 1123 to 1128 (disposal of assets) to a pension year, in relation to a person who is receiving: (a) a social security or service pension, income support supplement or a veteran payment; or (b) a social security benefit; is a reference to: (d) if the person is a member of a couple and, immediately before the person and the person’s partner became members of that couple, the person was receiving a pension, supplement, payment or benefit referred to in paragraph (a) or (b) or a job search allowance and the person’s partner was receiving such a pension, supplement, payment or benefit or a job search allowance—the period of 12 months beginning on the day on which they became members of that couple; or (e) if: (i) the person is a member of a couple but paragraph (d) does not apply; and (ii) the person’s partner is receiving a pension, supplement, payment or benefit referred to in paragraph (a) or (b) or a job search allowance; the period of 12 months beginning on the day on which: (iii) the pension, supplement, payment or benefit referred to in paragraph (a) or (b) or the job search allowance first became payable to the person; or (iv) the pension, supplement, payment or benefit referred to in paragraph (a) or (b) or the job search allowance first became payable to the person’s partner; whichever was the earlier; or (f) otherwise—the period of 12 months beginning on the day on which a pension, supplement, payment or benefit referred to Social Security Act 1991 111 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 11 in paragraph (a) or (b) or a job search allowance first became payable to the person; and to each following and each preceding period of 12 months.
No pension year to extend beyond 30 June 2002 (10AAA) No period after 30 June 2002 is, or is a part of, a pension year of a person.

If, apart from this subsection, a period beginning before 1 July 2002 and ending on or after that date would be a pension year of a person, the part of that period that ends immediately before that date is taken to be a pension year of the person.
(10AA) References in subsection (10) to a social security benefit include references to a non-benefit PP (partnered) and a non-benefit parenting allowance.
Pre-pension year—disposal of assets (10A) A reference in sections 1124A and 1125A (disposal of assets) to a pre-pension year, in relation to a person who is claiming: (a) a social security or service pension or income support supplement; or (b) a social security benefit; or (d) a non-benefit PP (partnered); or (e) a non-benefit parenting allowance; is a reference to the period of 12 months finishing on the day that is the person’s start day and each preceding period of 12 months.
No pre-pension year to extend beyond 30 June 2002 (10B) No period after 30 June 2002 is, or is a part of, a pre-pension year of a person.

If, apart from this subsection, a period beginning before 1 July 2002 and ending on or after that date would be a pre-pension year of a person, the part of that period that ends immediately before that date is taken to be a pre-pension year of the person.
112 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 11A Unrealisable asset (12) An asset of a person is an unrealisable asset if: (a) the person cannot sell or realise the asset; and (b) the person cannot use the asset as a security for borrowing.
(13) For the purposes of the application of this Act to a social security pension (other than a pension PP (single)), an asset of a person is also an unrealisable asset if: (a) the person could not reasonably be expected to sell or realise the asset; and (b) the person could not reasonably be expected to use the asset as a security for borrowing.
11A Principal home definition for the purpose of the assets test Principal home (1) A reference in this Act to the principal home of a person includes a reference to: (a) if the principal home is a dwelling-house—the land adjacent to the dwelling-house to the extent that: (i) the land is held under the same title document as the land on which the dwelling-house is located; and (ii) the private land use test in subsection (3) is satisfied in relation to the land or, if the person is one to whom the extended land use test applies in relation to the land, the extended land use test in subsection (6) is satisfied in relation to the land; or (b) if the principal home is a flat or home unit—a garage or storeroom that is used primarily for private or domestic purposes in association with the flat or home unit.
(2) The Secretary may determine that land is to be treated, for the purpose of subparagraph (1)(a)(i), as if it were held on the same title document as other land if any of the following apply: (a) the dwelling-house is located on both blocks of land; Social Security Act 1991 113 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 11A (b) the dwelling-house is located on one of the blocks of land but that block and the other block, taken together, are a place, or are part of a place, that is protected under a law of the Commonwealth, or of a State or Territory, because of its natural, historic or indigenous heritage; (c) the alienation of one of the blocks of land without the other would seriously undermine the function of the house as a dwelling.
Note: A mere loss of amenity, such as the loss of a swimming pool, garden, tennis court or view, would not seriously undermine the function of a house as a dwelling.

Private land use test (3) The private land use test is satisfied in relation to land if: (a) the area of the land, together with the area of the ground floor of the dwelling-house, is not more than 2 hectares; and (b) the land is used primarily for private or domestic purposes in association with the dwelling-house.
To whom does the extended land use test apply?

(4) The extended land use test applies to a person in relation to land adjacent to the dwelling-house if: (a) the person has reached pension age; and (b) the person is qualified for an age pension or carer payment and that pension or payment is payable to the person; and (c) the dwelling-house has been the person’s principal home for 20 years or more continuously.
(5) Where a person (the first person) to whom the extended land use test applies in relation to land adjacent to the dwelling-house in which the person lives is a member of a couple: (a) the extended land use test applies to the first person’s partner (the second person); and (b) the extended land use test continues to apply to the second person if the first person and the second person cease to be members of a couple for any reason, provided the 114 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 11A dwelling-house continues to be the second person’s principal home.
Extended land use test (6) The extended land use test is satisfied in relation to land if: (a) the area of the land, together with the area of the ground floor of the dwelling-house, is more than 2 hectares; and (b) the Secretary determines that, given the circumstances of the person to whom the test is applied in relation to the land, the person is making effective use of the land.
(7) In determining whether a person is making effective use of the land, the Secretary is to take into account the following matters: (a) where the land is located; (b) the size of the block of land; (c) the person’s family situation; (d) the person’s health; (e) whether the land contains a dwelling-house occupied by a family member of the person, or a child of a family member of the person, receiving an income support payment; (f) whether the land is being used to support: (i) a family member of the person; or (ii) a child of a family member of the person; (g) any current commercial use of the land; (h) any potential commercial use of the land; (i) whether the person’s capacity to make commercial use of the land is diminished because the person, or the person’s partner, has responsibility for the care of another person; (j) whether the block of land is an amalgamation of 2 or more blocks and, if so: (i) when the amalgamation occurred; and (ii) whether the amalgamation reduced the potential for the land to produce personal income or to support the person; (k) environmental issues relating to the land; Social Security Act 1991 115 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 11A (l) any other matter that the Secretary considers relevant.
Effect of absences from principal home (8) A residence of a person is taken to be the person’s principal home during: (a) if the Secretary is satisfied that the residence was previously the person’s principal home but that the person left it for the purpose of going into a care situation—any period during which: (i) the person is accruing a liability to pay an accommodation charge (or would be accruing such a liability, assuming that no sanctions under Part 7B of the Aged Care Quality and Safety Commission Act 2018 were currently being imposed on the provider of the care concerned); and (ii) the person, or the person’s partner, is earning, deriving or receiving rent for the residence from another person; and Note 1: For rent, see subsection 13(2).
Note 2: A person can be liable to pay an accommodation charge only if certain conditions are met: see Division 57A of the Aged Care (Transitional Provisions) Act 1997.
(b) if the Secretary is satisfied that the residence was previously the person’s principal home but that the person left it for the purpose of going into a care situation—any period during which: (i) the person is liable to pay all or some of an accommodation bond by periodic payments (or would be liable to do so, assuming that no sanctions under Part 7B of the Aged Care Quality and Safety Commission Act 2018 were currently being imposed on the provider of the care concerned); and (ii) the person, or the person’s partner, is earning, deriving or receiving rent for the residence from another person; and 116 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 11A (ba) if the Secretary is satisfied that the residence was previously the person’s principal home but that the person left it for the purpose of going into a care situation—any period during which: (i) the person is liable to pay all or some of a daily accommodation payment or a daily accommodation contribution (or would be so liable to do so, assuming that no sanctions under Part 7B of the Aged Care Quality and Safety Commission Act 2018 were currently being imposed on the provider of the care concerned); and (ii) the person, or the person’s partner, is earning, deriving or receiving rent for the residence from another person; and (c) any period during which the residence is, because of paragraph (a), (b) or (ba), the principal home of the person’s partner.
Note: This subsection is not meant to imply that a person may have more than one principal home at the same time.

(8A) Subsection (8) does not apply in relation to a person who first enters a residential care service or a flexible care service on or after the commencement of this subsection.
(8B) Subsection (8) does not apply, and never again applies, in relation to a person if: (a) the person enters a residential care service or a flexible care service on or after the commencement of this subsection; and (b) that entry occurs more than 28 days after the day the person last ceased being provided with residential care or flexible care through a residential care service or a flexible care service (other than because the person was on leave).
(8C) An expression used in subsection (8A) or (8B) and in the Aged Care Act 1997 has the same meaning in that subsection as in that Act.
Social Security Act 1991 117 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 11A (9) A residence of a person is to be taken to continue to be the person’s principal home during: (a) any period (not exceeding 12 months or any longer period determined under subsection (9A) or (9B)) during which the person is temporarily absent from the residence; and (b) if the person is in a care situation or residential care—the period of 2 years beginning when the person started to be in a care situation or residential care; and (c) any period during which: (i) the person is in a care situation or residential care; and (ii) the residence is, or because of paragraph (a) or (b) continues to be, the principal home of the person’s partner; and (d) if: (i) the person is in a care situation or residential care; and (ii) the person’s partner dies while in a care situation or residential care; and (iii) the person’s partner had been in a care situation or residential care for less than 2 years; the period of 2 years beginning at the time the person’s partner started to be in a care situation or residential care; and (e) where: (i) the person is in a care situation or residential care; and (ii) the person’s partner dies while not in a care situation or residential care; the period of 2 years from the partner’s death; and (f) any period of up to 2 years while the person is absent from the residence and is personally providing a substantial level of care in another private residence for another person who needs, or in the Secretary’s opinion is likely to need, that level of care in a private residence for at least 14 consecutive days.
Note: For in a care situation, see subsection 13(9); for in residential care see subsection 23(4CA).
118 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 11A (9A) For the purposes of paragraph (9)(a), the Secretary may determine, in writing, a period of up to 24 months if: (a) a person’s principal home is lost or damaged (including, for example, by a natural disaster); and (b) the loss or damage was not wilfully caused by the person; and (c) the person is making reasonable attempts, as a result of the loss or damage, to: (i) rebuild or repair the principal home; or (ii) sell the principal home in order to purchase or build another residence that is to be the person’s principal home; or (iii) purchase or build another residence that is to be the person’s principal home; and (d) the person has made those attempts within a reasonable period after the loss or damage; and (e) the person has experienced delays beyond his or her control in: (i) rebuilding, repairing or selling the principal home; or (ii) purchasing or building the other residence.
(9B) For the purposes of paragraph (9)(a), the Secretary may, in relation to a person and a residence of the person, determine, in writing, a longer period if: (a) the Secretary is satisfied that the person is temporarily absent from that residence because the person is absent from Australia; and (b) the Secretary is satisfied that the person’s absence from Australia is temporary; and (c) the Secretary is satisfied that the person is unable to return to Australia before the end of the following period because of circumstances beyond the person’s control: (i) the 12 months mentioned in paragraph (9)(a), unless subparagraph (ii) of this paragraph applies; Social Security Act 1991 119 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 12 (ii) if the Secretary has determined a period under subsection (9A) in relation to the person and that residence—that period.
Reasonable security of tenure (10) If a person has a right or interest in the person’s principal home, the person is to be taken to have a right or interest that gives the person reasonable security of tenure in the home unless the Secretary is satisfied that the right or interest does not give the person reasonable security of tenure in the home.
Definition of title document (11) In this section: title document, in relation to land, means: (a) in relation to land title which is registered under a Torrens system of registration—the certificate of title for the land; or (b) in any other case—the last instrument by which title to the land was conveyed.

Application of the Legislation Act 2003 (12) A determination under subsection (2) or paragraph (6)(b) is not a legislative instrument.
12 Retirement villages definitions (1) In this Act: member of an ordinary couple with different principal homes has the meaning given by subsection (2).

retirement village has the meaning given by subsections (3) and (4).

retirement village resident has the meaning given by subsection (5).
120 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 12 (2) A person is a member of an ordinary couple with different principal homes if: (a) the person is a member of a couple; and (b) the person does not share the person’s principal home with the person’s partner; and (c) the person is not a member of an illness separated couple.
(3) Premises constitute a retirement village for the purposes of this Act if: (a) the premises are residential premises; and (b) accommodation in the premises is primarily intended for persons who are at least 55 years old; and (c) the premises consist of: (i) one or more of the following kinds of accommodation: (A) self-care units; (B) serviced units; (C) hostel units; and (ii) communal facilities for use by occupants of the units referred to in subparagraph (i).
(3A) For the purposes of paragraph (3)(b), if accommodation in premises is primarily intended for persons who are a certain age that is more than 55 years, the accommodation in those premises is taken to be primarily intended for persons who are at least 55 years old.

(4) Residential premises are also to be taken to constitute a retirement village for the purposes of this Act if the Secretary is satisfied that the residential premises have similar functions to those referred to in subsection (3).
(5) A person is a retirement village resident if the person’s principal home is in a retirement village.

Note: Subsection (3A) was inserted as a response to the decision of the Federal Court in Repatriation Commission v Clarke (unreported, VG73 of 1991).
Social Security Act 1991 121 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 12A 12A Granny flat definitions (1) In this Act, unless the contrary intention appears: granny flat interest has the meaning given by subsection (2).

granny flat resident has the meaning given by subsection (3).
(2) A person has a granny flat interest in the person’s principal home if: (a) the residence that is the person’s principal home is a private residence; and (b) the person has acquired for valuable consideration or has retained: (i) a right to accommodation for life in the residence; or (ii) a life interest in the residence.

(3) A person is a granny flat resident if the person has a granny flat interest in the person’s principal home.
12B Sale leaseback definitions (1) In this Act, unless the contrary intention appears: deferred payment amount has the meaning given by subsections (6), (7) and (8).

initial payment amount has the meaning given by subsection (4).

sale leaseback agreement has the meaning given by subsections (2) and (3).

sale leaseback home has the meaning given by subsection (9).

sale leaseback resident has the meaning given by subsections (10) and (11).
(2) An agreement is a sale leaseback agreement, in relation to a person, if: 122 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 12B (a) under the agreement the person agrees to sell his or her principal home; and (b) the residence that is the person’s principal home is a private residence; and (c) under the agreement the person retains a right to accommodation in the residence; and (d) under the agreement the buyer is to pay an amount when the person vacates the residence or when the person dies.
(3) An agreement is also a sale leaseback agreement if the Secretary is satisfied that the agreement is substantially similar in its effect to an agreement referred to in subsection (2).

(4) The initial payment amount, in relation to a sale leaseback agreement, is the amount that the Secretary determines to be the initial amount that the buyer is to pay under the sale leaseback agreement.
(5) In making the determination the Secretary is to have regard to the following: (a) the consideration to be provided by the parties to the sale leaseback agreement; (b) when that consideration is to be provided; (c) the payments that are to be made under the sale leaseback agreement; (d) when those payments are to be made; (e) any other relevant matters.
(6) The deferred payment amount, in relation to a sale leaseback agreement, is the total amount to be paid by the buyer under the sale leaseback agreement less the initial payment amount.

(7) If the Secretary considers that, for any special reason in a particular case, the deferred payment amount should be another amount, the deferred payment amount is that other amount.

Note: Sections 1123 to 1128 (disposal of assets) may be relevant to working out the deferred payment amount.
Social Security Act 1991 123 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 12C (8) Without limiting subsection (7), the Secretary may consider that the deferred payment amount should be another amount if: (a) the parties to the sale leaseback agreement are not at arm’s length; or (b) the parties to the sale leaseback agreement have undervalued the sale leaseback home so as to reduce the total amount to be paid by the buyer under the agreement.
(9) A residence is a sale leaseback home if the residence is subject to a sale leaseback agreement.

(10) A person is a sale leaseback resident if: (a) the person’s principal home is subject to a sale leaseback agreement; and (b) the person is a party to the sale leaseback agreement.

(11) If a person is a member of a couple, the person is a sale leaseback resident if: (a) the person lives in the sale leaseback home; and (b) the person’s partner is a sale leaseback resident.
Note: Subsection (11) will only be used if a person is not a sale leaseback resident under subsection (10).

12C Special residence and residents definitions (1) In this Act, unless the contrary intention appears: special residence has the meaning given by subsection (2).

special resident has the meaning given by subsection (3).

(2) A residence is a special residence if the residence is: (a) in a retirement village; or (b) a granny flat; or (c) a sale leaseback home.
(3) A person is a special resident if the person is: (a) a retirement village resident; or 124 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 13 (b) a granny flat resident; or (c) a sale leaseback resident.
(4) In Division 5 of Part 3.12 (sections 1145A to 1157), a reference to the actual value of the assets of a member of a couple is a reference to the value of the assets that are actually assets of the person rather than the person’s partner, that is, the value that would be the value of the person’s assets apart from the couple’s assets deeming provisions.
(5) In subsection (4): couple’s assets deeming provisions means: (a) Pension Rate Calculator A (point 1064-G2); and (ba) subsections 500Q(4) and (5); and (d) section 612; and (f) subsection 895(2); and (g) section 734.

13 Rent definitions (1) In this Act, unless the contrary intention appears: amount of rent paid or payable has the meaning given by subsections (6) and (7).
board, when used in the expression board and lodging, means the provision of meals on a regular basis in connection with the provision of lodging.
Government rent means rent payable to any of the following authorities: (a) The Housing Commission of New South Wales; (b) the Director, within the meaning of the Housing Act 1983 of the State of Victoria; (c) The Queensland Housing Commission; (d) The Corporation of the Director of Aboriginal and Islanders Advancement established by a law of Queensland; Social Security Act 1991 125 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 13 (e) the South Australian Housing Trust; (f) The State Housing Commission established by a law of Western Australia; (g) the Director-General of Housing and Construction holding office under a law of Tasmania; (h) the Northern Territory Housing Commission; (j) The Commissioner for Housing within the meaning of the Housing Assistance Act 1987 of the Australian Capital Territory.
Note: Rent payable by a person for living in premises in respect of which someone else pays Government rent may also be regarded as Government rent (see subsection (3AC)).
ineligible homeowner means a homeowner other than: (a) a person who is a homeowner by virtue of paragraph 11(4)(c); or (b) a person who: (i) is absent from the person’s principal home, in relation to which the person is a homeowner; and (ii) is personally providing a substantial level of care in another private residence for another person who needs, or in the Secretary’s opinion is likely to need, that level of care in a private residence for at least 14 consecutive days; and (iii) has been absent from the principal home for less than 2 years while providing care as described in subparagraph (ii); or (c) a person who is in a care situation but is not residing in a retirement village; or (d) a person who pays amounts for the use of a site for a caravan or other vehicle, or a structure, that is the person’s principal home; or (e) a person who pays amounts for the right to moor a vessel that is the person’s principal home.
Note: For approved respite care see subsection 4(9), for in a care situation see subsection 13(9), for retirement village see subsections 12(3) and 126 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 13 (4), for homeowner see subsection 11(4) and for principal home see section 11A.

rent has the meaning given by this section.

residing in a nursing home has the meaning given by subsection (8).
(2) Amounts are rent in relation to the person if: (a) the amounts are payable by the person: (i) as a condition of occupancy of premises, or of a part of premises, occupied by the person as the person’s principal home; or (ia) as a condition of occupancy of premises, or of a part of premises, occupied by the person to allow him or her to provide personally a substantial level of care in a private residence for another person who needs, or in the Secretary’s opinion is likely to need, that level of care in a private residence for at least 14 consecutive days; or (ii) for services provided in a retirement village that is the person’s principal home; or (iii) if the person is in a care situation and the place where the person receives the care is the person’s principal home or would be the person’s principal home apart from subsection 11A(8) or (9)—for accommodation in the place where the person receives care; or (iv) for lodging in premises that are the person’s principal home; or (v) for the use of a site for: (A) a caravan or other vehicle; or (B) a structure; occupied by the person as the person’s principal home; or (vi) for the right to moor a vessel that is occupied by the person as the person’s principal home; and Social Security Act 1991 127 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 13 (b) either: (i) the amounts are payable every 3 months or more frequently; or (ii) the amounts are payable at regular intervals (greater than 3 months) and the Secretary is satisfied that the amounts should be treated as rent for the purposes of this Act.
Note: For retirement village see subsections 12(3) and (4) and for principal home see section 11A.
(2A) If: (a) youth allowance is payable to a person; and (b) the person is not independent (see section 1067A) and is required to live away from home (see section 1067D); and (c) the person is attending boarding school while living away from home; then, for the purposes of subsection (2): (d) the boarding school is taken to be the person’s principal home while the person is attending the school; and (e) any fees charged for attending the boarding school are taken to be payable by the person.
(3) Subparagraphs (2)(a)(ii) to (vi) (inclusive) do not limit the generality of subparagraph (2)(a)(i).
(3AA) To avoid doubt, an amount that is paid or becomes payable by a person is not rent in relation to the person (either at the time when it is paid or becomes payable or at any later time) if the amount is, or forms part of, a special resident’s entry contribution in relation to the person in respect of a retirement village under section 1147, whether the amount is paid or payable (whether wholly or partly) in a lump sum, by instalments or otherwise.
(3AB) If the whole or any part of an amount that is not rent in relation to a person as mentioned in subsection (3AA) is, or will or may become, repayable to the person, any amount by which the amount so repayable is reduced is not rent in relation to the person (either at the time when the reduction occurs or at any later time).
128 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 13 (3AC) If a person pays, or is liable to pay, rent for living in premises in respect of which someone else pays Government rent (other than Government rent paid at or above a rate that the authority receiving the rent has told the Department is the market rate), the rent paid or payable by the person for living in those premises is taken to be Government rent, unless the person shares the premises with the person who pays, or is liable to pay, Government rent in respect of those premises and the person’s income has been taken into account in calculating the amount of Government rent payable in respect of those premises.
(3A) If a person is in a care situation and the person’s principal home is not the place where the person receives the care, the person’s rent may be an amount described in any of the subparagraphs of paragraph 13(2)(a) that applies to the person but cannot include amounts described in different subparagraphs of paragraph 13(2)(a).

Note: Under subsection 11A(8) or (9), the principal home of a person in a care situation may be a place other than the place where the person receives care.
(3B) If an amount described in subparagraph 13(2)(a)(ia) and an amount described in another subparagraph of paragraph 13(2)(a) are payable by a person, the person’s rent may be an amount described in either of those subparagraphs but cannot include amounts described in different subparagraphs.

Note: Under subsection 11A(8) or (9), premises occupied by a person as described in subparagraph 13(2)(a)(ia) may not be the person’s principal home.
(5) If a law of a State, the Northern Territory or the Australian Capital Territory alters the name of an authority referred to in the definition of Government rent in subsection (1), a reference to that authority in that definition is to be construed as a reference to the authority under the new name.
Board and lodging (6) Where: Social Security Act 1991 129 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 13 (a) a person pays, or is liable to pay, amounts for board and lodging; and (b) it is not possible to work out the part of each of those amounts that is paid or payable for lodging; the amount of rent paid or payable by the person is, for the purposes of this Act, to be taken to be two-thirds of the amounts paid or payable as mentioned in paragraph (a).
Nursing homes (7) Where: (a) a person in a care situation pays, or is liable to pay, amounts for accommodation and other services in the care situation; and (b) it is not possible to work out the part of each of those amounts that is paid or payable in respect of accommodation; the amount of rent paid or payable by the person is, for the purposes of this Act, to be taken to be two-thirds of the amounts paid or payable as mentioned in paragraph (a).
(8) Unless the contrary intention appears, a reference in this Act to a person residing in a nursing home is a reference to a person who is: (a) residing in premises at which accommodation is provided exclusively or principally for persons who have a mental disability; or (c) a nursing-home type patient, within the meaning of the Health Insurance Act 1973, of a hospital.
(8A) Subject to subsections (8B) and (8C), a person is an aged care resident for the purposes of this Act if: (a) the person is in residential care; and (b) an approval for residential care or flexible care under Part 2.3 of the Aged Care Act 1997 is in force in respect of the person.
(8B) Without limiting subsection (8A), a person is taken not to be an aged care resident if: 130 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 14 (a) the person is in approved respite care, and has been in approved respite care for a continuous period of 52 days or less; and (b) immediately before the person became a person in approved respite care, the person was receiving rent assistance.
(8C) The Secretary may determine, for the purposes of subsection (8A), that a person is taken not to be an aged care resident on a day that occurs: (a) after the person in fact became an aged care resident; and (b) before the day occurring 15 days after the person in fact became an aged care resident; if the Secretary is satisfied that, immediately before the day, the person was liable to pay rent.
(8D) In this section, rent assistance means an amount paid or payable under this Act to help cover the cost of rent.
(9) For the purposes of this Act, unless the contrary intention appears, a person is in a care situation if: (a) the person is residing in a nursing home; or (b) the person needs and has been receiving a substantial level of care in a private residence for at least 14 consecutive days; or (c) in the Secretary’s opinion, the person needs and is likely to receive, a substantial level of care in a private residence for at least 14 consecutive days.
14 Remote area definitions (1) In this Act, unless the contrary intention appears: physically present in a remote area has the meaning given by subsection (2).
remote area means: (a) those parts of Australia referred to in paragraphs 1 and 2 of Part I of Schedule 2 to the Income Tax Assessment Act; and Social Security Act 1991 131 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 14A (aa) those parts of Australia referred to in Part II of Schedule 2 to the Income Tax Assessment Act that are more than 250 kilometres by the shortest practicable surface route from the centre point of the nearest urban centre with a census population (within the meaning of that Act) of 2,500 or more; and (ab) those places in Australia that, for the purposes of the Income Tax Assessment Act, are treated by the Commissioner for Taxation as being in a part of Australia referred to in paragraph (aa); and (ac) Norfolk Island; and (b) the Territory of Cocos (Keeling) Islands; and (c) the Territory of Christmas Island; and (d) Lord Howe Island.
(2) If: (a) a person’s usual place of residence is in the remote area; and (b) the person is absent from the remote area for a period; the person is to be taken to be physically present in the remote area during: (c) if the period does not exceed 8 weeks—the whole of that period; or (d) if the period exceeds 8 weeks—the first 8 weeks of that period.
14A Social security benefit liquid assets test definitions (1) For the purposes of Parts 2.11, 2.11A, 2.12 and 2.23A and Division 3A of Part 3 of the Administration Act: liquid assets, in relation to a person, means the person’s cash and readily realisable assets, and includes: (a) the person’s shares and debentures in a public company within the meaning of the Corporations Act 2001; and (b) amounts deposited with, or lent to, a bank or other financial institution by the person (whether or not the amount can be withdrawn or repaid immediately); and 132 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 14A (c) amounts due, and able to be paid, to the person by, or on behalf of, a former employer of the person; but does not include: (d) a roll-over superannuation benefit (within the meaning of the Income Tax Assessment Act 1997); or (daa) a superannuation lump sum (within the meaning of that Act) that is a contributions-splitting superannuation benefit (within the meaning of that Act); or (dac) the surrender value of a life policy (within the meaning of the Life Insurance Act 1995); or (da) an amount of an AGDRP that the person received, if the Secretary is satisfied that the length of time since receiving the payment is still reasonable in the circumstances; or (db) an amount of an AVTOP that the person received, if the Secretary is satisfied that the length of time since receiving the payment is still
 reasonable in the circumstances; or (dc) the sum of NDIS amounts paid to the person and any return on those amounts that the person earns, derives or receives, less the sum of amounts spent by the person in accordance with an NDIS plan under which the amounts were paid; or (e) in the case of a person who: (i) has claimed or is receiving a youth allowance or an austudy payment; and (ii) is undertaking a tertiary course of education in any year or part of a year; an amount necessary to cover the reasonable
 expenses incurred, or likely to be incurred, by the person in that year or that part of a year and that are directly related to his or her undertaking the course, including: (iii) up front course fees; and (iv) HECS payments; and (v) union fees; and (vi) costs of text books; and (vii) costs of any tools or equipment required to undertake the course, including computer software; and Social Security Act 1991 133 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 14A (viii) expenses directly related to any field trips undertaken for the purposes of the course; and (ix) such other expenses as are approved by the Secretary.
maximum reserve, in relation to a person, means: (a) if the person is not a member of a couple and does not have a dependent child—$5,000; or (b) in any other case—$10,000.

(2) For the purposes of Parts 2.11, 2.11A, 2.12 and 2.23A and Division 3A of Part 3 of the Administration Act, a person’s liquid assets are to be taken to include: (a) the liquid assets of the person’s partner; and (b) the liquid assets of the person and the person’s partner.
(3) If: (a) during the 4 weeks immediately before a person claims youth allowance, austudy payment or jobseeker payment, the person or the person’s partner transfers liquid assets to a person of any age who is the natural child, adopted child or relationship child of the person or the partner; and (b) either: (i) the person transferring receives no consideration or inadequate consideration, in money or money’s worth for the transfer; or (ii) the Secretary is satisfied that the purpose, or the dominant purpose, of the transfer was to enable the claimant to obtain youth allowance, austudy payment or jobseeker payment; then the transfer is to be taken, for the purposes of this section, not to have occurred.
(4) If: (a) a person sells the person’s principal home; and 134 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 14A (b) the person is likely, within 12 months, to apply the whole or part of the proceeds of the sale in acquiring another residence that is to be the person’s principal home; so much of the proceeds of the sale as the person is likely to apply in acquiring the other residence is to be disregarded during that period for the purposes of determining the amount of the person’s liquid assets.
(5) If: (a) a person has or had a debt not related to the person’s principal home or to any other residential property in which the person holds or held, solely or jointly, any right or interest; and (b) since becoming unemployed or incapacitated for work or study (as the case requires), the person has, in order to discharge the debt in whole or in part, made a payment that the person was not obliged to make; and (c) since becoming unemployed or incapacitated for work or study (as the case requires), the person had not already made such a payment in order to discharge that debt in part; the amount of the payment referred to in paragraph (b) is to be disregarded for the purposes of determining the amount of the person’s liquid assets.
(5A) If: (a) a person has or had a debt not related to the person’s principal home or to any other residential property in which the person holds or held, solely or jointly, any right or interest; and (b) since becoming qualified for youth allowance or austudy payment (as the case requires), the person has, in order to discharge the debt in whole or in part, made a payment that the person was not obliged to make; and (c) since becoming qualified for youth allowance or austudy payments (as the case requires), the person had not already made such a payment in order to discharge that debt in part; Social Security Act 1991 135 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 16 the amount of the payment referred to in paragraph (b) is to be disregarded for the purposes of determining the amount of the person’s liquid assets.
(6) For the purpose of determining whether a liquid assets test waiting period applies in relation to a claim for a social security benefit, subsection (5) can apply to a payment made after the claim if the payment is made before such a liquid assets test waiting period would end under section 549A, 575A or 598 (whichever is applicable).
(7) For the purposes of Division 3A of Part 3 of the Administration Act, a person is in severe financial hardship if the value of the person’s liquid assets does not exceed: (a) if the person is not a member of a couple and does not have a dependent child—$2,500; or (b) in any other case—$5,000.
16 Industrial action definitions (1) In this Act, unless the contrary intention appears: industrial action means any of the following that is not authorised by the employer of the person concerned: (a) the performance of work in a manner different from that in which it is customarily performed, or the adoption of a practice in relation to work, result of which is a restriction or limitation on, or a delay in, the performance of the work; (b) a ban, limitation or restriction on the performance of work or on acceptance of, or offering for, work; (c) a failure or refusal by a person to attend for work or a failure or refusal to perform any work at all by a person who attends for work.
Note: See also subsection (2).

trade union includes any organisation or association of employees (whether corporate or unincorporate) that exists or is carried on for 136 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 16A the purpose, or for purposes that include the purpose, of furthering the interests of its members in relation to their employment.

Note: See also subsection (3).


unemployment, in relation to a person, includes: (a) unemployment of the person arising from: (i) a person or persons being, or having been, engaged in industrial action; and (ii) the termination of the person’s employment; and (b) a situation where the person: (i) is, or has been, stood down from the person’s employment or work; or (ii) is, or has been, suspended from the person’s employment or work.
Industrial action (2) For the purposes of the definition of industrial action in subsection (1), conduct that relates to part only of the duties that a person is required to perform in the course of his or her employment is capable of being industrial action.

Trade unions divided into branches (3) If a trade union is divided into branches (whether or not the branches are themselves trade unions), persons who are members of the respective branches are taken to be members of the trade union.
16A Seasonal work definitions Definitions (1) In this Act, unless the contrary intention appears: relevant AWOTE, in relation to a calendar year, means the amount that, under the heading “Trend Estimates” in the document entitled “Average Weekly Earnings, States and Australia” last published by Social Security Act 1991 137 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 16A the Australian Bureau of Statistics before 1 January in that year, is specified as being the full-time adult ordinary time earnings for Australia for the quarter to which the document relates.
seasonal work means: (a) work that, because of its nature or of factors peculiar to the industry in which it is performed, is available, at approximately the same time or times every year, for part or parts only of the year; or (aa) work: (i) that is intermittent; and (ii) that is to be performed for a period of less than 12 months; and (iii) that is to be performed for a specified period or a period that can reasonably be calculated by reference to the completion of a specified task; and (iv) for which the person performing the work does not accrue leave entitlements; or (b) work that is intermittent and is determined, under subsection (2), to be seasonal work for the purposes of this Act.
Examples: Examples of work described in paragraph (a) are fishing, fruit picking, shearing and work in an industry that is subject to Christmas shutdowns.

Examples of work that is intermittent are relief teaching and work as a locum.
seasonal work income means gross income from seasonal work less amounts necessarily expended in relation to that seasonal work that the person can demonstrate are allowable deductions for the purposes of the Income Tax Assessment Act 1936 or the Income Tax Assessment Act 1997, as the case may be.

seasonal work preclusion period has the meaning given by subsections (3) and (4).

subject to a seasonal work preclusion period has the meaning given by subsection (11).
138 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 16A (1A) Paragraph (aa) of the definition of seasonal work in subsection (1) does not apply to a person undertaking seasonal work if the person was receiving income support payments (whether or not the kind of payment received has changed over the period and whether any part of it occurred before or after the commencement of this section) in respect of a continuous period exceeding 12 months immediately before the person commenced the seasonal work.
Secretary’s determination—seasonal work (2) The Secretary may, by legislative instrument, determine that a specified kind of work that is intermittent is seasonal work for the purposes of this Act.
Seasonal work preclusion periods (3) If: (a) a person is not a member of a couple; and (b) the person has made a claim for jobseeker payment, widow allowance, youth allowance, special benefit, parenting payment, disability support pension, carer payment or austudy payment; and (c) the person was engaged in seasonal work at any time during the 6 months immediately before the day on which the person lodged the claim; the person’s seasonal work preclusion period in relation to the claim is the period consisting of the number of weeks worked out under subsection (5) that starts on the day on which the claim was lodged.
(4) If: (a) a person is a member of a couple; and (b) the person has made a claim for jobseeker payment, partner allowance, parenting payment, youth allowance, special benefit, disability support pension, carer payment or austudy payment; and Social Security Act 1991 139 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 16A (c) the person, or the person’s partner, or both, were engaged in seasonal work at any time during the 6 months immediately before the day on which the person lodged the claim; the person’s seasonal work preclusion period in relation to the claim is the period consisting of the number of weeks worked out under subsection (6), (7) or (8) that starts on the day on which the claim was lodged.
(5) If the person is not a member of a couple, the number of weeks in the person’s seasonal work preclusion period is worked out as follows: Method statement Step 1.

Step 2.

Identify each period of continuous seasonal work by the person that ended during the 6 months immediately before the day on which the claim was lodged.
If the person has performed seasonal work during 2 periods that are less than 14 days apart, the periods of work and the intervening period are taken to be one continuous period during which the person has performed seasonal work.

If a period identified in Step 1 has already been taken into account when working out a seasonal work preclusion period in relation to a previous claim by the person (whether for the same or a different allowance or payment), disregard the period.
Each remaining period is called a relevant period of seasonal work.

Step 3.

Work out the amount of seasonal work income earned by the person during each of the person’s relevant periods of seasonal work, disregarding any income by way of a lump sum that was earned during that period but was not paid to the person before the day on which the claim was lodged.

Step 4.

Add together the amounts worked out in Step 3.

The result is called the person’s seasonal work earnings.
140 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 16A Step 5.

Divide the person’s seasonal work earnings by the amount of the relevant AWOTE for the calendar year in which the claim was lodged.
The result is called the person’s AWOTE weeks and represents the number of weeks (including any part of a week) that a person paid at a rate equal to the relevant AWOTE for that calendar year would have to work to earn an amount equal to the person’s seasonal work earnings.

Step 6.

Work out the number of weeks in the person’s relevant periods of seasonal work by dividing the total number of days included in those periods by 7.
The result (including any part of a week) is called the person’s seasonal work weeks.

Step 6A.

If there is a period between one relevant period of seasonal work and another, or between a relevant period of seasonal work and the day on which the claim was lodged, work out the number of weeks in the period (the intervening period).

This is done by dividing the total number of days in the intervening period by 7.

Step 6B.
Step 6B.

If there is more than one intervening period, add together the number of weeks worked out for each intervening period.

The result (including any part of a week) is called the person’s intervening weeks.

Step 6C.

Add together the number of seasonal work weeks worked out under Step 6 and the number of intervening weeks (if any) worked out under Step 6B.

The result (including any part of a week) is called the person’s self-supported weeks.
Social Security Act 1991 141 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 16A Step 7.

Subtract the person’s self-supported weeks from the person’s AWOTE weeks.

The result (rounded down, if necessary, to the nearest whole number) is the number of weeks in the person’s seasonal work preclusion period.

If the result is a negative number, the number of weeks in the period is taken to be nil.
Note 1: For relevant AWOTE see subsection (1).

Note 2: For seasonal work see subsection (1).

Note 3: For seasonal work income see subsection (1).
(6) If: (a) the person is a member of a couple; and (b) the person was engaged in seasonal work at any time during the 6 months immediately before the day on which the person lodged the claim (the relevant period); and (c) the person’s partner was not engaged in seasonal work at any time during the relevant period; the number of weeks in the person’s seasonal work preclusion period is worked out as follows: Method statement Step 1.

Step 2.
Step 2.

Identify each period of continuous seasonal work by the person that ended during the 6 months immediately before the day on which the claim was lodged.

If the person has performed seasonal work during 2 periods that are less than 14 days apart, the periods of work and the intervening period are taken to be one continuous period during which the person has performed seasonal work.
If a period identified in Step 1 has already been taken into account when working out a seasonal work preclusion period in relation to a previous claim by the person (whether for the same or a different allowance or payment), disregard the period.

Each remaining period is called a relevant period of seasonal work.

142 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 16A Step 3.
Work out the amount of seasonal work income earned by the person during each of the person’s relevant periods of seasonal work, disregarding any income by way of a lump sum that was earned during that period but was not paid to the person before the day on which the claim was lodged.

Step 4.

Add together the amounts worked out in Step 3.

The result is called the person’s seasonal work earnings.

Step 5.
Step 5.

Work out the total amount of income from personal exertion earned by the person’s partner during the person’s relevant periods of seasonal work.

Add the amount obtained to the person’s seasonal work earnings.

The result is called the couple’s combined earnings.

Step 6.

Divide the couple’s combined earnings by twice the amount of the relevant AWOTE for the calendar year in which the claim was lodged.
The result is called the couple’s AWOTE weeks and represents the number of weeks (including any part of a week) that 2 persons, each paid at a rate equal to the relevant AWOTE for that calendar year, would have to work to earn together an amount equal to the couple’s combined earnings.

Step 7.

Work out the number of weeks in the person’s relevant periods of seasonal work by dividing the total number of days included in those periods by 7.
The result (including any part of a week) is called the person’s seasonal work weeks.

Step 7A.

If there is a period between one relevant period of seasonal work and another, or between a relevant period of seasonal work and the day on which the claim was lodged, work out the number of weeks in the period (the intervening period).

This is done by dividing the total number of days in the intervening period by 7.
Social Security Act 1991 143 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 16A Step 7B.

If there is more than one intervening period, add together the number of weeks worked out for each intervening period.

The result (including any part of a week) is called the person’s intervening weeks.

Step 7C.
Step 7C.

Add together the number of seasonal work weeks worked out under Step 7 and the number of intervening weeks (if any) worked out under Step 7B.

The result (including any part of a week) is called the person’s self-supported weeks.

Step 8.

Subtract the person’s self-supported weeks from the couple’s AWOTE weeks.

The result (rounded down, if necessary, to the nearest whole number) is the number of weeks in the person’s seasonal work preclusion period.
If the result is a negative number, the number of weeks in the period is taken to be nil.

Note 1: For relevant AWOTE see subsection (1).

Note 2: For seasonal work see subsection (1).

Note 3: For seasonal work income see subsection (1).
(7) If: (a) the person is a member of a couple; and (b) the person was not engaged in seasonal work at any time during the 6 months immediately before the day on which the person lodged the claim (the relevant period); and (c) the person’s partner was engaged in seasonal work at any time during the relevant period; the number of weeks in the person’s seasonal work preclusion period is worked out as follows: 144 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 16A Method statement Step 1.
Identify each period of continuous seasonal work by the partner that ended during the 6 months immediately before the day on which the claim was lodged.

If the partner has performed seasonal work during 2 periods that are less than 14 days apart, the periods of work and the intervening period are taken to be one continuous period during which the partner has performed seasonal work.

Step 2.
Step 2.

If a period identified in Step 1 has already been taken into account when working out a seasonal work preclusion period in relation to a previous claim by the person (whether for the same or a different allowance or payment), disregard the period.

Each remaining period is called a relevant period of seasonal work.

Step 3.

Work out the total amount of income from personal exertion earned by the person during the partner’s relevant periods of seasonal work.
The result is called the person’s earnings.

Step 4.

Work out the amount of seasonal work income earned by the partner during each of the partner’s relevant periods of seasonal work, disregarding any income by way of a lump sum that was earned during that period but was not paid to the partner before the day on which the claim was lodged.

Step 5.

Add together the amounts worked out in Step 4.

The result is called the partner’s seasonal work earnings.

Step 6.
Step 6.

Add the partner’s seasonal work earnings and the person’s earnings.

The result is called the couple’s combined earnings.

Social Security Act 1991 145 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 16A Step 7.

Divide the couple’s combined earnings by twice the amount of the relevant AWOTE for the calendar year in which the claim was lodged.
The result is called the couple’s AWOTE weeks and represents the number of weeks (including any part of a week) that 2 persons, each paid at a rate equal to the relevant AWOTE for that calendar year, would have to work to earn together an amount equal to the couple’s combined earnings.

Step 8.

Work out the number of weeks in the partner’s relevant periods of seasonal work by dividing the total number of days included in those periods by 7.
The result (including any part of a week) is called the partner’s seasonal work weeks.

Step 8A.

If there is a period between one relevant period of seasonal work and another, or between a relevant period of seasonal work and the day on which the claim was lodged, work out the number of weeks in the period (the intervening period).

This is done by dividing the total number of days in the intervening period by 7.

Step 8B.
Step 8B.

If there is more than one intervening period, add together the number of weeks worked out for each intervening period.

The result (including any part of a week) is called the partner’s intervening weeks.

Step 8C.

Add together the number of seasonal work weeks worked out under Step 8 and the number of intervening weeks (if any) worked out under Step 8B.

The result (including any part of a week) is called the partner’s self-supported weeks.
146 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 16A Step 9.

Subtract the partner’s self-supported weeks from the couple’s AWOTE weeks.

The result (rounded down, if necessary, to the nearest whole number) is the number of weeks in the person’s seasonal work preclusion period.

If the result is a negative number, the number of weeks in the period is taken to be nil.
Note 1: For relevant AWOTE see subsection (1).

Note 2: For seasonal work see subsection (1).

Note 3: For seasonal work income see subsection (1).

(8) If: (a) the person is a member of a couple; and (b) both the person and the person’s partner have engaged in seasonal work during the 6 months immediately before the day on which the claim was lodged; the number of weeks in the person’s seasonal work preclusion period is worked out as follows: Method statement Step 1.
Work out what would be the number of weeks in the person’s seasonal work preclusion period if subsection (6) applied to the person.

Step 2.

Work out what would be the number of weeks in the person’s seasonal work preclusion period if subsection (7) applied to the person.

Step 3.

Compare the number of weeks in each period.

The number of weeks in the person’s seasonal work preclusion period is equal to the number of weeks in the longer of the 2 periods.
Social Security Act 1991 147 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 16B Subject to a seasonal work preclusion period (11) If a person’s seasonal work preclusion period in relation to a claim consists of a number of weeks that is greater than nil, then, except as otherwise provided under this Act, the person is subject to that period for the purposes of this Act.
16B Partial capacity to work (1) A person has a partial capacity to work if: (a) the person has a physical, intellectual or psychiatric impairment; and (b) the Secretary is satisfied that: (i) the impairment of itself prevents the person from doing 30 hours per week of work independently of a program of support within the next 2 years; and (ii) no training activity is likely (because of the impairment) to enable the person to do 30 hours per week of work independently of a program of support within the next 2 years.
(2) A person is treated as doing work independently of a program of support if the Secretary is satisfied that to do the work the person: (a) is unlikely to need a program of support that: (i) is designed to assist the person to prepare for, find or maintain work; and (ii) is funded (wholly or partly) by the Commonwealth or is of a type that the Secretary considers is similar to a program of support that is funded (wholly or partly) by the Commonwealth; or (b) is likely to need such a program of support provided occasionally; or (c) is likely to need such a program of support that is not ongoing.
(3) In deciding whether he or she is satisfied as mentioned in paragraph (1)(b) or subsection (2), the Secretary must comply with 148 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 17 the guidelines (if any) determined and in force under subsection (4).
(4) The Minister may, by legislative instrument, determine guidelines to be complied with by the Secretary in deciding whether he or she is satisfied as mentioned in paragraph (1)(b).

(5) In this section: 30 hours per week of work means work: (a) that is for at least 30 hours per week on wages that are at or above the relevant minimum wage; and (b) that exists in Australia, even if not within the person’s locally accessible labour market.
training activity means one or more of the following activities, whether or not the activity is designed specifically for people with physical, intellectual or psychiatric impairments: (a) education; (b) pre-vocational training; (c) vocational training; (d) vocational rehabilitation; (e) work-related training (including on-the-job training).

17 Compensation recovery definitions (1) In this Act, unless the contrary intention appears: compensation has the meaning given by subsection (2).
Note: See also section 1163B.
compensation affected payment means: (aa) an age pension; or (a) a disability support pension; or (b) a parenting payment; or (c) a social security benefit; or (f) a carer payment; or Social Security Act 1991 149 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 17 (g) a special needs disability support pension; or (h) a special needs disability support wife pension; or (k) a former payment type; or (l) any of the following: (i) an advance pharmaceutical allowance; (ii) a telephone allowance; (iv) an education entry payment; (v) a pensioner education supplement; where, in order to be qualified for the allowance, payment or supplement, a person must be receiving, or receiving at a particular time, another kind of payment and that other kind of payment (the underlying compensation affected payment) is a compensation affected payment to which any of paragraphs (aa) to (k) applies; or (m) a fares allowance, where: (i) if subparagraph 1061ZAAA(1)(b)(i), (ii) or (iii) applies—the allowance or payment (the underlying compensation affected payment) mentioned in that subparagraph is a compensation affected payment to which any of paragraphs (aa) to (k) of this definition applies; or (ii) if subparagraph 1061ZAAA(1)(b)(iv) applies—in order to be qualified for the supplement mentioned in that subparagraph, a person must be receiving another kind of payment and that other kind of payment (the underlying compensation affected payment) is a compensation affected payment to which any of paragraphs (aa) to (k) of this definition applies; or (n) a CDEP Scheme Participant Supplement, where the pension, payment or allowance (the underlying compensation affected payment) mentioned in paragraph 1188D(2)(a) is a compensation affected payment to which any of paragraphs (aa) to (k) of this definition applies.
compensation part, in relation to a lump sum compensation payment, has the meaning given by subsections (3) and (4).
150 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 17 compensation payer means: (a) a person who is liable to make a compensation payment; or (b) an authority of a State or Territory that has determined that it will make a payment by way of compensation to another person, whether or not the authority is liable to make the payment.
event that gives rise to a person’s entitlement to compensation has the meaning given by subsection (5A).
former payment type means: (a) an invalid pension under the 1947 Act; or (b) an invalid pension under this Act as previously in force; or (ba) a disability wage supplement under this Act as previously in force; or (c) a sheltered employment allowance under the 1947 Act; or (d) a sheltered employment allowance under this Act as previously in force; or (e) an unemployment benefit under the 1947 Act; or (f) a sickness benefit under the 1947 Act; or (g) a special benefit under the 1947 Act; or (h) a sickness benefit under this Act as previously in force; or (ha) a job search allowance under this Act as previously in force; or (i) a rehabilitation allowance under the 1947 Act payable in place of: (i) an invalid pension under the 1947 Act; or (ii) a sheltered employment allowance under the 1947 Act; or (iii) an unemployment benefit under the 1947 Act; or (iv) a sickness benefit under the 1947 Act; or (v) a special benefit under the 1947 Act; or (j) a rehabilitation allowance under this Act as previously in force payable in place of: (i) a disability support pension; or Social Security Act 1991 151 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 17 (ii) an invalid pension under this Act as previously in force; or (iii) a sheltered employment allowance under this Act as previously in force; or (iv) a social security benefit; or (v) a sickness benefit under this Act as previously in force; or (k) an invalid wife pension under the 1947
 Act; or (l) an invalid wife pension under this Act as previously in force; or (m) a special needs invalid pension under this Act as previously in force; or (n) a special needs invalid wife pension under this Act as previously in force; or (o) a carer payment under this Act as previously in force; or (p) a sole parent pension under this Act as previously in force; or (q) a parenting allowance under this Act as previously in force; or (r) a parenting payment under this Act as in force immediately before 1
 July 2000; or (s) a youth training allowance under Part 8 of the Student Assistance Act 1973 as previously in force; or (t) a payment under this Act as previously in force declared by the Minister, by legislative instrument, to be a former payment type for the purposes of Part 3.14. income cut-out amount, in relation to a person who has received a compensation payment, means the amount worked out using the formula in subsection (8), as in force at the time when the compensation was received.
invalid wife pension means: (a) in relation to the 1947 Act, a wife’s pension under the 1947 Act for a woman whose husband received an invalid pension under the 1947 Act; or 152 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 17 (b) in relation to this Act as previously in force, a wife pension for a woman whose partner received an invalid pension under this Act as previously in force.
periodic payments period means: (a) the period to which a periodic compensation payment, or a series of periodic compensation payments, relates; or (b) in the case of a payment of arrears of periodic compensation payments—the period to which those payments would have related if they had not been made by way of an arrears payment.

potential compensation payer means a person who, in the Secretary’s opinion, may become a compensation payer.

receives compensation has the meaning given by subsection (5).
special needs disability support wife pension means a special needs wife pension for a woman whose partner receives a special needs disability support pension.

special needs invalid wife pension means a special needs wife pension for a woman whose partner received a special needs invalid pension under this Act as previously in force.
Compensation (2) Subject to subsection (2B), for the purposes of this Act, compensation means: (a) a payment of damages; or (b) a payment under a scheme of insurance or compensation under a Commonwealth, State or Territory law, including a payment under a contract entered into under such a scheme; or (c) a payment (with or without admission of liability) in settlement of a claim for damages or a claim under such an insurance scheme; or Social Security Act 1991 153 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 17 (d) any other compensation or damages payment; (whether the payment is in the form of a lump sum or in the form of a series of periodic payments and whether it is made within or outside Australia) that is made wholly or partly in respect of lost earnings or lost capacity to earn resulting from personal injury.
(2A) Paragraph (2)(d) does not apply to a compensation payment if: (a) the recipient has made contributions (for example, by way of insurance premiums) towards the payment; and (b) either: (i) the agreement under which the contributions are made does not provide for the amounts that would otherwise be payable under the agreement being reduced or not payable because the recipient is eligible for or receives payments under this Act that are compensation affected payments; or (ii) the agreement does so provide but the compensation payment has been calculated without reference to the provision.
(2B) A payment under a law of the Commonwealth, a State or a Territory that provides for the payment of compensation for a criminal injury does not constitute compensation for the purposes of this Act.

(2C) The reference in subsection (2B) to a criminal injury is a reference to a personal injury suffered, or a disease or condition contracted, as a result of the commission of an offence.
Compensation part of a lump sum (3) Subject to subsection (4), for the purposes of this Act, the compensation part of a lump sum compensation payment is: (a) 50% of the payment if the following circumstances apply: (i) the payment is made (either with or without admission of liability) in settlement of a claim that is, in whole or in part, related to a disease, injury or condition; and 154 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 17 (ii) the claim was settled, either by consent judgment being entered in respect of the settlement or otherwise; or (ab) 50% of the payment if the following circumstances apply: (i) the payment represents that part of a person’s entitlement to periodic compensation payments that the person has chosen to receive in the form of a lump sum; and (ii) the entitlement to periodic compensation payments arose from the settlement (either with or without admission of liability) of a claim that is, in whole or in part, related to a disease, injury or condition; and (iii) the claim was settled, either by consent judgment being entered in respect of the settlement or otherwise; or (b) if those circumstances do not apply—so much of the payment as is, in the Secretary’s opinion, in respect of lost earnings or lost capacity to earn, or both.
(4) Where a person: (a) has received periodic compensation payments; and (b) after receiving those payments, receives a lump sum compensation payment (in this subsection called the LSP); and (c) because of receiving the LSP, becomes liable to repay an amount (in this subsection called the Repaid Periodic Compensation Payment—RPCP) equal to the periodic compensation payments received; then, for the purposes of subsection (3), the amount of the lump sum compensation payment is: LSP – RPCP (4A) For the purposes of this Act, a payment of arrears of periodic compensation payments is not a lump sum compensation payment.
Social Security Act 1991 155 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 17 Receives compensation (5) A person receives compensation whether he or she receives it directly or whether another person receives it, on behalf of, or at the direction of the first person.
(5A) For the purposes of subsection (2B) of this section and Part 3.14, the event that gives rise to a person’s entitlement to compensation for a disease, injury or condition is: (a) if the disease, injury or condition was caused by an accident—the accident; or (b) in any other case—the disease, injury or condition first becoming apparent; and is not, for example, the decision or settlement under which the compensation is payable.
Insurer (6) A reference in Part 3.14 to an insurer who is, under a contract of insurance, liable to indemnify a compensation payer or a potential compensation payer against a liability arising from a claim for compensation includes a reference to: (a) an authority of a State or Territory that is liable to indemnify a compensation payer against such a liability, whether the authority is so liable under a contract, a law or otherwise; or (b) an authority of a State or Territory that determines to make a payment to indemnify a compensation payer against such a liability, whether or not the authority is liable to do so.
(8) For the purposes of the definition of income cut-out amount in subsection (1), the formula is as follows: 2       Maximum basic rate  Pension supplement component  Energy supplement component  Ordinary free area limit      52 where: 156 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 18 energy supplement component means the energy supplement worked out under point 1064-C3 for a person who is not a member of a couple: (a) whether or not the person for whom the income cut-out amount is being worked out is a member of a couple; and (b) whether or not that point applies to the person for whom the income cut-out amount is being worked out.
maximum basic rate means the amount specified in column 3 of item 1 of the table in point 1064-B1.

ordinary free area limit means the amount specified in column 3 of item 1 of the table in point 1064-E4.
pension supplement component means the pension supplement amount worked out under point 1064-BA3 for a person who is not a member of a couple: (a) whether or not the person for whom the income cut-out amount is being worked out is a member of a couple; and (b) whether or not that point applies to the person for whom the income cut-out amount is being worked out.
18 Parenting payment definitions In this Act, unless the contrary intention appears: benefit PP (partnered) means parenting payment whose rate is worked out under the Benefit PP (Partnered) Rate Calculator in section 1068B.

non-benefit PP (partnered) means non-benefit PP (partnered) under this Act as in force immediately before the commencement of the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No.
1) 1999. parenting payment means: (a) pension PP (single); or (b) benefit PP (partnered).

Social Security Act 1991 157 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 19 pension PP (single) means parenting payment whose rate is worked out under the Pension PP (Single) Rate Calculator in section 1068A.
19 Mobility allowance definitions In this Act, unless the contrary intention appears: gainful employment means: (a) paid employment (including sheltered employment); and (b) self-employment that is intended to result in financial gain.

handicapped person means a person who: (a) has a physical or mental disability; and (b) has turned 16. sheltered employment means paid employment in respect of which a determination under section 32 or 33 is in force.
vocational training includes training for a profession or occupation and, where used in Part 2.21 (Mobility allowance), also includes training known as independent living skills or life skills training.

19A Fares allowance definitions (1) This section has effect for the purposes of Part 2.26.

(2) Unless the contrary intention appears: activity test means the test set out in section 541. approved course has the meaning given by subsection 1061ZAAA(1).
approved tertiary course means a course of education or study that is determined, under section 5D of the Student Assistance Act 1973, to be a tertiary course for the purposes of that Act.
external student, in relation to an approved course at a relevant educational institution, means a student enrolled for the course who 158 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 19A is subject to a requirement, being a requirement that is a compulsory component of the course, to attend the institution for a period of time.
independent has the same meaning as in Parts 2.11 and 3.5 (see section 1067A).

permanent home has the meaning given by subsections (3) to (6).

public transport does not include a taxi.

relevant educational institution has the meaning given by subsection 1061ZAAA(1).

required to live away from his or her permanent home has the meaning given by subsection (7).

study year means the period in which one complete year of an approved tertiary course (as defined by this subsection) starts and finishes.
(3) Subject to subsection (5), if a person is receiving youth allowance and is not independent, the person’s permanent home is the home of the parent whose income components are assessed under Submodule 4 of Module F of the Youth Allowance Rate Calculator in section 1067G.
(4) Subject to subsection (5), if subsection 1061ZAAA(5) applies to a person, the person’s permanent home is the home of the parent whose income components were assessed, immediately before the person became independent, under Submodule 4 of Module F of the Youth Allowance Rate Calculator in section 1067G.
(5) If the parent uses more than one home, the person’s permanent home is: (a) the home that the parent uses most frequently; or (b) if the parent uses more than one home for equal periods, the home that the person nominates.

(6) The permanent home of a person to whom none of the preceding subsections applies is the person’s usual place of residence.
Social Security Act 1991 159 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 19AA (7) A person is taken to be required to live away from his or her permanent home in order to undertake an approved tertiary course of education or study if: (a) the person is not independent; and (b) the person does not live at the person’s permanent home; and (c) the Secretary determines that the person needs to live away from the person’s permanent home in order to undertake the course.
19AA Student start-up loan definitions For the purposes of Chapter 2AA: accumulated SSL debt has the meaning given by section 1061ZVEC.

approved form has the meaning given by section 388-50 in Schedule 1 to the Taxation Administration Act 1953.

Commissioner means the Commissioner of Taxation.


compulsory SSL repayment amount means an amount that: (a) is required to be paid in respect of an accumulated SSL debt under section 1061ZVHA; and (b) is included in a notice of assessment made under section 1061ZVHC.

enrolment test day has the meaning given by subsection 1061ZVDA(5).

former accumulated SSL debt has the meaning given by section 1061ZVEB.

HELP debt indexation factor has the same meaning as in the Higher Education Support Act 2003.
HELP repayment income has the same meaning as repayment income has in the Higher Education Support Act 2003.
160 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 19AB income tax has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997. income tax law has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997. income year has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997.
Medicare levy means the Medicare levy imposed by the Medicare Levy Act 1986. minimum HELP repayment income has the same meaning as minimum repayment income has in the Higher Education Support Act 2003. qualification period, for a student start-up loan, means a period of 6 months starting on 1 January or 1 July in any year.

qualification test day has the meaning given by subsection 1061ZVBB(3).

repayable SSL debt has the meaning given by section 1061ZVHB.
return means an income tax return within the meaning of subsection 995-1(1) of the Income Tax Assessment Act 1997.

SSL debt means a debt incurred under section 1061ZVDA.

student start-up loan means a loan for which a person qualifies under Part 2AA.2.

voluntary SSL repayment means a payment made to the Commissioner in discharge of an accumulated SSL debt or an SSL debt.

It does not include a payment made in discharge of a compulsory SSL repayment amount.
19AB Student Financial Supplement Scheme definitions (1) This section has effect for the purposes of Chapter 2B.

(2) Unless the contrary intention appears: Social Security Act 1991 161 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 19AB accumulated FS debt has the meaning given by section 1061ZZEQ.

adjusted accumulated FS debt has the meaning given by section 1061ZZES.
amount notionally repaid has the meaning given by subsection 1061ZZCN(5) or (7), as applicable.

amount outstanding has the meaning given by section 1061ZZCG or 1061ZZCH, as applicable.

amount repaid has the meaning given by subsection 1061ZZCJ(3), as affected by section 1061ZZCL.

approved course of education or study has the same meaning as in subsection 541B(5).

Note: This expression is used, with the same meaning, in sections 569B and 1061PC.
austudy payment general rate has the meaning given by subsection (3).

AWE has the meaning given by section 1061ZZFF.

category 1 student has the meaning given by section 1061ZZ.

category 2 student has the meaning given by section 1061ZZA.

Commissioner means Commissioner of Taxation.

Commissioner of Taxation includes a Second Commissioner of Taxation and a Deputy Commissioner of Taxation.
compulsory repayment amount means an amount that: (a) is required to be paid in respect of an accumulated FS debt under section 1061ZZEZ; and (b) is included in a notice of an assessment made under section 1061ZZFH.

162 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 19AB contract period of a financial supplement contract has the meaning given by subsection 1061ZZAX(7) or 1061ZZAY(3).
cooling off period means a period referred to in section 1061ZZBD.

discount has the meaning given by section 1061ZZCM.

earlier date has the meaning given by paragraph 1061ZZEQ(2)(b).

eligibility period for a person means an eligibility period under section 1061ZY and includes an eligibility period for the purposes of the Social Security Student Financial Supplement Scheme 1998. exempt foreign income has the meaning given by subsection 1061ZZFA(4).
financial corporation means: (a) a foreign corporation within the meaning of paragraph 51(xx) of the Constitution whose sole or principal business activities in Australia are the borrowing of money and the provision of finance; or (b) a financial corporation within the meaning of that paragraph; and includes a bank.

financial supplement contract means a contract referred to in subsection 1061ZZAX(2) or 1061ZZAY(1).
FS assessment debt means an amount that is required to be paid in respect of an accumulated FS debt under section 1061ZZEZ and is included in an assessment made under Division 7 of Part 2B.3 or under the corresponding provision of the Social Security Student Financial Supplement Scheme 1998 or of the Student Assistance Act 1973 as in force at a time before 1 July 1998.

FS debt has the meaning given by section 1061ZZEO.


income tax has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997.
Social Security Act 1991 163 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 19AB income tax law has the meaning given by section 14ZAAA of the Taxation Administration Act 1953. income year has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997. index number for a quarter means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician for the quarter.
intending to undertake a course: see subsection (5).

interest subsidy, in relation to financial supplement paid to a person by a participating corporation under a financial supplement contract, means the part of any subsidy paid by the Commonwealth to the corporation, without cost to the person, in respect of the supplement under the agreement entered into with the corporation under section 1061ZZAG, that is in lieu of interest.
later date has the meaning given by paragraph 1061ZZEQ(1)(a) or (2)(a), as the case requires.

maximum amount of financial supplement has the meaning given by section 1061ZZAK or 1061ZZAO, as the case requires, as affected by section 1061ZZAQ.

Medicare levy means the Medicare levy imposed by the Medicare Levy Act 1986. minimum amount of financial supplement has the meaning given by section 1061ZZAP.

minimum repayment income has the meaning given by section 1061ZZFB.
office means a branch office but does not include an agency or administrative office.

original amount has the meaning given by subsection 1061ZZCW(1).
164 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 19AB overpayment, for a person in relation to an eligibility period, means either of the following: (a) a debt or overpayment that is to be recovered under Chapter 5 from the person during the eligibility period; (b) an amount the person is liable to pay to the Commonwealth under section 1061ZZDE, 1061ZZDL, 1061ZZDV or 1061ZZEE that the Secretary has decided is to be recovered during the eligibility period.
participating corporation has the meaning given by subsection 1061ZZAG(3).

principal sum, at a time during the contract period of a financial supplement contract, means the total of the amounts of financial supplement paid under the contract before that time by the participating corporation to the other party to the contract.

repayable debt, for an income year, has the meaning given by section 1061ZZFC.

repayment income has the meaning given by section 1061ZZFA.
revised amount has the meaning given by subsection 1061ZZCW(1).

saved amount means an amount referred to in subsection 1061ZZBO(3).

short course means a tertiary course that is designed to be completed in, at most, 30 weeks (including vacations).

Social Security Student Financial Supplement Scheme 1998 means the scheme of that name established by the Minister under Chapter 2B of this Act as in force before the commencement of this section.
supplement entitlement notice given to a person means a notice given to the person under subsection 1061ZZAC(3) or 1061ZZAD(4), or a notice referred to in subsection 1061ZZAE(3).
Social Security Act 1991 165 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 19AB taxable income has the meaning given by section 4-15 of the Income Tax Assessment Act 1997. termination date of a financial supplement contract means the date set out in the contract under subsection 1061ZZAX(6) or as mentioned in subsection 1061ZZAY(2).
termination notice means a notice given under section 1061ZZCQ or under the corresponding provision of the Social Security Student Financial Supplement Scheme 1998 or of the Student Assistance Act 1973 as in force at a time before 1 July 1998. tertiary course means a tertiary course that is an approved course of education or study.

trade back has the meaning given by section 1061ZZAT.

trade in has the meaning given by section 1061ZZAR.

undertaking a course: see subsection (5).


wrongly paid supplement has the meaning given by subsections 1061ZZDB(4), 1061ZZDI(4), 1061ZZDS(4) and 1061ZZEC(4).

year means a calendar year.

year of income has the same meaning as in the Income Tax Assessment Act 1936. youth allowance general rate has the meaning given by subsection (4).
(3) A person’s austudy payment general rate is the rate of austudy payment that would be payable to the person if the rate were worked out: (a) using the Austudy Payment Rate Calculator; and (b) not including any amount as pharmaceutical allowance or remote area allowance.
166 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 19B (4) A person’s youth allowance general rate is the rate of youth allowance that would be payable to the person if the rate were worked out: (a) using the Youth Allowance Rate Calculator; and (b) not including any amount as pharmaceutical allowance, rent assistance or remote area allowance.
(5) The question whether a person is intending to undertake a course or is undertaking a course is to be determined, so far as practicable and with any necessary changes, in the same way as the question whether a person is intending to undertake study or is undertaking study, as the case may be, is determined under section 541B.
19B Financial hardship (Carer payment) liquid assets test definition In section 198N (exemption from care receiver assets test): liquid assets, in relation to a person, means: (a) the person’s cash; and (b) the person’s shares and debentures in a public company within the meaning of the Corporations Act 2001; and (c) any amount deposited with, or lent to, a bank or other financial institution by the person (whether or not the amount can be withdrawn or repaid immediately); and (d) any amount due, and able to be paid, to the person by, or on behalf of, a former employer of the person; and (e) any other readily realisable assets of the person; but does not include: (f) a roll-over superannuation benefit (within the meaning of the Income Tax Assessment Act 1997); or (fa) a superannuation lump sum (within the meaning of that Act) that is a contributions-splitting superannuation benefit (within the meaning of that Act); or (fc) the surrender value of a life policy (within the meaning of the Life Insurance Act 1995); or Social Security Act 1991 167 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 19C (g) an amount of an AGDRP that the person received, if the Secretary is satisfied that the length of time since receiving the payment is still reasonable in the circumstances; or (h) an amount of an AVTOP that the person received, if the Secretary is satisfied that the length of time since receiving the payment is still reasonable in the circumstances; or (i) the sum of NDIS amounts paid to the person and any return on those amounts that the person earns, derives or receives, less the sum of amounts spent by the person in accordance with an NDIS plan under which the amounts were paid.
19C Severe financial hardship definitions Application of definitions in this section (1) The definitions in this section relate to: (a) ordinary waiting periods; and (b) liquid assets test waiting periods; and (c) seasonal work preclusion periods; and (d) income maintenance periods.
Meaning of in severe financial hardship: person who is not a member of a couple (2) A person who is not a member of a couple and who makes a claim for parenting payment, jobseeker payment, austudy payment, special benefit, disability support pension, carer payment or one of the following allowances: (b) widow allowance; (e) youth allowance; is in severe financial hardship if the value of the person’s liquid assets (within the meaning of subsection 14A(1)) is less than the fortnightly amount at the maximum payment rate of the payment, benefit, pension or allowance that would be payable to the person: (f) if the person’s claim were granted; and (g) in the case of a person to whom an income maintenance period applies, if that period did not apply.
168 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 19C Note: For maximum payment rate see subsection (8).
Meaning of in severe financial hardship: person who is a member of a couple (3) A member of a couple who makes a claim for parenting payment, jobseeker payment, austudy payment, special benefit, disability support pension, carer payment or one of the following allowances: (b) partner allowance; (e) youth allowance; is in severe financial hardship if the value of the couple’s liquid assets (within the meaning of subsections 14A(1) and (2)) is less than twice the fortnightly amount at the maximum payment rate of the payment, benefit, pension or allowance that would be payable to the person: (f) if the person’s claim were granted; and (g) in the case of a person to whom an income maintenance period applies, if that period did not apply.
Note: For maximum payment rate see subsection (8).
Meaning of unavoidable or reasonable expenditure (4) Unavoidable or reasonable expenditure, in relation to a person who is serving a liquid assets test waiting period or is subject to a seasonal work preclusion period, or a person to whom an income maintenance period applies, or in relation to working out if a person is subject to an ordinary waiting period, includes, but is not limited to, the following expenditure: (a) the reasonable costs of living that the person is taken, under subsection (6) or (7), to have incurred in respect of: (i) if the person is serving a liquid assets test waiting period—that part of the period that the person has served; or (ii) if the person is subject to a seasonal work preclusion period—that part of the period that has expired; or Social Security Act 1991 169 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 19C (iii) if an income maintenance period applies to the person— that part of the period that has already applied to the person; or (iv) in relation to working out if the person is subject to an ordinary waiting period—the 4 weeks immediately before the person’s start day mentioned in paragraph 500WA(1)(a), 549CA(2)(a), 620(1)(a) or 693(a); (b) the costs of repairs to, or replacement of, essential whitegoods situated in the person’s home; (c) school expenses; (d) funeral expenses; (e) essential expenses arising on the birth of the person’s child or the adoption of a child by the person; (f)
 expenditure to buy replacement essential household goods because of loss of those goods through theft or natural disaster when the cost of replacement is not the subject of an insurance policy; (g) the costs of essential repairs to the person’s car or home; (h) premiums in respect of vehicle or home insurance; (i) expenses in respect of vehicle registration; (j) essential medical expenses; (k) any other costs that the Secretary determines are unavoidable or reasonable expenditure in the circumstances in relation to a person.
However, unavoidable or reasonable expenditure does not include any reasonable costs of living other than those referred to in paragraph (a).
Meaning of reasonable costs of living (5) The reasonable costs of living of a person include, but are not limited to, the following costs: (a) food costs; (b) rent or mortgage payments; (c) regular medical expenses; 170 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 19C (d) rates, water and sewerage payments; (e) gas, electricity and telephone bills; (f) costs of petrol for the person’s vehicle; (g) public transport costs; (h) any other cost that the Secretary determines is a reasonable cost of living in relation to a person.
(6) For the purposes of paragraph (4)(a), the amount of reasonable costs of living that a person who is not a member of a couple is taken to have incurred, may not exceed: (a) in the case of a person who is serving a liquid assets test waiting period—the amount of jobseeker payment or allowance that would have been payable to the person during that part of the waiting period that the person has already served, if the person were not subject to the period; or (b) in the case of a person who is subject to a seasonal work preclusion period—the amount of jobseeker payment or allowance that would have been payable to the person during that part of the person’s preclusion period that has already expired, if the person were not subject to the period; or (c) in the case of a person to whom an income maintenance period applies—the amount of jobseeker payment, allowance or parenting payment (as the case may be) that would have been payable to the person during that part of the income maintenance period that has already applied to the person, if the period did not apply to the person; or (d) in relation to working out if the person is subject to an ordinary waiting period—the amount of jobseeker payment, allowance or parenting payment (as the case may be) that would have been payable to the person during the 4-week period mentioned in subparagraph (4)(a)(iv) if that payment or allowance were payable to the person for that period.
(7) For the purposes of paragraph (4)(a), the amount of reasonable costs of living that a person who is a member of a couple is taken to have incurred, may not exceed: Social Security Act 1991 171 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 19C (a) in the case of a person who is serving a liquid assets test waiting period—twice the amount of jobseeker payment or allowance that would have been payable to the person during that part of the waiting period that the person has already served, if the person were not subject to the period; or (b) in the case of a person who is subject to a seasonal work preclusion period—twice the amount of jobseeker payment, allowance or parenting payment (as the case may be) that would have been payable to the person during that part of the person’s preclusion period that has already expired, if the person were not subject to the period; or (c) in the case of a person to whom an income maintenance period applies—twice the amount of jobseeker payment, allowance or parenting payment (as the case may be) that would have been payable to the person during that part of the income maintenance period that has already applied to the person, if the period did not apply to the person; or (d) in relation to working out if the person is subject to an ordinary waiting period—twice the amount of jobseeker payment, allowance or parenting payment (as the case may be) that would have been payable to the person during the 4-week period mentioned in subparagraph (4)(a)(iv) if that payment or allowance were payable to the person for that period.
Meaning of maximum payment rate (8) For the purposes of subsections (2) and (3), maximum payment rate: (aa) in relation to disability support pension—means the rate worked out at: (i) Step 4 of the Method statement in Module A of Pension Rate Calculator A; or (ii) Step 5 of the Method statement in Module A of Pension Rate Calculator D; or 172 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 19C (ab) in relation to carer payment—means the rate worked out at Step 4 of the Method statement in Module A of Pension Rate Calculator A; or (b) in relation to jobseeker payment and, if the person has turned 22, in relation to special benefit—means the rate worked out at Step 4 of the Method statement in Module A of the applicable rate calculator; or (c) in relation to youth allowance and, if the person has not turned 22, in relation to special benefit—means the maximum payment rate worked out at Step 4 of the Method statement in Module A of the Youth Allowance Rate Calculator in section 1067G; or (ca) in relation to austudy payment—means the maximum payment rate worked out at Step 3 of the Method statement in Module A of the Austudy Payment Rate Calculator in section 1067L; or (d) in relation to widow allowance, partner allowance and mature age allowance under Part 2.12B—means the rate worked out at Step 4 of the method statement in Module A of Benefit Rate Calculator B; or (da) in relation to pension PP
 (single)—means the rate worked out at Step 4 of the method statement in point 1068A-A1 in Module A of the Pension PP Rate Calculator; or (e) in relation to benefit PP (partnered)—means the rate worked out at step 4 of whichever of the method statements in points 1068B-A2 and 1068B-A3 in Module A of the Benefit PP (Partnered) Rate Calculator is applicable to the person.
Secretary to give notice of determination (10) If the Secretary makes a determination in relation to a person under paragraph (4)(k) or paragraph (5)(h), the Secretary must give written notice of the determination to the person.
Social Security Act 1991 173 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 19D 19D Severe financial hardship—crisis payment definition (1) The definition in this section relates to one of the qualifications for crisis payment (see sections 1061JG, 1061JH, 1061JHA and 1061JI).
(2) A person who is not a member of a couple is in severe financial hardship for the purposes of qualifying for a crisis payment if the value of the person’s liquid assets (within the meaning of subsection 14A(1)) is less than the fortnightly amount at the maximum payment rate of the social security pension or the social security benefit that is payable to the person.
(3) A person who is a member of a couple is in severe financial hardship for the purposes of qualifying for a crisis payment if the value of the person’s liquid assets (within the meaning of subsections 14A(1) and (2)) is less than twice the fortnightly amount at the maximum payment rate of the social security pension or the social security benefit that is payable to the person.
(4) For the purposes of working out whether a CDEP Scheme participant is in severe financial hardship as defined in this section, the maximum payment rate of social security pension or social security benefit that would have been payable to the participant if he or she had not been a CDEP Scheme participant is taken to be payable to the participant.

Note: For CDEP Scheme Participant see section 1188B.
(5) In this section: maximum payment rate, in relation to each of the following social security payments, means (unless otherwise stated below) the rate worked out at Step 4 of the Method statement in Module A of the relevant Rate Calculator: (a) for the following pensions if the recipient is not blind: (i) age pension; (ii) disability support pension (recipient has turned 21, or is under 21 and has one or more dependent children); (iii) carer pension; 174 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 19DA the Rate Calculator at the end of section 1064; or (b) for age pension and disability support pension (recipient has turned 21, or is under 21 and has one or more dependent children) if the recipient is blind—the Rate Calculator at the end of section 1065; or (d) for disability support pension if the recipient is under 21, is not blind and does not have any dependent children—Step 5 of the Method statement in Module A of the Rate Calculator at the end of section 1066A; or (e) for disability support pension if the recipient is under 21, is blind and does not have any dependent children—Step 5 of the Method statement in Module A of the Rate Calculator at the end of section 1066B; or (f) for the following: (i) jobseeker payment; (ii) widow allowance; (iv) partner allowance; (v) mature age allowance granted under Part 2.12B; the Rate Calculator at the end of section 1068; or (h) for a pension PP
 (single)—the Rate Calculator at the end of section 1068A; or (i) for benefit PP (partnered)—point 1068B-A4; or (k) for special benefit—section 746; or (l) for youth allowance—the Rate Calculator at the end of section 1067G; or (m) for austudy payment—Step 3 of the Method statement in Module A of the Rate Calculator at the end of section 1067L.
19DA Experiencing a personal financial crisis definition (1) A person is experiencing a personal financial crisis if and only if: (a) the person is in severe financial hardship; and (b) subsection (2), (3) or (4) applies to the person.

Note 1: This definition relates to ordinary waiting periods.
Social Security Act 1991 175 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 19E Note 2: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple).
Domestic violence (2) This subsection applies to the person if the person was subjected to domestic violence at some time in the 4 weeks immediately before the person’s start day mentioned in paragraph 500WA(1)(a), 549CA(2)(a), 620(1)(a) or 693(a).
Unavoidable or reasonable expenditure (3) This subsection applies to the person if the person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure in the 4 weeks immediately before the person’s start day mentioned in paragraph 500WA(1)(a), 549CA(2)(a), 620(1)(a) or 693(a).

Note: For unavoidable or reasonable expenditure see subsection 19C(4).
Other circumstances (4) This subsection applies to the person if the person satisfies the circumstances prescribed in an instrument under subsection (5).

(5) The Secretary may, by legislative instrument, prescribe circumstances for the purposes of subsection (4).

Evidence (6) Without limiting subsection (2), (3) or (4), that subsection does not apply to the person unless he or she produces evidence that demonstrates a reasonable possibility that it applies to the person.
19E Exempt funeral investments (1) Work out whether a funeral investment that relates to a particular funeral is an exempt funeral investment by applying these rules: (a) the expenses for the funeral must not be prepaid; and (b) in relation to that funeral: 176 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 20 (i) only one investment of not more than $10,000 can be an exempt funeral investment; or (ii) only two investments that combined are not more than $10,000 can be exempt funeral investments.
Note: The amounts in paragraph (1)(b) are indexed each year on 1 July (see Division 2 of Part 3.16).

(2) Disregard any return on an investment in determining the amount of an investment for the purposes of this section.
(3) For the purposes of subsection (1), a funeral investment means an investment, being an investment that cannot be realised before maturity and the return on which is not payable before maturity, that: (a) matures on the death of whichever member of a couple dies first or dies last and is to be applied on maturity to the expenses of the funeral of that member of the couple; or (b) matures on the death of: (i) the investor; or (ii) if the investor is a member of a couple at the time the investment is made, the investor’s partner at that time; and is to be applied on maturity to the expenses of the funeral of the person on whose death it matures.
20 Indexation and rate adjustment definitions (1) In this Act, unless the contrary intention appears: current figure, as at a particular time and in relation to an amount that is to be indexed or adjusted under Part 3.16, means: (a) if the amount has not yet been indexed or adjusted under Part 3.16 before that time—the amount; and (b) if the amount has been indexed or adjusted under Part 3.16 before that time—the amount most recently substituted for the amount under Part 3.16 before that time.
index number, in relation to a quarter, means the All Groups Consumer Price Index number that is the weighted average of the 8 Social Security Act 1991 177 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 20 capital cities and is published by the Australian Statistician in respect of that quarter.
November earnings average, in relation to a year, means the amount called the “All Employees—Average Weekly Total Earnings—Persons” published by the Australian Statistician in respect of a period ending on or before a particular day in November in that year but does not include a preliminary estimate of that amount.
Publication of substituted index numbers (4) Subject to subsection (5), if at any time (whether before or after the commencement of this section), the Australian Statistician publishes an index number for a quarter in substitution for an index number previously published by the Australian Statistician for that quarter, the publication of the later index number is to be disregarded for the purposes of this section.
Change to CPI index reference period (5) If at any time (whether before or after the commencement of this section) the Australian Statistician changes the index reference period for the Consumer Price Index, regard is to be had, for the purposes of applying this section after the change takes place, only to index numbers published in terms of the new index reference period.
Publication of substituted AWE amount (6) If at any time (whether before or after the commencement of this section) the Australian Statistician publishes an amount in substitution for a November earnings average previously published by the Australian Statistician, for that year, the publication of the later amount is to be disregarded for the purposes of this section.
178 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 20A 20A Pension supplement rate definitions (1) The combined couple rate of pension supplement is the sum of the following: (a) 4 times the annual rate of utilities allowance for a person who is a member of a couple (other than an illness separated couple, respite care couple or temporarily separated couple); (b) twice the annual rate of telephone allowance for a person: (i) to whom section 1061SB (increased rate for home internet) applies; and (ii) who is partnered (partner getting pension or benefit, and partner getting telephone allowance at the increased rate); (c) twice the annual rate of pharmaceutical allowance for a person who is partnered; (d) twice the pension supplement basic amount for a person who is partnered; (e) if $525.20 exceeds twice the annual rate of utilities allowance for a person who is a member of a couple (other than an illness separated couple, respite care couple or temporarily separated couple)—the amount of the excess; rounded up to the nearest multiple of $5.20.
Note 1: This rate is indexed 6 monthly in line with CPI increases (see sections 1191 to 1194).

Note 2: This rate is an annual rate.
(2) The combined couple rate of minimum pension supplement is the sum of the following: (a) 4 times the annual rate of utilities allowance for a person who is a member of a couple (other than an illness separated couple, respite care couple or temporarily separated couple); (b) twice the annual rate of telephone allowance for a person: (i) to whom section 1061SB (increased rate for home internet) applies; and Social Security Act 1991 179 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 20A (ii) who is partnered (partner getting pension or benefit, and partner getting telephone allowance at the increased rate); rounded up to the nearest multiple of $5.20.
Note 1: This rate is indexed 6 monthly in line with CPI increases (see sections 1191 to 1194).

Note 2: This rate is an annual rate.

(3) For the purposes of subsection (1) or (2), a rate mentioned in a paragraph of that subsection is that rate as at 20 September 2009.

Note: Those subsections adopt those rates as indexed on 20 September 2009.
(4) A person’s minimum pension supplement amount is the amount worked out by: (a) applying the applicable percentage in the following table to the combined couple rate of minimum pension supplement; and (b) if: (i) the person is not partnered; and (ii) the amount resulting from paragraph (a) is not a multiple of $2.60; rounding the amount up or down to the nearest multiple of $2.60 (rounding up if the amount is not a multiple of $2.60 but is a multiple of $1.30).
Item Person’s family situation Use this % Not member of couple Partnered Member of illness separated couple Member of respite care couple Partnered (partner in gaol) 66.33% 50% 66.33% 66.33% 66.33% Note: A person’s minimum pension supplement amount is an annual rate.

(5) A person’s pension supplement basic amount depends on which family situation in the following table applies to the person.
The 180 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 20A person’s pension supplement basic amount immediately before 20 September 2009 is the corresponding amount set out in the table.
Item Person’s family situation Amount as at 19 September 2009 Not member of couple Partnered Member of illness separated couple Member of respite care couple Partnered (partner in gaol) $507 $423.80 $507 $507 $507 Note 2: For the purposes of provisions other than subsection (1), the amount in each item of the table will be indexed 6 monthly in line with CPI increases (see sections 1191 to 1194).

Note 3: A person’s pension supplement basic amount is an annual rate.
(6) The daily rate of tax-exempt pension supplement, for a person who is receiving a social security payment calculated for that day using a pension supplement amount, is the amount worked out as follows: (a) subtract the person’s pension supplement basic amount from: (i) if the Rate Calculator produces an annual rate—the person’s pension supplement amount; or (ii) if the Rate Calculator produces a fortnightly rate—26 times the person’s pension supplement amount; (b) divide the result of paragraph (a) by 364.
Note: The portion of the person’s social security payment equal to the tax-exempt pension supplement is exempt from income tax (see sections 52-10 and 52-15 of the Income Tax Assessment Act 1997).
Social Security Act 1991 181 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 21 21 Bereavement definitions (1) In this Act, unless the contrary intention appears: partner bereavement payment means a payment under section 83, 146G, 238, 514B, 771NW or 823.
(2) For the purposes of this Act, if a person dies: (a) the bereavement period in relation to the person’s death is the period of 14 weeks that starts on the day on which the person dies; and (b) the bereavement notification day in relation to the person’s death is the day on which the Secretary becomes aware of the death; and (c) the first available bereavement adjustment payday in relation to the person’s death is the first payday of the person after the bereavement notification day for which it is practicable to terminate or adjust payments under this Act to take account of the person’s death; and (d) the bereavement rate continuation period in relation to the person’s death is the period: (i) that begins on the day on which the bereavement period begins; and (ii) that ends: (A) if the first available bereavement adjustment payday is before the end of the bereavement period—on the day before the first available bereavement adjustment payday; or (B) if the first available bereavement adjustment payday occurs on or after the day on which the bereavement period ends—the day on which the bereavement period ends; and (e) there is a bereavement lump sum period in relation to the person’s death if the first available bereavement adjustment payday occurs before the end of the bereavement period and the bereavement lump sum period is the period that begins on 182 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 23 the first available bereavement adjustment payday and ends on the day on which the bereavement period ends.
23 Dictionary (1) In this Act, unless the contrary intention appears: 1947 Act means the Social Security Act 1947.

AAT means the Administrative Appeals Tribunal.

AAT Act means the Administrative Appeals Tribunal Act 1975.

AAT first review has the same meaning as in the Administration Act.

AAT second review has the same meaning as in the Administration Act.
Aboriginal or Torres Strait Islander child means a child who is a descendant of: (a) an Indigenous inhabitant of Australia; or (b) an Indigenous inhabitant of the Torres Strait Islands.

Aboriginal study assistance scheme means: (a) the ABSTUDY Scheme; or (b) the Aboriginal Overseas Study Assistance Scheme; or (c) a scheme prescribed for the purposes of this definition.

ABSTUDY means the ABSTUDY scheme to the extent that it provides means-test allowances.
ABSTUDY Schooling scheme means the ABSTUDY Schooling part of the ABSTUDY scheme.

ABSTUDY Tertiary scheme means the ABSTUDY Tertiary part of the ABSTUDY scheme.

accommodation bond: see subsection 11(1).

accommodation bond balance: see subsection 11(1).

Social Security Act 1991 183 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 23 accommodation charge: see subsection 11(1).
account, in relation to a financial institution, means an account maintained by a person with the institution to which is accredited money received on deposit by the institution from that person.

accumulated SSL debt has the meaning given by section 1061ZVEC.

ACNC type of entity means an entity that meets the description of a type of entity in column 1 of the table in subsection 25-5(5) of the Australian Charities and Not-for-profits Commission Act 2012.
Administration Act means the Social Security (Administration) Act 1999. adopted child: see subsection 5(1).

Adult Disability Assessment Tool: see subsection 38C(3).
advance payment qualifying amount, for a person, means: (a) if the person is receiving a social security pension worked out under Pension Rate Calculator A—the sum of the following amounts: (i) the person’s maximum basic rate; (ii) the amount (if any) by which the person’s pension supplement amount exceeds the person’s minimum pension supplement amount; or (b) otherwise—the result of paragraph (a) worked out as if the person were receiving a social security pension worked out under Pension Rate Calculator A. advance qualification day means: (a) for a person qualifying for a clean energy advance because of a determination made under subsection 914(1) or 914A(1)— the day that determination is made; or (b) for a person qualifying for a clean energy advance because of a determination made under subsection 914(2)—the day 184 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 23 specified in that determination because of subsection 914(3); or (c) for a person qualifying for a clean energy advance because of a determination made under subsection 914A(2) or (3)—the day specified in that determination because of subsection 914A(4).
Note: The day specified in the determination because of subsection 914(3) or 914A(4) is the first day during the clean energy advance period for which the person satisfies the qualification requirements, disregarding any short temporary absence from Australia.

adversely affected, in relation to a major disaster, has the meaning given by section 1061L.

AGDRP: see Australian Government Disaster Recovery Payment.

aged care resident: see subsections 13(8A), (8B) and (8C).
amount of rent paid or payable: see subsections 13(6) and (7).

applicable statutory conditions, in relation to particular work, means the minimum terms and conditions of employment (including wages) applicable under law in relation to that work.

approved care organisation: see section 6. approved deposit fund: see subsection 9(1).

approved friendly society means a society, person or body in relation to whom or in relation to which a determination under section 29 is in force.
approved program of work for income support payment means a program of work that is declared by the Secretary, under section 28, to be an approved program of work for income support payment.
approved program of work supplement means: (aa) an amount under section 118 to a person receiving disability support pension; or Social Security Act 1991 185 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 23 (a) an amount payable under section 503A to a person receiving parenting payment; or (b) an amount payable under section 556A to a person receiving youth allowance; or (c) an amount payable under section 644AAA to a person receiving jobseeker payment.
approved respite care: see subsection 4(9).

approved scholarship: see subsection 8(1).

approved scholarship course has the meaning given by section 592M.

approved training course for training supplement, for a person, means a training course that is approved by the Secretary under section 28B for training supplement for the person.

armed services widow: see subsection 4(1).

armed services widower: see subsection 4(1).

asset: see subsections 11(1), (3AA), (3B), (3C) and (3D).
asset-tested income stream (long term): see subsection 9(1).

asset-tested income stream (short term): see subsection 9(1).

asset-test exempt income stream: see sections 9A, 9B and 9BA.

assurance of support means an assurance of support within the meaning of: (a) the Migration (1989) Regulations; or (b) the Migration (1993) Regulations; or (c) Subdivision 2.7.1 or 2.7.2 of the Migration Regulations 1994 as in force on or after 1 September 1994; or (d) Chapter 2C.
assurance of support debt has the meaning given by subsection 1227(2).

186 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 23 ATO small superannuation account: see subsection 9(1).

Australia includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
Note 1: Note 2: In Part 5.5 of Chapter 5 (about departure prohibition orders), Australia has an extended meaning.

See also subsections 7(4), (6) and (7) for special residence rules for external Territories.

Australian Government Disaster Recovery Payment or AGDRP means a payment under Part 2.24.

Australian resident: see subsection 7(2).

Australian travel document has the same meaning as in the Australian Passports Act 2005.
Australian Victim of Terrorism Overseas Payment or AVTOP means a payment under Part 2.24AA.

AUSTUDY allowance means a benefit paid under the AUSTUDY scheme, being the scheme under Part 2 of the Student Assistance Act 1973 as previously in force.

austudy participation failure has the meaning given by section 576. automatic issue card: see subsection 6A(1).

automatic issue health care card: see subsection 6A(1).

available money: see subsection 8(1).


AVTOP: see Australian Victim of Terrorism Overseas Payment.

AVTOP Principles means the AVTOP Principles made by the Minister under section 1061PAF.

bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959.
Social Security Act 1991 187 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 23 benefit parenting allowance means benefit parenting allowance under this Act as previously in force.

benefit PP (partnered): see section 18. bereavement lump sum period: see paragraph 21(2)(e).

bereavement notification day: see paragraph 21(2)(b).

bereavement period: see paragraph 21(2)(a).


bereavement rate continuation period: see paragraph 21(2)(d).

board when used in the expression board and lodging: see subsection 13(1).

carer supplement means carer supplement under Part 2.19B.

CDEPManager means the computer system known as CDEPManager.

CDEP Scheme means the scheme known as the Community Development Employment Projects Scheme.

CDEP Scheme participant has the meaning given by section 1188B.
CDEP Scheme payment means a payment (expressed as a fortnightly rate) made from the wages component grant under the CDEP Scheme.

CDEP Scheme provider means a person or organisation that is a party to a Programme Funding Agreement with the Commonwealth under which the person or organisation receives Commonwealth funding to deliver the CDEP Scheme.
CDEP Scheme quarter means: (a) such period (if any) as the Secretary determines in respect of the provision in which the expression occurs; or (b) in relation to a provision in respect of which there is no determination by the Secretary in force under 188 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 23 paragraph (a)—a quarter within the meaning of the CDEP Scheme.
centrelink program has the same meaning as in the Human Services (Centrelink) Act 1997. charge exempt resident: see subsection 11(1).

Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997. child: see subsection 5(1).

child disability allowance means child disability allowance under Part 2.19 of this Act as in force at any time before 1 July 1999. child disability assistance means child disability assistance under Part 2.19AA.
clean energy advance means an advance described in Subdivision A or C of Division 1 of Part 2.18A.

clean energy advance daily rate has the meaning given by section 914E.
clean energy advance period means: (a) for a person qualifying under section 914 for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013; or (b) for a person qualifying under subsection 914A(1) or (2) for a clean energy advance—the period starting on 1 July 2012 and ending on 30 June 2013; or (c) for a person qualifying under subsection 914A(3) for a clean energy advance—the period starting on 1 July 2013 and ending on 31 December 2013. clean energy bonus under an Act or scheme means any of the following that is provided for by the Act or scheme: (a) a payment known as a clean energy advance; Social Security Act 1991 189 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 23 (b) a payment known as an energy supplement or a quarterly energy supplement; (c) an increase that is described using the phrase “energy supplement” and affects the rate of another payment that is provided for by the Act or scheme.
clean energy payment means: (a) clean energy advance; or (b) quarterly energy supplement; or (d) an essential medical equipment payment.
clean energy qualifying payment, for a person, means: (a) for a person qualifying under section 914 for a clean energy advance—the social security payment set out in subsection 914(4) that the person is receiving on the advance qualification day; or (b) for a person qualifying under section 914A for a clean energy advance—the social security payment set out in subsection 914A(5) that the person is receiving on the advance qualification day.
close family member has the meaning given by subsection 1061PAA(4).

combined couple rate of minimum pension supplement has the meaning given by subsection 20A(2).

combined couple rate of pension supplement has the meaning given by subsection 20A(1).

commencement day in relation to an income stream: see subsection 9(1).
Commonwealth Accommodation Scholarship means a scholarship of that name provided for under the Commonwealth Scholarships Guidelines made for the purposes of Part 2-4 of the Higher Education Support Act 2003.
190 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 23 Commonwealth Education Costs Scholarship means any scholarship provided to assist with education costs under the Commonwealth Scholarships Guidelines made for the purposes of Part 2-4 of the Higher Education Support Act 2003. comparable foreign payment means a payment-type that is: (a) available from a foreign country; and (b) similar to a social security pension.
compensation: see section 17. compensation affected payment: see subsection 17(1).

compensation part in relation to a lump sum compensation payment: see subsection 17(1).

compensation payer: see subsection 17(1).
compliance penalty period, in relation to a person, means: (aa) for a person other than a declared program participant—any of the following periods during which a participation payment (within the meaning of the Administration Act) is not payable to the person: (i) a payment suspension period (within the meaning of that Act); (ii) an unemployment preclusion period (within the meaning of that Act); (iii) a post-cancellation non-payment period (within the meaning of that Act); or (a) for a declared program participant—a period during which a participation payment (within the meaning of the Administration Act) is not payable because of subsection 42P(1) (serious failures) or 42S(1) (unemployment non-payment periods) of that Act; or (b) in any case—a period during which youth allowance is not payable to the person because of section 550B or 551 of this Act; or Social Security Act 1991 191 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 23 (c) in any case—a period during which austudy payment is not payable to the person because of section 576A or 577 of this Act.
computer means a device that is used by the Department for storing or processing information.

concession card: see subsection 6A(1).

current figure: see subsection 20(1).

current period as an Australian resident, of a person in relation to parenting payment, youth allowance or jobseeker payment, is a period that satisfies both the following conditions: (a) the person has been an Australian resident for the entire period; (b) the person lodged the claim for the payment or allowance during the period.
current special educational assistance scheme means: (a) the Assistance for Isolated Children Scheme; or (b) the ABSTUDY Scheme (also known as the Aboriginal Study Assistance Scheme).

dad and partner pay: see subsection 8(1).

daily accommodation contribution: see subsection 11(1).

daily accommodation payment: see subsection 11(1).

decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.
Note: Subsection 3(3) of the Administrative Appeals Tribunal Act 1975 defines decision as including:  making, suspending, revoking or refusing to make an order or   determination; giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission; issuing, suspending, revoking or refusing to issue a licence, authority or other instrument; 192 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 23 imposing a condition or restriction;   making a declaration, demand or requirement; retaining, or refusing to deliver up, an article;  doing or refusing to do any other act or thing.
 declared overseas terrorist act means a terrorist act in respect of which there is a declaration under subsection 35B(1).

declared program participant means a person who is a participant, in accordance with the applicable provisions (if any) of a determination made under section 28C, in an employment services program specified in that determination.

deductible amount in relation to a defined benefit income stream for a year: see subsection 9(1).
Defence Force Income Support Allowance or DFISA means Defence Force Income Support Allowance under Part VIIAB of the Veterans’ Entitlements Act.

deferred payment amount in relation to a sale leaseback agreement: see subsections 12B(6), (7) and (8).

defined benefit income stream: see subsection 9(1F).
departure authorisation certificate means a certificate under Division 4 of Part 5.5. departure prohibition order means an order under Division 1 of Part 5.5 (including such an order varied under Division 3 of that Part).
dependant: (a) in relation to a person who is the holder of a pensioner concession card or an automatic issue health care card (other than a health care card for which the person is qualified under subsection 1061ZK(4))—see section 6A; or (b) in relation to a person who is the holder of a health care card for which the person is qualified under subsection 1061ZK(4) Social Security Act 1991 193 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 23 or Subdivision B of Division 3 of Part 2A.1—see section 6A; or (c) in relation to a person, other than a child in foster care, who has made a claim for a health care card—see section 6A.
dependent child: see subsections 5(2) to (8A).

deposit money: see subsection 8(1).

deprived asset: see subsection 9(4).

designated NDIS amount: see subsection 9(1).

disability expenses maintenance: see section 10.

Disaster Recovery Allowance means Disaster Recovery Allowance under Part 2.23B.
disposes of assets: see section 1123. disposes of ordinary income: see sections 1106 to 1111. disqualifying accommodation scholarship means: (a) a scholarship: (i) provided for under Part 2-2A of the Higher Education Support Act 2003 (Indigenous student assistance grants); and (ii) specified by the Secretary under subsection (24) of this section for the purposes of this subparagraph; or (b) a Commonwealth Accommodation Scholarship.
disqualifying education costs scholarship means: (a) a scholarship: (i) provided for under Part 2-2A of the Higher Education Support Act 2003 (Indigenous student assistance grants); and (ii) specified by the Secretary under subsection (24) of this section for the purposes of this subparagraph; or (b) a Commonwealth Education Costs Scholarship.
194 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 23 distance educator has the meaning given by section 5D.

domestic payment: see subsection 8(3).


double orphan: see sections 993 and 994. early school leaver means a person who: (a) is less than 22 years old; and (b) has not completed the final year of secondary school, or an equivalent level of education; and (c) is not undertaking full-time study.

earned, derived or received: see subsection 8(2).

educational institution means an education institution within the meaning of subsection 3(1) of the Student Assistance Act 1973.
EMEP residence has the meaning given by section 917A.

Employment Department means the Department administered by the Minister administering the Fair Entitlements Guarantee Act 2012Division 3AA of Part 3 of the Administration Act.

employment income: see subsections 8(1), (1A) and (1B).

employment pathway plan means: (a) a Parenting Payment Employment Pathway Plan; or (b) a Youth Allowance Employment Pathway Plan; or (c) a Jobseeker Employment Pathway Plan; or (d) a Special Benefit Employment Pathway Plan.
Employment Minister means the Minister who administers Division 3AA of Part 3 of the Administration Act.

employment pathway plan means an employment pathway plan under Division 2A of Part 3 of the Administration Act.

Employment Secretary means the Secretary of the Employment Department.
Social Security Act 1991 195 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 23 energy supplement, for a person, means the addition under the energy supplement Module (if any) of the relevant Rate Calculator when working out the rate of the person’s social security payment.

enrolment test day has the meaning given by subsection 1061ZVDA(5).

essential medical equipment payment has the meaning given by section 917A.
event that gives rise to a person’s entitlement to compensation: see subsection 17(5A).

exempt assets: see subsection 11(1).

exempt funeral investment has the meaning given by section 19E.

exempt lump sum: see subsection 8(11).

experiencing a personal financial crisis: see section 19DA.

external Territory does not include Norfolk Island, the Territory of Cocos (Keeling) Islands or the Territory of Christmas Island.

Family Assistance Act means the A New Tax System (Family Assistance) Act 1999.
Family Assistance Administration Act means the A New Tax System (Family Assistance) (Administration) Act 1999. family assistance law has the meaning given by subsection 3(1) of the Family Assistance Administration Act.

family law affected income stream: see section 9C.
family law order means: (a) a parenting order; or (b) a family violence order within the meaning of section 4 of the Family Law Act 1975; or (c) a State child order registered under Subdivision B of Division 13 of Part VII of that Act; or 196 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 23 (d) an overseas child order registered under Subdivision C of Division 13 of Part VII of that Act.
family member has the meaning given by subsections (14) and (15).

family tax benefit has the meaning given by the Family Assistance Act.

fares allowance means fares allowance under Part 2.26 or under the Social Security (Fares Allowance) Rules 1998, as the case may be.

financial asset: see subsection 9(1).

financial institution means a corporation that is an ADI for the purposes of the Banking Act 1959. financial investment: see subsections 9(1) and (1D).
financial supplement means a loan that has been or may be made under a financial supplement contract as defined by section 19AB.

first available bereavement adjustment payday: see paragraph 21(2)(c).

fishing operations: see subsection 11(1).

Foreign Affairs Minister means the Minister administering the Australian Passports Act 2005. forest operations: see subsection 11(1).

former payment type: see subsection 17(1).

former refugee: see subsection 7(1).

friendly society: see subsection 9(1).


FTB child has the meaning given by section 3 of the Family Assistance Act.

full-time student load for a course of study: see subsection (20).

Social Security Act 1991 197 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 23 full year course has the meaning given by subsection (10C).

funeral investment: see subsection 19E(3).


gainful employment: see section 19. governing rules in relation to an income stream: see subsection 9(1).

Government rent: see subsections 13(1), (3AC) and (5).

granny flat interest: see subsection 12A(2).

granny flat resident: see subsection 12A(3).

green army allowance means green army allowance paid under the Green Army Programme.

Green Army Programme means the program administered by the Commonwealth and known as the Green Army Programme.
handicapped person: see section 19. health care card means a card under Division 3 of Part 2A.1.

higher education institution means an institution that is a higher education institution for the purposes of the Student Assistance Act 1973. holder in relation to a visa: see subsection 7(1).

Home Affairs Minister means the Minister administering the Australian Security Intelligence Organisation Act 1979. home educator has the meaning given by section 5C.
home equity conversion agreement: see subsections 8(1) and (7).

homeowner: see subsection 11(4).

Human Services Department means Services Australia.

198 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 23 Human Services Secretary means the Chief Executive Officer of Services Australia.

illness separated couple: see subsection 4(7).


immediate family member, of a person, means an individual: (a) who is a parent or step-parent of the person; or (b) who is, or was when the person was under 18 years of age, a legal guardian of the person; or (c) who is a grandparent of the person; or (d) who is a sibling of the person.

Impairment Tables means the tables determined by an instrument under subsection 26(1).

in a care situation: see subsection 13(9).

income: see subsection 8(1).


income amount: see subsection 8(1).

income cut-out amount in relation to a person who has received a compensation payment: see subsections 17(1) and (8).

income from personal exertion: see subsection 8(1).

income maintenance period has the meaning given in points 1064-F4 and 1064-F5, 1066A-G4 and 1066A-G5, 1067G-H11 and 1067G-H12, 1067L-D5 and 1067L-D6, 1068-G7AG and 1068-G7AH, 1068A-E3 and 1068A-E4 and 1068B-D9 and 1068B-D10.

income stream: see subsections 9(1) and (1E).


income support payment means a payment of: (a) a social security benefit; or (aa) a job search allowance; or (b) a social security pension; or (c) a youth training allowance; or (d) a service pension; or Social Security Act 1991 199 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 23 (e) income support supplement; or (f) a veteran payment.
income support supplement means income support supplement under Part IIIA of the Veterans’ Entitlements Act.

Income Tax Assessment Act means the Income Tax Assessment Act 1936 and the Income Tax Assessment Act 1997. income-tested in relation to a health care card: see subsection 6A(1).

income year: see subsection 11(1).

independent: (a) in Parts 2.11, 2.11B, 3.4A, 3.4B, 3.5 and 3.7—see section 1067A; and (b) in Part 2.24A—see section 1061PL.

independently of a program of support: see subsection 16B(2).
index number: see subsections 20(1), (4) and (5).

in disability accommodation: see subsection (4C).

industrial action: see subsections 16(1) and (2).

ineligible homeowner: see subsection 13(1).

in gaol: see subsection (5).

initial payment amount in relation to a sale leaseback agreement: see subsection 12B(4).

in residential care: see subsection (4CA).

in severe financial hardship: see subsections 19C(2) and (3) and section 19D.

instalment of parental leave pay: see subsection 8(1).
200 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 23 instalment period, in relation to a person, means a period that is determined by the Secretary under section 43 of the Social Security (Administration) Act 1999 to be an instalment period of the person.

invalid wife pension: see subsection 17(1).


investment: (a) in relation to a superannuation fund or approved deposit fund—see subsection 9(9); or (b) in relation to an ATO small superannuation account—see subsection 9(9A).

investor in relation to an ATO small superannuation account: see subsection 9(1).

involved in the commission of a declared overseas terrorist act has the meaning given by subsection 1061PAA(5).

job search allowance means job search allowance under this Act as previously in force.
joint ownership includes ownership as joint tenants or as tenants in common.

late starting course has the meaning given by subsection (10D).

life expectancy: see subsection 9(1).

liquid assets test waiting period: see sections 549A to 549C, 575A to 575C and 598. listed security: see subsection 9(1).

living away from the person’s parental home: see subsection (4D).
lone parent: a person is a lone parent on a particular day if, on that day: (a) the person is not a member of a couple; and (b) the person has a dependent child.
Social Security Act 1991 201 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 23 long-term social security recipient, as at a particular time, means: (a) a person who, at that time, has had social security recipient status continuously for the previous 52 weeks; or (b) a person: (i) who has not, at that time, had social security recipient status continuously for the previous 52 weeks; and (ii) who had social security recipient status at the beginning of the previous 52 weeks; and (iii) who did not lose social security recipient status for more than 6 weeks of the previous 52 weeks.
Note: See also the definition of social security recipient status in this subsection.

main supporter of a secondary pupil child: see section 5G.

maintenance: see section 10. maintenance income: see section 10. major disaster means a disaster in respect of which a declaration is in force under section 36. managed investment: see subsections 9(1A), (1B) and (1C).
maximum Part A rate of family tax benefit is the maximum rate worked out in step 1 of the method statement in clause 3 or 28A of Schedule 1 to the Family Assistance Act.

medical equipment has the meaning given by section 917A.

medical practitioner means a person registered and licensed as a medical practitioner under a State or Territory law that provides for the registration or licensing of medical practitioners.
medicare program has the same meaning as in the Human Services (Medicare) Act 1973. member of a couple: see subsections 4(2), (3), (3A), (6) and (6A).

202 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 23 member of an ordinary couple with different principal homes: see subsection 12(2).

members of a trade union: see subsection 16(3).


mental hospital means premises in relation to which a declaration by the Secretary under section 30 is in force.
mental hospital patient means: (a) a person who: (i) has been admitted to a mental hospital as a patient of the hospital; and (ii) is shown on the records of the hospital as a patient (other than an outpatient) of the hospital; or (b) a person who: (i) is being transferred to a mental hospital; and (ii) will become a mental hospital patient within the meaning of paragraph (a) at that hospital; and (iii) immediately before being transferred, was a mental hospital patient within the meaning of paragraph (a) at another mental hospital.
military defined benefit income stream: see subsection 9(1).

Military Rehabilitation and Compensation Act or MRCA means the Military Rehabilitation and Compensation Act 2004.

Military Rehabilitation and Compensation Act Education and Training Scheme has the meaning given by the Family Assistance Act.

minimum pension supplement amount has the meaning given by subsection 20A(4).
National Green Jobs Corps program means the program administered by the Commonwealth known as the National Green Jobs Corps Program.
National Green Jobs Corps supplement means: Social Security Act 1991 203 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 23 (a) an amount payable under subsection 503C(2) to a person receiving a parenting payment; or (b) an amount payable under subsection 556B(2) to a person receiving youth allowance; or (c) an amount payable under subsection 645(2) to a person receiving newstart allowance.
NDIS amount has the same meaning as in the National Disability Insurance Scheme Act 2013.

NDIS participant means a participant within the meaning of the National Disability Insurance Scheme Act 2013.

NDIS plan means a plan, for an NDIS participant, within the meaning of the National Disability Insurance Scheme Act 2013.

NEIS payment means a payment under the scheme known as the New Enterprise Incentive Scheme.
new apprentice means a person who satisfies the requirements determined in an instrument under subsection (7).
newly arrived resident’s waiting period means: (a) a carer payment newly arrived resident’s waiting period under sections 201AA and 201AB; or (b) a bereavement allowance newly arrived resident’s waiting period under sections 322 and 323; or (bb) a parenting payment newly arrived resident’s waiting period under sections 500X and 500Y; or (c) a youth allowance newly arrived resident’s waiting period under section 549D; or (ca) an austudy payment newly arrived resident’s waiting period under section 575D; or (cb) a pensioner education supplement newly arrived resident’s waiting period under section 1061PU; or (e) a jobseeker payment newly arrived resident’s waiting period under sections 623A and 623B; or 204 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 23 (g) a special benefit newly arrived resident’s waiting period under sections 732 and 739A; or (h) a partner allowance newly arrived resident’s waiting period under sections 771HC and 771HNA; or (i) a carer allowance newly arrived resident’s waiting period under sections 966 and 967; or (j) a mobility allowance newly arrived resident’s waiting period under sections 1039AA and 1039AB; or (k) a seniors health card newly arrived resident’s waiting period under section 1061ZH; or (ka) a health care card newly arrived resident’s waiting period under section 1061ZQ.
new PRC (temporary) entry permit: see subsection 7(1).

nominated visa holder means a person to whom, in accordance with section 731, Subdivision AA of Division 1 of Part 2.15 applies.
nominated visa holder means a person who is: (a) the holder of a visa that is included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to which subparagraph 729(2)(g)(i) applies; and (b) a person to whom subsection 729(2A) applies.

non-benefit parenting allowance means non-benefit parenting allowance under this Act as previously in force.

non-benefit PP (partnered): see section 18.


Northern Territory CDEP transition payment means a Northern Territory CDEP transition payment under Part 2.27. not payable in relation to a social security payment: see subsection (16).

November earnings average: see subsections 20(1) and (6).

number of advance days has the meaning given by section 914F.
Social Security Act 1991 205 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 23 officer means a person performing duties, or exercising powers or functions, under or in relation to the social security law.

old PRC (temporary) entry permit: see subsection 7(1).
ordinary income: see subsection 8(1) and section 1072. ordinary waiting period means: (aa) a parenting payment ordinary waiting period under sections 500WA and 500WB; or (ab) a youth allowance ordinary waiting period under sections 549CA and 549CB; or (a) a jobseeker payment ordinary waiting period under sections 620 and 621. original family law affected income stream: see section 9C.

parent: see subsection 5(1).

parenting allowance means parenting allowance under this Act as previously in force.
parenting order has the meaning given by section 64B of the Family Law Act 1975. parenting payment: see section 18. parenting plan has the meaning given by the Family Law Act 1975.

Part 2.23B major disaster means a disaster in respect of which a determination is in force under section 36A.

Part A rate of family tax benefit is the Part A rate of family tax benefit worked out under Part 2 or 3 of Schedule 1 to the Family Assistance Act.

partial capacity to work has the meaning given by section 16B.
participating in the pension loans scheme: see subsection (11).

participation failure instalment period: 206 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 23 (a) in relation to the payability of youth allowance—has the meaning given by subsection 550B(3); and (b) in relation to the payability of austudy payment—has the meaning given by subsection 576A(3).

partner: see subsection 4(1).


partner bereavement payment: see subsection 21(1).

partnered: see paragraph 4(11)(a).

partnered (partner getting benefit): see paragraph 4(11)(e).

partnered (partner getting neither pension nor benefit): see paragraph 4(11)(b).

partnered (partner getting pension): see paragraph 4(11)(d).

partnered (partner getting pension or benefit): see paragraph 4(11)(c).

partnered (partner in gaol): see paragraph 4(11)(f).
partner of a non-independent YA recipient means a person who is a member of a couple the other member of which is receiving a youth allowance and is not independent within the meaning of Part 3.5. payday, in relation to a person, means: (a) if the person is receiving a social security pension, a social security benefit, a carer allowance, a double orphan pension or a pensioner education supplement—a day on which an instalment of the pension, benefit, supplement or allowance is, or would normally be, paid to the person; or Social Security Act 1991 207 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 23 (b) if the person is receiving a service pension, income support supplement or a veteran payment—a day on which an instalment of the service pension, income support supplement or veteran payment is, or would normally be, paid to the person under the Veterans’ Entitlements Act.
Note: Subsection 43(3E) of the Administration Act affects when an instalment is, or would normally be, paid to a person if the Secretary has determined under subsection 43(3A) of that Act that the person is to be paid the total amount of a social security periodic payment relating to an instalment period in 2 payments.

PBBP employment income (short for pension bonus bereavement payment employment income) has the meaning given by section 93WC.
pension age has the meaning given by subsections (5A), (5B), (5C) and (5D).

pension bonus means pension bonus under Part 2.2A (and does not include a pension bonus bereavement payment under Division 12 of that Part).

pension bonus bereavement payment means a pension bonus bereavement payment under Division 12 of Part 2.2A.

pensioner concession card means a card under Division 1 of Part 2A.1.

pensioner couple: see subsection 9(1).


pension payday means: (a) the Thursday that falls on 4 July 1991; and (b) each succeeding alternate Thursday up to, and including, Thursday 24 June 1999. pension period means the instalment period of an instalment of a social security pension.

pension PP (single): see section 18.


208 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 23 pension supplement amount, for a person, means the amount added under the pension supplement Module (if any) of the Rate Calculator when working out the rate of the person’s social security payment.

pension supplement basic amount has the meaning given by subsection 20A(5).
pension year: see subsections 11(10) and (10AAA).

periodic payments period: see subsection 17(1).

permanent visa: see subsection 7(1).

person with medical needs has the meaning given by section 917A.

physical impairment includes sensory impairment.

physically present in a remote area: see subsection 14(2).

potential compensation payer: see subsection 17(1).

prescribed educational scheme: see subsection 5(1).

prescribed student child: see subsection 5(11).

primary FLA income stream: see section 9C.


primary producer: see subsection 11(1).

primary production: see subsection 11(1).

primary victim of a declared overseas terrorist act has the meaning given by subsection 1061PAA(2).

principal beneficiary, of a special disability trust, has the meaning given by subsection 1209M(1).

principal carer of a child: see subsections 5(15) to (24).

principal home: see section 11A.


Social Security Act 1991 209 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 23 program of assistance means: (a) a program approved under section 28A; or (b) a program offered as part of the competitive employment training and placement services as defined by section 7 of the Disability Services Act 1986. prohibited relationship has the meaning given by subsections 4(12) and (13).
proprietary company has the same meaning as in the Corporations Act 2001. protected information means: (a) information about a person that: (i) was obtained by an officer under the social security law; and (ii) is or was held in the records of the Department; or (aa) information about a person that: (i) was obtained by an officer under the social security law; and (ii) is or was held in the records of the Human Services Department within the meaning of this Act as in force at any time; or (b) information about a person obtained by an officer under the family assistance law that is or was held in the records of the Australian Taxation Office; or (baa) information about a person that was held in the records of the Commonwealth Services Delivery Agency (within the meaning of the Commonwealth Services Delivery Agency Act 1997 as in force before 1 July 2011); or (bab) information about a person that: (i) was obtained by an officer under the family assistance law; and (ii) was held in the records of Medicare Australia (within the meaning of the Medicare Australia Act 1973 as in force before 1 July 2011); or 210 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 23 (ba) information about a person obtained by an officer under the family assistance law that was held in the records of the Health Insurance Commission; or (c) information to the effect that there is no information about a person held in the records of one or more of the following: (i) the Department; (ii) the Human Services Department; (iii) the Australian Taxation Office.
protected SCV holder: see subsections 7(2A), (2B), (2C) and (2D).

psychiatric confinement: see subsections (8) and (9).

public unit trust: see subsection 9(1).

purchase price in relation to an income stream: see subsection 9(1).

qualification period, for a student start-up loan, has the meaning given by section 19AA.

qualifying Australian residence: see subsection 7(5).

qualifying residence exemption: see subsections 7(6) and (6AA).
quarterly energy supplement means the separate social security payment described in Division 2 of Part 2.18A.

quarterly pension supplement means the separate social security payment described in subsection 1061VA(1).

reasonable security of tenure: see subsection 11A(10).

receive has the meaning given by subsections (2), (4), (4A) and (4AA).

receives compensation: see subsection 17(5).

refundable deposit: see subsection 11(1).

refundable deposit balance: see subsection 11(1).


Social Security Act 1991 211 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 23 registered and active foster carer has the meaning given by section 5B.
registered charity means an entity that is registered under the Australian Charities and Not-for-profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25-5(5) of that Act.
registered parenting plan has the meaning given by the Family Law Act 1975. registered public benevolent institution means an institution that is: (a) a registered charity; and (b) registered under the Australian Charities and Not-for-profits Commission Act 2012 as the subtype of entity mentioned in column 2 of item 14 of the table in subsection 25-5(5) of that Act.
registered religious institution means an institution that is: (a) a registered charity; and (b) registered under the Australian Charities and Not-for-profits Commission Act 2012 as the subtype of entity mentioned in column 2 of item 4 of the table in subsection 25-5(5) of that Act.

regular care child has the meaning given by subsection 3(1) of the Family Assistance Act.
rehabilitation program means: (a) a rehabilitation program under Part III of the Disability Services Act 1986; or (b) a follow-up program in relation to which a determination by the Secretary under section 31 is in force.

relationship child has the meaning given by subsection 5(25).

relationship parent has the meaning given by subsection 5(25).

relative (other than a parent): see section 5E.


212 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 23 relevant AWOTE: see subsection 16A(1).

relevant minimum wage, for an employee, means the minimum wage payable to the employee under law.

relevant number in relation to an income stream: see subsection 9(1).

remote area: see subsection 14(1).


rent: see section 13. rent assistance child has the meaning given by subsection 3(1) of the Family Assistance Act.

Reserves means: (a) the Naval Reserve; or (b) the Army Reserve; or (c) the Air Force Reserve.

residing in a nursing home: see subsection 13(8).

residual capital value in relation to an income stream: see subsections 9(1) and (10).

respite care couple: see subsection 4(8).

retirement savings account: see subsection 9(1).


retirement village: see subsections 12(3) and (4).

retirement village resident: see subsection 12(5).

return: (a) in relation to an ATO small superannuation account—see subsection 9(1); or (b) in relation to any other investment in the nature of superannuation—see subsection 9(1).

sale leaseback agreement: see subsections 12B(2) and (3).

sale leaseback home: see subsection 12B(9).


Social Security Act 1991 213 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 23 sale leaseback resident: see subsections 12B(10) and (11).
satisfies the employment pathway plan requirements: a person satisfies the employment pathway plan requirements if the following apply: (a) the person enters into an employment pathway plan if required to do so by the Employment Secretary under subsection 40A(1) or (2) of the Administration Act; (b) while an employment pathway plan is in force in relation to the person, the person satisfies the Employment Secretary that the person is complying with the requirements in the plan.
seasonal work: see subsections 16A(1), (1A) and (2).

seasonal work income: see subsection 16A(1).

seasonal work preclusion period: see subsections 16A(3) and (4).

secondary FLA income stream: see sections 9C and 9D.

secondary pupil child: see section 5F.

secondary victim of a declared overseas terrorist act has the meaning given by subsection 1061PAA(3).
Secretary means: (a) except in relation to Subdivision D of Division 2 of Part 4A of the Administration Act—the Secretary of the Department; or (b) in relation to Subdivision D of Division 2 of Part 4A of the Administration Act: (i) in the review of a decision made by the Chief Executive Centrelink or a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997) as a delegate of the Secretary of the Department or of the Secretary of the Employment Department—the Chief Executive Centrelink; or 214 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 23 (iii) in the review of any other decision—the Secretary of the Department.
security notice means a notice under section 38N.

seniors health card means a card under Division 2 of Part 2A.1.

served the waiting period: see subsections (10) and (10A).

service payday means a pension payday within the meaning of the Veterans’ Entitlements Act.
service pension means: (a) an age service pension under Part III of the Veterans’ Entitlements Act; or (b) an invalidity service pension under Part III of the Veterans’ Entitlements Act; or (c) a partner service pension under Part III of the Veterans’ Entitlements Act; or (d) a carer service pension under Part III of the Veterans’ Entitlements Act.

severely disabled: see subsection (4B).


sheltered employment: see section 19. short course means a course of education that lasts for 30 weeks or less including vacations.

sibling, of a person, includes a half-brother, half-sister, adoptive brother, adoptive sister, stepbrother or stepsister of the person, but does not include a foster-brother or foster-sister of the person.

single person sharing accommodation: see section 5A.
social security benefit means: (aa) widow allowance; or (aab) youth allowance; or (aac) austudy payment; or (a) jobseeker payment; or Social Security Act 1991 215 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 23 (d) special benefit; or (e) partner allowance; or (f) benefit PP (partnered); or (g) parenting allowance (other than non-benefit allowance).
social security entitlement means: (a) an age pension; or (b) a disability support pension; or (d) a carer payment; or (e) a parenting payment; or (g) a widow allowance; or (ha) a youth allowance; or (hb) an austudy payment; or (i) a job search allowance; or (j) a jobseeker payment.
Social Security (Fares Allowance) Rules 1998, in relation to a time after the commencement of Schedule 1 to the Youth Allowance Consolidation Act 2000, means those Rules as they continue in force under clause 126 of Schedule 1A.

social security law: see subsection (17).


social security payment means: (a) a social security pension; or (b) a social security benefit; or (c) an allowance under this Act; or (e) any other kind of payment under Chapter 2 of this Act; or (ea) a payment under Chapter 2AA of this Act (Student start-up loans); or (f) a pension, benefit or allowance under the 1947 Act.
social security pension means: (a) an age pension; or (b) a disability support pension; or (d) a carer payment; or 216 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 23 (e) a pension PP (single); or (ea) a sole parent pension; or (k) a special needs pension.
social security recipient status, for the purposes of the definition of long-term social security recipient, means: (a) in the case of a person who is receiving a youth allowance, an austudy payment or jobseeker payment—status as a recipient of a social security pension, a social security benefit, a youth training allowance, an ABSTUDY allowance, an AUSTUDY allowance, a service pension or income support supplement; or (b) in any other case—status as a recipient of a social security pension, a social security benefit, a youth training allowance, a service pension, income support supplement or a veteran payment; and includes status held on or after 20 March 2000 as a CDEP Scheme participant receiving the CDEP Scheme Participant Supplement.
sole parent pension means sole parent pension under this Act as previously in force.

special category visa: see subsection 7(1).

special disability trust has the meaning given by section 1209L.

special employment advance qualifying entitlement means: (a) an austudy payment; or (b) a carer payment; or (c) a disability support pension; or (f) a jobseeker payment; or (g) a pension PP (single); or (i) a widow allowance; or (k) a youth allowance.
special needs disability support wife pension: see subsection 17(1).

Social Security Act 1991 217 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 23 special needs invalid wife pension: see subsection 17(1).

special residence: see subsection 12C(2).

special resident: see subsection 12C(3).

step-child: see subsection 5(1).

step-parent: see subsection 5(1).

student child: see subsection 5(1A).


Student Financial Supplement Scheme means: (a) the scheme constituted by Part 4A of the Student Assistance Act 1973; or (b) the scheme established under Chapter 2B of this Act.

student income bank: see subsection 8(1).

student start-up loan has the meaning given by section 19AA.

study includes vocational training.

subject to a seasonal work preclusion period: see subsection 16A(11).
subject to participation requirements: a person is subject to participation requirements if, because of paragraph 500(1)(c) or (1)(ca), the person cannot be qualified for parenting payment unless the person meets any participation requirements that apply to the person under section 500A.

superannuation benefit: see subsection 9(1).

superannuation contributions surcharge: see subsection 9(1).

superannuation fund: see subsection 9(1).


TAFE institution means an institution that is a technical and further education institution for the purposes of the Student Assistance Act 1973.

218 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 23 taxable income has the same meaning as in the Income Tax Assessment Act.

tax-exempt pension supplement has the meaning given by subsection 20A(6).
tax file number has the same meaning as in Part VA of the Income Tax Assessment Act.

tax year has the same meaning as year of income has in the Income Tax Assessment Act.

Note: Section 6 of the Income Tax Assessment Act defines year of income as the financial year (1 July to 30 June) or, if another accounting period has been adopted under section 18 of that Act instead of the financial year, that accounting period.

temporarily separated couple: see subsection 4(9A).
terrorist act has the same meaning as in subsection 100.1(1) of the Criminal Code.

TFN declaration has the same meaning as in Part VA of the Income Tax Assessment Act 1936. this Act means this Act as originally enacted or as amended and in force at any time.

trade union: see subsection 16(1).

training supplement means: (a) an amount payable under subsection 503B(2) to a person receiving a parenting payment; or (b) an amount payable under subsection 644AAC(2) to a person receiving newstart allowance.
transfer day, in relation to a transferee to a social security pension or benefit, has the same meaning as in the Administration Act.

transferee, in relation to a social security pension or benefit, has the same meaning as in the Administration Act.
Social Security Act 1991 219 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 23 transitional DSP applicant means a person: (a) who made a claim for a disability support pension on or after 11 May 2005 and before 1 July 2006; and (b) to whom, on or after 1 July 2006, a notice under subsection 63(2) or (4) of the Administration Act is given; and (c) who is required under the notice to undertake a specified activity for the purpose of reviewing his or her capacity to perform work.
transition day, for a person affected by Part 2.27 (Northern Territory CDEP transition payment), has the meaning given by section 1061ZAAM.

treating health professional: see section 38F.

unavoidable or reasonable expenditure: see subsection 19C(4).

undertaking full-time study has the meaning given in section 541B.

unemployment: see subsection 16(1).

unlisted public security: see subsection 9(1).

unrealisable asset: see subsections 11(12) and (13).
unsuitable: particular paid work is unsuitable to be done by a person in the circumstances set out in section 40X of the Administration Act.

utilities allowance means utilities allowance under Part 2.25A.

value of a charge or encumbrance on an asset: see subsection 11(3).

value of a liability: see subsection 11(3A).

value of a particular asset: see subsection 11(2).


220 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 23 veteran payment means a veteran payment made under an instrument made under section 45SB of the Veterans’ Entitlements Act 1986.

Veterans’ Children Education Scheme has the meaning given by the Family Assistance Act.
Veterans’ Entitlements Act or VEA means the Veterans’ Entitlements Act 1986.

VET provider means a registered training organisation (within the meaning of the National Vocational Education and Training Regulator Act 2011) that provides vocational education and training.

visa: see subsection 7(1).
vocational training: see section 19. waiting period means: (aa) a carer payment newly arrived resident’s waiting period under sections 201AA and 201AB; or (ab) a bereavement allowance newly arrived resident’s waiting period under sections 322 and 323; or (ac) a parenting payment ordinary waiting period under sections 500WA and 500WB; or (aca) a parenting payment newly arrived resident’s waiting period under sections 500X and 500Y; or (ad) a youth allowance ordinary waiting period under sections 549CA and 549CB; or (ae) a youth allowance newly arrived resident’s waiting period under sections 549D and 549E; or (b) jobseeker payment ordinary waiting period under sections 620 and 621; or (ca) a jobseeker payment newly arrived resident’s waiting period under sections 623A and 623B; or (ka) a special benefit newly arrived resident’s waiting period under sections 732 and 739A; or Social Security Act 1991 221 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 23 (kb) a partner allowance newly arrived resident’s waiting period under sections 771HC and 771HNA; or (l) a carer allowance newly arrived resident’s waiting period under sections 966 and 967; or (n) a mobility allowance newly arrived resident’s waiting period under sections 1039AA and 1039AB; or (o) a seniors health card newly arrived resident’s waiting period under section 1061ZA.
working credit participant: see subsection 8(1).

young person: see subsection 5(1B).

youth allowance participation failure has the meaning given by section 550. youth allowance payment period means a period under section 43 of the Administration Act for which youth allowance is or may be payable.

youth training allowance means a youth training allowance under Part 8 of the Student Assistance Act 1973 as previously in force.
(1A) Where: (a) a provision of this Act refers to: (i) the greater or greatest, or the higher or highest; or (ii) the lesser or least, or the lower or lowest; of 2 or more amounts; and (b) the amounts are equal; the provision is taken to refer to one only of the amounts.
(1B) Where: (a) a provision of this Act refers to the greatest or highest of 3 or more amounts; and (b) 2 or more (but not all) of the amounts are equal and exceed the other amount or other amounts; the provision is taken to refer to one only of those equal amounts.
222 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 23 (1C) Where: (a) a provision of this Act refers to the least or lowest of 3 or more amounts; and (b) 2 or more (but not all) of the amounts are equal and are less than the other amount or other amounts; the provision is taken to refer to one only of those equal amounts.
(1D) If, on a day that is on or after 20 September 2004: (a) adjusted disability pension (within the meaning of section 118NA of the Veterans’ Entitlements Act) is payable to a person or a person’s partner; and (b) apart from this subsection, a social security pension or social security benefit is not payable to the person, but only because the rate of the pension or benefit would be nil; and (c) the rate of the social security pension or social security benefit would not be nil if the 2 assumptions (that relate to the adjusted disability pension) referred to in step 2 of method statement 1 in subsection 118NC(1) of the Veterans’ Entitlements Act were made; then, despite any other provision of this Act: (e) the social security pension or social security benefit is taken to be payable to the person on that day; and (f) the person is taken to be receiving the social security pension or social security benefit on that day.
Note: This subsection overrides provisions of this Act (for example, sections 44 and 98) that provide that a social security pension or social security benefit is not payable where the rate of the pension or benefit would be nil, but only where the rate would not be nil if the 2 assumptions referred to in paragraph (c) were made.
(2) For the purposes of this Act (other than section 735), a person is taken to be receiving a payment under this Act from the earliest day on which the payment is payable to the person even if the first instalment of the payment is not paid until a later day.
(4) For the purposes of this Act, a person is taken to be receiving a social security payment until the latest day on which the payment Social Security Act 1991 223 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 23 is payable to the person even if the last instalment of the payment is not paid until a later day.
(4A) Despite subsection (4), if: (a) a person is receiving a social security pension or social security benefit; and (b) the person’s rate of payment of the pension or benefit is worked out with regard to the income test module of a rate calculator in Chapter 3; and (d) the person or the person’s partner has employment income; and (e) the person would, but for this subsection, cease to be receiving the pension or benefit on and from a day (the cessation day): (i) if paragraph (d) applies to the person—because of the employment income of the person (either alone or in combination with any other ordinary income earned, derived or received, or taken to have been earned, derived or received, by the person); or (ii) if paragraph (d) applies to the partner—because of the employment income of the partner (either alone or in combination with any other ordinary income earned, derived or received, or taken to have been earned, derived or received, by the partner); and (f) but for the employment income, or the combined income, referred to in paragraph (e), the pension or benefit would continue to be payable to the person on and from the cessation day; and (g) the person continues to be qualified for the pension or benefit on and from the cessation day; then, for the purposes only of the provisions of this Act that are specified in subsection (4AA), the person is taken to be receiving the pension or benefit until: (h) 12 weeks after the end of the instalment period in which the cessation day occurs; or 224 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 23 (j) the day the pension or benefit would cease to be payable to the person for a reason other than the employment income, or the combined income, referred to in paragraph (e); or (k) the day the person ceases to be qualified as mentioned in paragraph (g); whichever happens first.
(4AA) For the purposes of subsection (4A), the following are the specified provisions of this Act: (a) provisions in Chapter 2 that provide for an increase in a person’s rate of payment by an amount to be known as the approved program of work supplement; (aa) provisions in Chapter 2 that provide for an increase in a person’s rate of payment by an amount to be known as the training supplement; (ab) provisions in Chapter 2 that provide for an increase in a person’s rate of payment by a National Green Jobs Corps supplement; (ac) Part 2.6B (2020 economic support payments); (ad) paragraph 313(2)(a); (b) section 1048; (c) section 1061PJ; (d) section 1061Q; (e) subsection 1061ZK(5); (f) 1070W; (g) 1070X; (h) provisions within the income test module of a rate calculator in Chapter 3 prescribing the partner income free area or the partner income excess for a person.
(4B) For the purposes of this Act, a person is severely disabled if: (a) a physical impairment, a psychiatric impairment, an intellectual impairment, or 2 or all of such impairments, of the person make the person, without taking into account any other factor, totally unable: (i) to work for at least the next 2 years; and Social Security Act 1991 225 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 23 (ii) unable to benefit within the next 2 years from participation in a program of assistance or a rehabilitation program; or (b) the person is permanently blind.
(4C) For the purposes of this Act, a person is in disability accommodation if: (a) the person: (i) is in accommodation for people with disabilities; or (ii) is: (A) in accommodation that is not the principal home of the parents or a parent of the person; and (B) receiving accommodation support services for people with disabilities; and (b) the accommodation, or services, for people with disabilities are funded wholly or partly by the Commonwealth, a State or a Territory.
(4CA) For the purposes of this Act, a person is in residential care if the person is being provided with residential care through an aged care service conducted by an approved provider (within the meaning of the Aged Care Quality and Safety Commission Act 2018).

(4CB) An expression used in subsection (4CA) and in the Aged Care Act 1997 has the same meaning in that subsection as in that Act.
(4D) For the purposes of this Act, a person is living away from the person’s parental home if the person is living away from: (a) where the person’s parents have the same principal home— that home; or (b) where the person has only one parent—the principal home of that parent; or (c) where the person’s parents have different principal homes— all of those homes.
(5) For the purposes of this Act, a person is in gaol if: 226 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 23 (a) the person is being lawfully detained (in prison or elsewhere) while under sentence for conviction of an offence and not on release on parole or licence; or (b) the person is undergoing a period of custody pending trial or sentencing for an offence.
Pension age (5A) A man born during the period specified in column 2 of an item in the following table reaches pension age when he turns the age specified in column 3 of that item.
Table—Pension age for men Column 1 Column 2 Column 3 Item Period during which man was born Pension age On or before 30 June 1952 65 years 1 July 1952 to 31 December 1953 65 years and 6 months 1 January 1954 to 30 June 1955 66 years 1 July 1955 to 31 December 1956 66 years and 6 months On or after 1 January 1957 67 years (5B) A woman born before 1 July 1935 reaches pension age when she turns 60.
(5C) A woman born within the period specified in column 2 of an item in the following Table reaches pension age when she turns the age specified in column 3 of that item.

Table—Pension age for women Column 1 Column 2 Item no.

Period within which woman was born (both dates inclusive) Column 3 Pension age 1.

2.

3.
2.

3.

From 1 July 1935 to 31 December 1936 60 years and 6 months From 1 January 1937 to 30 June 1938 61 years From 1 July 1938 to 31 December 1939 61 years and 6 months Social Security Act 1991 227 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 23 Table—Pension age for women Column 1 Column 2 Item no.

Period within which woman was born (both dates inclusive) Column 3 Pension age 4.

5.

6.

7.

8.

9.
5.

6.

7.

8.

9.

From 1 January 1940 to 30 June 1941 62 years From 1 July 1941 to 31 December 1942 62 years and 6 months From 1 January 1943 to 30 June 1944 63 years From 1 July 1944 to 31 December 1945 63 years and 6 months From 1 January 1946 to 30 June 1947 64 years From 1 July 1947 to 31 December 1948 64 years and 6 months (5D) A woman born during the period specified in column 2 of an item in the following table reaches pension age when she turns the age specified in column 3 of that item.
Table—Pension age for women Column 1 Column 2 Column 3 Item Period during which woman was born Pension age January 1949 to 30 June 1952 65 years 1 July 1952 to 31 December 1953 65 years and 6 months 1 January 1954 to 30 June 1955 66 years 1 July 1955 to 31 December 1956 66 years and 6 months On or after 1 January 1957 67 years New apprentice (7) The Minister may, by legislative instrument, determine requirements for the purposes of the definition of new apprentice in subsection (1).
Psychiatric confinement (8) Subject to subsection (9), psychiatric confinement in relation to a person includes confinement in: (a) a psychiatric section of a hospital; and 228 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 23 (b) any other place where persons with psychiatric disabilities are, from time to time, confined.
(9) The confinement of a person in a psychiatric institution during a period when the person is undertaking a course of rehabilitation is not to be taken to be psychiatric confinement.
Served the waiting period (10) If a person is subject to an ordinary waiting period for a social security benefit or social security pension, the person is to be taken to have served the waiting period if, and only if: (a) the waiting period has ended; and (b) the person was, throughout the waiting period, qualified for the social security benefit.

Note: For ordinary waiting period see subsection (1).
(10A) If a person is subject to a liquid assets test waiting period for a social security benefit, the person is to be taken to have served the waiting period if, and only if: (a) the waiting period has ended; and (b) the person was, apart from the liquid assets test provision concerned, qualified for the benefit throughout so much of the waiting period as occurs after the claim for the benefit was made.
(10B) For the purposes of subsection (10A), the liquid assets test provisions are sections 549A to 549C, 575A to 575C and 598.
(10C) For the purposes of this Act: full year course means: (a) a course of education that starts: (i) on 1 January; or (ii) after 1 January and before 1 April; or (iii) on 1 July; or (iv) after 1 July and before 1 August; and lasts for more than 30 weeks (including vacations); or Social Security Act 1991 229 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 23 (b) an articulated short course sequence whose first course starts: (i) on 1 January; or (ii) after 1 January and before 1 April; or (iii) on 1 July; or (iv) after 1 July and before 1 August; and the length of whose courses (including vacations) add up to more than 30 weeks.
(10D) For the purposes of this Act: late starting course means: (a) a course of education that starts: (i) on 1 April; or (ii) after 1 April and before 1 July; or (iii) after 31 July; and lasts for more than 30 weeks (including vacations); or (b) an articulated short course sequence whose first course starts: (i) on 1 April; or (ii) after 1 April and before 1 July; or (iii) after 31 July; and the length of whose courses (including vacations) add up to more than 30 weeks.
(10E) In subsections (10C) and (10D): articulated short course sequence means a sequence of 2 or more articulated short courses that: (a) is undertaken by a person during a 12 month period; and (b) begins on the first day of the first course in the sequence; and (c) ends at the end of the last day of the last course in the sequence.
(10F) For the purposes of subsection (10E), if: (a) a person undertakes at least 2 short courses of education; and (b) the person starts the second short course and (if applicable) each subsequent short course: 230 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 23 (i) within 28 days after completing the immediately preceding short course; or (ii) within such longer period after completing the immediately preceding short course as the Secretary approves on being satisfied that this was due to circumstances beyond the person’s control; and (c) each of the short courses is an approved course of education or study within the meaning of paragraph 1061PB(1)(b); and (d) the person may, as a result of undertaking each of the short courses, receive an accreditation or an award from an educational institution for another approved course of education or study within the meaning of paragraph 1061PB(1)(b); each of the short courses is an articulated short course.
Participation in pension loans scheme (11) For the purposes of this Act, a person is participating in the pension loans scheme if: (a) the person has made a request to participate in the scheme under section 1136; and (b) because of the request, the rate of the pension payable to the person is the rate covered by paragraph 1134(1)(e); and (c) the person owes a debt to the Commonwealth under section 1135.
(12) If: (a) section 237 of the Administration Act applies to a notice of a decision under this Act; or (b) sections 28A and 29 of the Acts Interpretation Act 1901 (the Interpretation Act) apply to a notice under this Act; section 237 of the Administration Act, or sections 28A and 29 of the Interpretation Act, as the case may be, apply to the notice even if the Secretary is satisfied that the person did not actually receive the notice.
Social Security Act 1991 231 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.2 Definitions Section 23 (14) For the purposes of this Act other than Part 2.11 and the Youth Allowance Rate Calculator in section 1067G, each of the following is a family member in relation to a person (the relevant person): (a) the partner or a parent of the relevant person; (b) a sister, brother or child of the relevant person; (c) any other person who, in the opinion of the Secretary, should be treated for the purposes of this definition as one of the relevant person’s relations described in paragraph (a) or (b).
Note: For parent see subsection 5(1), paragraph (a) of the definition of parent.
(15) For the purposes of Part 2.11 and the Youth Allowance Rate Calculator in section 1067G, each of the following is a family member in relation to a person (the relevant person): (a) a parent of the relevant person; (b) a child of a parent of the relevant person who is wholly or substantially dependent on the parent, being either a child under 16 or a child who: (i) is at least 16 years of age but has not yet attained the maximum age for youth allowance under section 543B (disregarding subsection 543B(2)); and (ii) is not independent (see section 1067A); and (iii) is not receiving a pension, benefit or allowance referred to in Module L of the Rate Calculator.
Note: For parent see subsection 5(1), paragraph (b) of the definition of parent.

(16) A reference in this Act to a social security payment being not payable includes a reference to its being not payable under the Administration Act.
(17) For the purposes of this Act, the social security law is: (a) this Act; and (b) the Administration Act; and (c) any other Act, or provision of an Act, that is expressed to form part of the social security law; and 232 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Definitions Part 1.2 Section 23 (d) a legislative instrument made under an Act or provision referred to in paragraph (a), (b) or (c).
(20) For the purposes of this Act, a full-time student load, for a course of study, is the study load represented by units of study, forming part of the course, that have a total EFTSL value of one EFTSL.

(21) Expressions used in subsection (20) that are defined in the Higher Education Support Act 2003 have in that subsection, unless the contrary intention appears, the same meaning as in that Act.
(22) For the purposes of this Act, if one person is the relationship child of another person, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.

(23) Subsection (22) does not apply for the purposes of determining when a person and his or her partner are within a prohibited relationship under subsection 4(12).
Indigenous student assistance scholarships (24) The Secretary may, by legislative instrument, specify a scholarship for the purposes of: (a) subparagraph (a)(ii) of the definition of disqualifying accommodation scholarship in subsection (1); or (b) subparagraph (a)(ii) of the definition of disqualifying education costs scholarship in subsection (1).
Social Security Act 1991 233 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.3 Determinations having interpretative effect Section 24 Part 1.3—Determinations having interpretative effect 24 Person may be treated as not being a member of a couple (subsection 4(2)) (1) Where: (a) a person is legally married to another person; and (b) the person is not living separately and apart from the other person on a permanent or indefinite basis; and (c) the Secretary is satisfied that the person should, for a special reason in the particular case, not be treated as a member of a couple; the Secretary may determine, in writing, that the person is not to be treated as a member of a couple for the purposes of this Act.
(1A) If: (a) a relationship between a person and another person (whether of the same sex or a different sex) is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section; and (b) the person is not living separately and apart from the other person on a permanent or indefinite basis; and (c) the Secretary is satisfied that the person should, for a special reason in the particular case, not be treated as a member of a couple; the Secretary may determine, in writing, that the person is not to be treated as a member of a couple for the purposes of this Act.
(2) Where: (a) a person has a relationship with another person, whether of the same sex or a different sex (the partner); and (b) the person is not legally married to the partner; and 234 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Determinations having interpretative effect Part 1.3 Section 24A (c) the relationship between the person and the partner is a de facto relationship; and (d) the Secretary is satisfied that the person should, for a special reason in the particular case, not be treated as a member of a couple; the Secretary may determine, in writing, that the person is not to be treated as a member of a couple for the purposes of this Act.
(3) A determination made under subsection (1), (1A) or (2) is not a legislative instrument.

24A Approved scholarship (1) The Minister may determine in writing that a scholarship, or a class of scholarships: (a) awarded outside Australia; and (b) not intended to be used wholly or partly to assist recipients to meet living expenses; is an approved scholarship, or a class of approved scholarships, as the case may be, for the purposes of this Act.
(2) The Minister must cause a copy of a determination to be laid before each House of the Parliament within 15 sitting days of that House after the determination is made.
25 Refugee visas If: (a) after the commencement of this section, a class of permanent visas (other than a class referred to in the Table in subsection 7(6B)) is prescribed by regulations made for the purposes of section 31 of the Migration Act 1958; and (b) the Minister is of the view that a person holding a visa of that class should be regarded as a refugee for the purposes of section 7; the Minister may, by legislative instrument, declare that class of visas to be a class of visas for the purposes of subparagraph 7(6B)(c)(iii).
Social Security Act 1991 235 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.3 Determinations having interpretative effect Section 26 26 Impairment Tables and rules for applying them Impairment Tables (1) The Minister may, by legislative instrument, determine tables relating to the assessment of work-related impairment for disability support pension.
(2) An instrument under subsection (1) may contain such ancillary or incidental provisions relating to those tables as the Minister considers appropriate.

Rules for applying Impairment Tables (3) The Minister may, in an instrument under subsection (1), determine rules that are to be complied with in applying the tables referred to in subsection (1) and the provisions referred to in subsection (2).
(4) An instrument under subsection (1) may contain such ancillary or incidental provisions relating to those rules as the Minister considers appropriate.

27 Application of Impairment Tables Claims for disability support pension (1) If a person makes a claim, or is taken to have made a claim, for disability support pension, the Secretary, in determining the claim, must apply the instrument in force under section 26 on the day the claim was made or taken to have been made.
Note: Sections 12, 13 and 15 of the Administration Act and clause 4 of Schedule 2 to that Act deal with claims for disability support pension that are taken to have been made.
(2) If: (a) the Secretary makes a decision (the original decision) relating to a claim referred to in subsection (1); and 236 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Determinations having interpretative effect Part 1.3 Section 27 (b) the Secretary or the AAT is reviewing the original decision or a later decision arising out of the original decision; the Secretary or the AAT, in making a decision on the review, must apply the instrument in force under section 26 on the day the claim was made or taken to have been made.
Note: The effect of this subsection is that any change to the instrument under section 26 from the making of the claim to the making of a decision on the review must be disregarded.
Review of qualification for disability support pension (3) If: (a) a person is receiving disability support pension; and (b) the Secretary gives the person a notice (the assessment notice) under subsection 63(2) or (4) of the Administration Act in relation to assessing the person’s qualification for that pension; the Secretary, in assessing the person’s qualification for that pension, must apply the instrument in force under section 26 of this Act on the day the assessment notice was given.
(4) If: (a) after assessing the person’s qualification for that pension, the Secretary makes a determination under section 80 of the Administration Act in relation to that pension; and (b) the Secretary or the AAT is reviewing that determination or a later decision arising out of that determination; the Secretary or the AAT, in making a decision on the review, must apply the instrument in force under section 26 of this Act on the day the assessment notice was given.
Note: The effect of this subsection is that any change to the instrument under section 26 from the giving of the assessment notice to the making of a decision on the review must be disregarded.
Social Security Act 1991 237 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.3 Determinations having interpretative effect Section 28 28 Approved programs of work for income support payment (1) The Secretary may declare, in writing,, by legislative instrument, declare particular programs of work to be approved programs of work for income support payment.
(2) The Secretary must not declare a particular program of work to be an approved program of work for income support payment if persons participating in the program would be required to work: (a) if the persons are under 21 and subsection (4) does not apply to them—more than 24 hours in each fortnight of their respective participation in the program; and (b) if the persons are not under 21 and subsection (4) does not apply to them—more than 30 hours for each fortnight of their respective participation in the program; and (c) if subsection (4) applies to the persons—more than 50 hours for each fortnight of their respective participation in the program.
(3) For the purposes of subsection (2), each fortnight of participation in the program is a fortnight in respect of which the person receives a social security payment.

(4) This subsection applies to a person if: (a) the person is under 60; and (b) the Secretary determines that the person is a person to whom this subsection applies.
(5) The Secretary may determine either one or both of the following by legislative instrument: (a) matters that the Secretary is to take into account in making a determination under paragraph (4)(b); (b) matters that the Secretary is not to take into account in making a determination under paragraph (4)(b).
(6) A determination under subsection (5) does not, to the extent that it is a determination under paragraph (5)(a), limit the matters that the Secretary may take into account in making a determination under paragraph (4)(b).
238 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Determinations having interpretative effect Part 1.3 Section 28A 28A Approval of programs of assistance The Secretary may, by writing, approve: (a) a course of vocational training; or (b) a labour market program; or (c) another course or program; (other than a rehabilitation program) as a program of assistance for the purposes of this Act.
28B Approved training courses for training supplement (1) The Secretary may approve a training course for training supplement for a person if: (a) subsection (2) applies in relation to the person; and (b) subsection (3) applies in relation to the course; and (c) the Secretary is satisfied that the person will meet the requirements set out in paragraph (4)(a) or (b).
(2) This subsection applies in relation to the person if: (a) the person has not completed the final year of secondary school or an equivalent level of education; or (b) the person: (i) has been awarded a VET qualification accredited at Certificate I, Certificate II, Certificate III or Certificate IV level in the Australian Qualifications Framework; and (ii) is not studying for, and has not been awarded, a qualification accredited at diploma level or higher in the Australian Qualifications Framework.
(3) This subsection applies in relation to the course if: (a) the course lasts not more than 12 months; and (b) the course: (i) is accredited at Certificate I, Certificate II, Certificate III or Certificate IV level in the Australian Qualifications Framework; or Social Security Act 1991 239 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.3 Determinations having interpretative effect Section 28C (ii) in the Secretary’s opinion, is equivalent to a course accredited at any of those levels; and (c) in a case where paragraph (2)(b) applies in relation to the person, the course: (i) leads to a qualification that, in the Australian Qualifications Framework, is directly related to, and at a higher level than, the person’s VET qualification; or (ii) would, in the Secretary’s opinion, enhance the person’s prospects of employment by allowing the person to acquire skills in a trade or field other than the trade or field covered by the person’s VET qualification.
(4) The requirements referred to in paragraph (1)(c) are that: (a) the person will be a full time student in respect of the course within the meaning given by section 569C; or (b) if the person has a partial capacity to work or is the principal carer of at least one child number of hours of study per week in respect of the course as is reasonable in the person’s circumstances.
the person will undertake a (5) In this section: Australian Qualifications Framework has the meaning given by the Higher Education Support Act 2003.

28C Declared program participants (1) The Secretary may, by legislative instrument, make a determination for the purposes of the definition of declared program participant in subsection 23(1).
(2) The determination may provide for the operation of the social security law in relation to a person who becomes, or stops being, a declared program participant at a particular time (including in relation to things that happened before that time).
29 Approval of friendly societies The Secretary may determine that: 240 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Determinations having interpretative effect Part 1.3 Section 30 (a) a friendly society; or (b) a person or body that, in the Secretary’s opinion: (i) is similar in character to a friendly society; and (ii) provides benefits similar to the benefits provided by a friendly society; is an approved friendly society for the purposes of this Act.
30 Approval of mental hospitals If the Secretary is satisfied that accommodation for persons with a mental disability is provided at particular premises, he or she may declare the premises to be a mental hospital for the purposes of this Act.
31 Approval of follow-up rehabilitation programs The Secretary may determine that: (a) a follow-up program under Part III of the Disability Services Act 1986; or (b) each of the programs included in a class of follow-up programs under that Part; are follow-up programs for the purposes of this Act.
32 Approval of sheltered employment—non-profit organisation (1) If the Secretary is satisfied that: (a) one of the following provides paid employment for disabled persons at certain premises: (i) an entity registered under the Australian Charities and Not-for-profits Commission Act 2012; (ii) a not-for-profit entity that is not an ACNC type of entity; and (b) at least 50% of the persons employed at the premises are disabled persons; the Secretary may determine that the paid employment provided at the premises by the organisation is sheltered employment.
Social Security Act 1991 241 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.3 Determinations having interpretative effect Section 33 Note: Sheltered employment is relevant to the definition of gainful employment in section 19.
(2) For the purposes of subsection (1), a disabled person is a person: (a) who is: (i) permanently incapacitated for work; and (ii) the degree of the incapacity for work is 85% or more; and (iii) 50% or more of the incapacity for work is directly caused by a physical or mental impairment; or (b) who, in the Secretary’s opinion, would satisfy paragraph (a) if the person were no longer engaged in paid employment.
33 Approval of sheltered employment—supported employment (1) If: (a) the Minister administering the Disability Services Act 1986 has approved a grant of financial assistance to a non-profit organisation under subsection 10(1) of that Act; and (b) the financial assistance relates to the provision by the organisation of supported employment services within the meaning of section 7 of that Act; the Secretary may determine that the paid employment to which those supported employment services relates is sheltered employment.
Note: Sheltered employment is relevant to the definition of gainful employment in section 19.

(2) Subject to subsection (3), a determination under subsection (1) may relate to employment provided before or after the day of determination.

(3) A determination under subsection (1) may not relate to employment provided before 5 June 1987.
35 Approval of care organisation (1) The Secretary may approve: 242 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Determinations having interpretative effect Part 1.3 Section 35A (a) an organisation registered under the Australian Charities and Not-for-profits Commission Act 2012; and (b) an organisation that is not an ACNC type of entity; that co-ordinates or provides residential care services to young people in Australia, as an approved care organisation, for the purposes of this Act.
(2) The Secretary may approve, under subsection (1), a registered charity which is wholly or partly funded by contributions from: (a) the Consolidated Revenue Fund of the Commonwealth; or (b) the consolidated revenue of a State or of the Australian Capital Territory or the Northern Territory.

35A Personal Care Support The Minister may, in writing, determine that a scheme for the provision of personal care support is an approved scheme for the purposes of this Act.
35B Declared overseas terrorist act (1) The Prime Minister may, by legislative instrument, declare that a terrorist act that occurs outside Australia is a declared overseas terrorist act.

(2) If the Prime Minister makes a declaration under subsection (1), then the Minister is taken to have made a determination under subsection 36(1) that the terrorist act is a major disaster.
36 Major disaster (1) The Minister may determine in writing that an event is a major disaster if: (a) the Minister is satisfied that the event is a disaster that has such a significant impact on individuals that a government response is required; or Social Security Act 1991 243 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.3 Determinations having interpretative effect Section 36 (b) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force— the event is an emergency to which the declaration relates.
Note: If the Prime Minister makes a declaration under subsection 35B(1) that a terrorist act is a declared overseas terrorist act, the Minister is taken to have made a determination under subsection (1) of this section that the terrorist act is a major disaster (see subsection 35B(2)).

(1A) In deciding whether to make a determination under paragraph (1)(b), the Minister may have regard to the matter in paragraph (1)(a).
(2) Without limiting the matters to which the Minister may have regard in considering the impact of the event on individuals, the Minister must have regard to: (a) the number of individuals affected; and (b) the extent to which the nature or extent of the disaster is unusual.

(3) The event: (a) may be one that occurs naturally or otherwise; and (b) may be one that occurs in Australia or outside Australia.
(4) If the same event has an impact in 2 or more locations, the Minister may: (a) make a single declaration under this section relating to some or all of the locations; or (b) make 2 or more declarations under this section, each relating to one or more of the locations (whether or not the declarations cover all of the locations).

However, the Minister must not make a determination that relates both to a location in Australia and a location outside Australia.
(5) A determination made under this section is not a legislative instrument.
244 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Determinations having interpretative effect Part 1.3 36A Part 2.23B major disaster Section 36A (1) The Minister may determine in writing that an event is a Part 2.23B major disaster if the Minister is satisfied that: (a) the event is a disaster that has such a significant impact on one or more industries and/or one or more areas that a government response in the form of income support is required; and (b) either: (i) the event is of national significance; or (ii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—the event is an emergency to which the declaration relates.
(1A) In deciding whether to make a determination under subparagraph (1)(b)(ii), the Minister may have regard to the matters in paragraph (1)(a) and subparagraph (1)(b)(i).

(2) Without limiting the matters to which the Minister may have regard for the purposes of subsection (1), the Minister must have regard to: (a) unless subparagraph (1)(b)(ii) applies—the extent to which the nature or extent of the disaster is unusual; and (b) the number of workplaces that are disrupted.
(3) The event may be one that occurs naturally or otherwise.

(4) The event must be one that occurs in Australia.

(5) In a determination made under this section, the Minister must do one of the following: (a) specify one or more industries affected by the event and one or more areas affected by the event; (b) specify one or more areas affected by the event.

(6) A determination made under this section is not a legislative instrument.
Social Security Act 1991 245 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.3 Determinations having interpretative effect Section 37 37 Dependent child—inmate of a mental hospital A young person is taken to be a dependent child of a member of a couple (the adult) for the purposes of Part 2.10 (parenting payment) if: (a) the young person is an inmate of a mental hospital; and (b) the mental hospital is either: (i) maintained by the Commonwealth, a State, the Australian Capital Territory or the Northern Territory; or (ii) mainly dependent upon financial assistance from the Commonwealth, a State, the Australian Capital Territory or the Northern Territory; and (c) the adult is making a reasonable contribution towards the expenses of maintaining the young person; and (d) the Secretary determines that the young person is to be taken to be a dependent child of the adult.
38B Notional continuous period of receipt of income support payments (1) The object of this section is to treat a person in certain circumstances as having received an income support payment in respect of a continuous period even though the person did not actually receive such a payment during a part or parts of the period.
(2) A continuous period in respect of which a person has received income support payments can only start on a day on which the person is receiving such a payment and can only end on a day when the person is receiving such a payment, and the following provisions of this section have effect subject to this section.
(3) Subject to subsection (4), in determining the continuous period in respect of which a person has received income support payments, any period of not longer than 6 weeks in respect of which the person did not receive an income support payment is taken to have been a period in respect of which the person received such a payment.
246 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Determinations having interpretative effect Part 1.3 Section 38B (4) If a person is taken, because of subsection (3), to have received income support payments in respect of a continuous period of at least 12 months, then, in determining, as at a time after the end of that period of 12 months, the continuous period in respect of which the person has received income support payments, any period of not longer than 13 weeks in respect of which the person did not receive an income support payment is taken to have been a period in respect of which the person received such a payment.
(5) In determining for the purposes of subsection (4) the length of a period in respect of which a person did not receive an income support payment, any part of the period that occurred immediately before the end of the period of 12 months referred to in that subsection is to be taken into account.

EXAMPLE OF APPLICATION OF SUBSECTION (5) Facts: John receives an income support payment for 48 weeks.

He is then employed for 14 weeks.

After the 14 weeks he again begins to receive an income support payment.
How does his break in payments affect the calculation of his continuous period of receipt of income support payments?

Application: At the end of the first 4 weeks of John’s employment he may be taken, under subsection 38B(3), to have received income support payments for a continuous period of 12 months because no longer than 6 weeks have elapsed since he actually received such a payment.
Therefore, as John may be taken to have accrued 12 months continuous receipt of income support payments, he may have a period, under subsection 38B(4), of not longer than 13 weeks without income support payments and still be taken to be in continuous receipt.
However, under subsection 38B(5), the period of not longer than 13 weeks allowed under subsection 38B(4) must include the period of 4 weeks that occurred immediately before, as well as the 10 weeks immediately after, John was taken to have accrued 12 months duration.

As his total period in which he did not receive income support payments was 14 weeks, it exceeds the 13 weeks allowed under subsection 38B(4).
His continuous period in receipt of income support ceased, under subsection 38B(2), on the last day he received payment before he started employment.

A new period of continuous receipt of income support payments will begin when John resumes income support payments after his 14 week break.
Social Security Act 1991 247 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.3 Determinations having interpretative effect Section 38C (6) For the purposes of this section, a person who was receiving an income support payment is taken to have continued to receive the payment in respect of a period if: (a) for the duration of the period, the person remained qualified to receive the income support payment by the operation of the exercise of the discretion under: (i) section 516 of this Act as in force at a time before 20 September 1996; or (ii) section 595 of this Act (disregard a period of employment); but the person’s rate of payment was reduced to nil because of the operation of: (iii) section 1067G, 1067L or 1068 of this Act; or (b) the period was a compliance penalty period that applied to the person in respect of the income support payment; orpayment.
(c) subsection 547AA(1), 615(1) or 771HF(1) applied to the person in respect of the income support payment for the duration of the period.

Note: For income support payment see subsection 23(1).
38C Adult Disability Assessment Tool (1) The Secretary may, by legislative instrument (the determination): (a) devise a test for assessing the disability, emotional state, behaviour and special care needs of a person aged 16 or more; and (b) provide a method for rating the person by giving him or her, on the basis of the results of the test, a score in accordance with a scale of the kind described in subsection (2).
(2) The scale referred to in subsection (1) is a scale that provides for a range of scores that indicate the different levels of physical, intellectual or psychiatric disability of persons.

(3) The determination is, in this Act, referred to as the Adult Disability Assessment Tool.
248 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Determinations having interpretative effect Part 1.3 38E Disability Care Load Assessment (Child) Determination Section 38E (1) The Secretary may, by legislative instrument (the Disability Care Load Assessment (Child) Determination): (a) devise a test for assessing the functional ability, behaviour and special care needs of a person aged under 16 (the child), that includes an assessment that must be completed only by a treating health professional; and (b) provide a method for rating the care needs of the child; and (c) provide a method for giving a qualifying rating to a person (the carer) who is caring for the child that takes into account: (i) the care provided for the child by the carer; and (ii) the assessment completed by the treating health professional.
(2) If a carer who is caring for a child also cares for one or more other persons (whether or not aged under 16), the Disability Care Load Assessment (Child) Determination may provide a method for giving a qualifying rating to the carer that takes into account: (a) both: (i) the care provided for the child by the carer; and (ii) the assessment completed by the treating health professional; and (b) the care provided by the carer for each other person.
(3) The Disability Care Load Assessment (Child) Determination may, in addition, declare that a physical, intellectual or psychiatric disability specified in the determination is a recognised disability for the purposes of section 953.
38F Treating health professional The Secretary may, by legislative instrument, determine that a person, or any person included in a class of persons, is a treating health professional for the purposes of this Act (other than for the purposes of the Adult Disability Assessment Tool).
Social Security Act 1991 249 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.3A Green Army Programme Section 38G Part 1.3A Green Army Programme 38G Simplified outline of this Part If a person is receiving green army allowance under the Green Army Programme, a social security benefit or social security pension is not payable to the person.
Certain persons participating in the Green Army Programme will not be workers or employees for the purposes of various Commonwealth laws (for example, the Fair Work Act 2009).

If a person is receiving a social security pension and the person’s partner is receiving green army allowance, some or all of that allowance may not be counted as ordinary income in working out the person’s rate of social security pension.
38H Non payment of security benefit or social security pension if person receiving green army allowance Despite any other provision of the social security law, a social security benefit or social security pension is not payable to a person if the person is receiving green army allowance.

Note: For green army allowance see subsection 23(1).
38J Certain participants in Green Army Programme are not workers or employees under Commonwealth laws (1) A person: (a) who participates in the Green Army Programme on a full time or a part time basis and who is receiving green army allowance; or (b) who participates in the Green Army Programme on a part time basis and who is not receiving green army allowance; 250 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Green Army Programme Part 1.3A Section 38K is not taken to be: (c) a worker carrying out work in any capacity for the Commonwealth, or an employee of the Commonwealth, for the purposes of the Work Health and Safety Act 2011; or (d) an employee within the meaning of section 5 of the Safety, Rehabilitation and Compensation Act 1988; or (e) an employee for the purposes of the Fair Work Act 2009; merely because of that participation.
Note: For Green Army Programme and green army allowance see subsection 23(1).

(2) Paragraph (1)(b) does not apply to a person included in a class of persons prescribed in an instrument under subsection (3).

(3) The Secretary may, by legislative instrument, prescribe a class of persons for the purposes of subsection (2).
38K Income test for person’s social security pension if green army allowance payable to person’s partner (1) If: (a) an instalment of a social security pension relating to an instalment period is payable to a person; and (b) green army allowance is payable to the person’s partner in respect of some or all of that period; then: (c) if the amount of the green army allowance does not exceed the threshold applicable under subsection (2) army allowance is not ordinary income of the person’s partner; or the green (d) if the amount of the green army allowance exceeds the threshold applicable under subsection (2): (i) the part of the green army allowance that does not exceed that threshold is not ordinary income of the person’s partner; and (ii) the part of the green army allowance that exceeds that threshold is ordinary income of the person’s partner.
Social Security Act 1991 251 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.3A Green Army Programme Section 38K Note 1: For green army allowance see subsection 23(1).

Note 2: Any part of green army allowance that is ordinary income of the person’s partner will be taken into account in applying the ordinary income test in working out the person’s rate of social security pension.
(2) The threshold is: (a) if the person’s partner is aged under 22: (i) if the person’s partner has a dependent child the amount under column 3 of item 7 of Table BB in point 1067G B3; or (ii) otherwise the amount under column 3 of item 8 of Table BB in point 1067G B3; or (b) if the person’s partner is aged 22 or over the amount under column 3B of item 7 of Table B in point 1068 B1.
252 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Loss of social security payments and concessions for persons on security grounds Part 1.3B Part 1.3B—Loss of social security payments and concessions for persons on security grounds Section 38L 38L Simplified outline of this Part Persons who might prejudice the security of Australia or a foreign country may lose social security payments or concession cards.
38M Loss of social security payments and concessions for persons on security grounds (1) If a security notice is given to the Minister in relation to a person, then while the notice is in force: (a) no social security payment is to be paid to the person; and (b) the person is not qualified for a social security payment; and (c) a social security payment is not payable to the person; and (d) the person is not qualified for a concession card.

Note: A security notice is a notice under section 38N.
(2) If a security notice is given to the Minister in relation to a person, then any social security payment of the person is cancelled on the day the notice comes into force.

(3) If a security notice is given to the Minister in relation to a person, then any concession card the person holds is cancelled on the day the notice comes into force.
(4) If a security notice given to the Minister in relation to a person ceases to be in force, then for any day while the notice was in force: (a) the person is not qualified for a social security payment; and (b) a social security payment is not payable to the person; and (c) the person is not qualified for a concession card.
Social Security Act 1991 253 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.3B Loss of social security payments and concessions for persons on security grounds Section 38N (5) Subsections (1) to (4) have effect despite any other provision of the social security law.
(6) If a person’s social security payment is cancelled by subsection (2), or a person’s concession card is cancelled by subsection (3), the Secretary must cause reasonable steps to be taken to notify the person of the cancellation.
38N Security notice from Home Affairs Minister (1) The Home Affairs Minister may give the Minister a written notice requiring that this Part apply in relation to a specified person if: (a) the Foreign Affairs Minister gives the Home Affairs Minister a notice under section 38P in relation to the person; or (b) the person’s visa is cancelled under section 116 or 128 of the Migration Act 1958 because of an assessment by the Australian Security Intelligence Organisation that the person is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979); or (c) the person’s visa is cancelled under section 134B of the Migration Act 1958 (emergency cancellation on security grounds) and the cancellation has not been revoked because of subsection 134C(3) of that Act; or (d) the person’s visa is cancelled under section 501 of the Migration Act 1958 and there is an assessment by the Australian Security Intelligence Organisation that the person is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979).
(2) Before giving a notice under this section, the Home Affairs Minister must have regard to the following: (a) the extent (if any) that any social security payments of the person are being, or may be, used for a purpose that might prejudice the security of Australia or a foreign country, if the Home Affairs Minister is aware of that extent; 254 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Loss of social security payments and concessions for persons on security grounds Part 1.3B Section 38P (b) the likely effect of the operation of section 38M on the person’s dependants, if the Home Affairs Minister is aware of those dependants.
(3) The Secretary of the Department administered by the Home Affairs Minister must: (a) seek the advice of the Human Services Secretary in relation to paragraph (2)(b); and (b) inform the Home Affairs Minister of that advice.

(4) Subsection (2) does not limit the matters to which regard may be had.
38P Notice from Foreign Affairs Minister If: (a) either: (i) under subsection 14(2) of the Australian Passports Act 2005, the Foreign Affairs Minister refuses to issue a person an Australian travel document; or (ii) under section 22 of that Act, the Foreign Affairs Minister cancels a person’s Australian travel document; and (b) the refusal or cancellation was because of a refusal/cancellation request made in relation to the person under subsection 14(1) of that Act; and (c) the request was made on the basis of the circumstance mentioned in subparagraph 14(1)(a)(i) of that Act; the Foreign Affairs Minister may give the Home Affairs Minister a written notice setting out those matters.
38R Copy of security notice to be given to Secretaries The Minister must give a copy of a security notice to: (a) the Secretary of the Department; and (b) the Human Services Secretary.
Social Security Act 1991 255 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.3B Loss of social security payments and concessions for persons on security grounds Section 38S 38S Period security notice is in force A security notice comes into force on the day it is given to the Minister, and remains in force until it is revoked.
38SA Annual review of security notice Before the end of the following periods, the Home Affairs Minister must consider whether to revoke a security notice (if it has not already been revoked): (a) 12 months after it came into force; (b) 12 months after the Home Affairs Minister last considered whether to revoke it.

38T Revoking a security notice (1) The Home Affairs Minister may, by written notice given to the Minister, revoke a security notice.

(2) The revocation takes effect on the day it is made.
(3) The Minister must give a copy of a notice under subsection (1) to: (a) the Secretary of the Department; and (b) the Human Services Secretary.

(4) If: (a) a person’s social security payment is cancelled by subsection 38M(2) or a person’s concession card is cancelled by subsection 38M(3); and (b) the Home Affairs Minister revokes the security notice concerned; the Secretary of the Department must cause reasonable steps to be taken to notify the person of the revocation.
256 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Loss of social security payments and concessions for persons on security grounds Part 1.3B Section 38U 38U Notices may contain personal information A notice under this Part in relation to a person may contain personal information (within the meaning of the Privacy Act 1988) about the person.
38V Decisions under Part not decisions of officers For the purposes of Part 4 of the Administration Act, a decision under this Part is taken not to be a decision of an officer under the social security law.

38W Notices not legislative instruments A notice under this Part is not a legislative instrument.
Social Security Act 1991 257 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.4 Miscellaneous Section 39 Part 1.4—Miscellaneous 39 Tables, calculators etc.
form part of section (1) For the purposes of this Act, a Table and a Key to a Table are to be taken to be part of: (a) if the Table occurs in a section containing subsections—the subsection immediately preceding the Table; and (b) if the Table occurs in a section that does not contain subsections—the section.
(1A) For the purposes of this Act, a Note is to be taken to be part of: (a) if the Note immediately follows a section that does not contain subsections—the section; or (b) if the Note immediately follows a subsection—the subsection; or (c) if the Note immediately follows a point in a Rate Calculator—the point; or (d) if the Note immediately follows a Step in a Method Statement and is aligned with the text of the Step—the Step; or (e) if the Note immediately follows a Table—the Table; or (f) if the Note immediately follows a paragraph and is aligned with the text of the paragraph—the paragraph; or (g) if the Note immediately follows a clause in a Schedule—the clause in the Schedule; or (h) if the Note immediately follows a subclause in a Schedule— the subclause in the Schedule.
(2) For the purposes of this Act, a Calculator (whether a Rate Calculator, a Lump Sum Calculator or any other Calculator) is to be taken to be part of the section immediately preceding the Calculator.

(3) Rate Calculators are divided into Modules (for example, Module A).
258 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Introductory Chapter 1 Miscellaneous Part 1.4 Section 40 (4) A Module of a Rate Calculator is divided into points and some points are divided into subpoints.
(5) The points in a Module are numbered as follows: (a) the initial number (followed by a dash) identifies the section that immediately precedes the Rate Calculator; (b) the letter following the dash is the letter allocated to the Module in which the point occurs; (c) the final number identifies the order of the point within the Module.

Example: Point 1068-E8 is the eighth point in Module E of the Rate Calculator at the end of section 1068.
Note: Paragraph (5)(a) has been adopted so that if a reader is looking for a particular section of the Act and opens a page that happens to be in the middle of a Rate Calculator, the reader will know whether the section the reader is looking for is before or after that page.
40 Activities that do not give rise to employment under certain industrial relations legislation (1) If a person: (a) participates in an approved program of work for income support payment or in an employment program; or (b) undertakes an activity (other than paid work) in accordance with a requirement, or an optional term, of an employment pathway plan; the person is not to be taken to be one of the following merely because of that participation or of the undertaking of that activity: (c) a worker carrying out work in any capacity for the Commonwealth, or an employee of the Commonwealth, for the purposes of the Work Health and Safety Act 2011; (d) an employee within the meaning of section 5 of the Safety, Rehabilitation and Compensation Act 1988; (e) an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992; (f) an employee for the purposes of the Fair Work Act 2009.
Social Security Act 1991 259 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 1 Introductory Part 1.4 Miscellaneous Section 40 (2) For the purposes of this section, an employment program is a program that is established by the Commonwealth and is determined in an instrument under subsection (3) to be an employment program.

(3) The Employment Secretary may, by notifiable instrument, determine programs to be employment programs for the purposes of subsection (2).
260 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Age pension Part 2.2 Qualification for and payability of age pension Division 1 Section 43 Chapter 2—Pensions, benefits and allowances Part 2.2—Age pension Division 1—Qualification for and payability of age pension Subdivision A—Qualification 43 Qualification for age pension (1) A person is qualified for an age pension if the person has reached pension age and any of the following applies: (a) the person has 10 years qualifying Australian residence; (b) the person has a qualifying residence exemption for an age pension; (c) the person was receiving a widow B pension, a widow allowance, a mature age allowance or a partner allowance, immediately before reaching that age; (d) if the person reached pension age before 20 March 1997—the person was receiving a widow B pension, a widow allowance or a partner allowance, immediately before 20 March 1997.
Note 1: For qualifying Australian residence see section 7.

Note 2: For pension age see subsections 23(5A), (5B) (5C) and (5D).

(1A) A woman is qualified for an age pension if: (a) the woman has reached pension age; and (b) the woman’s partner has died; and (c) both the woman and her partner were Australian residents when her partner died; and (d) the woman was an Australian resident for a continuous period of at least 104 weeks immediately before the day she lodged the claim for the age pension.
(1B) A woman is qualified for an age pension if: (a) immediately before 20 March 2020: Social Security Act 1991 261 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.2 Age pension Division 1 Qualification for and payability of age pension Section 44 (i) the woman was receiving a wife pension under Part 2.4; or (ii) the woman was receiving a wife pension under a scheduled international social security agreement; and (b) immediately before 20 March 2020, the woman was not receiving carer allowance under Part 2.19; and (c) the woman has reached pension age; and (d) the woman is not otherwise qualified for an age pension.
Note: For pension age see subsections 23(5A), (5B) (5C) and (5D).

(3) Subsection (1) has effect subject to subsection 6(3) of the Social Security (International Agreements) Act 1999.

(4) A woman is qualified for an age pension if: (a) the woman was receiving a special needs widow B pension under Part 2.16 immediately before 20 March 2020; and (b) the woman is not otherwise qualified for an age pension.
Subdivision B—Payability 44 Age pension not payable if pension rate nil (1) Subject to subsection (2), an age pension is not payable to a person if the person’s age pension rate would be nil.

(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because an election by the person under subsection 915A(1) (about quarterly energy supplement) or 1061VA(1) (about quarterly pension supplement) is in force.
47 Multiple entitlement exclusion (1) An age pension is not payable to a person if the person is already receiving a service pension or a veteran payment.
(2) If: (a) a person is receiving an age pension; and 262 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Age pension Part 2.2 Qualification for and payability of age pension Division 1 Section 47 (b) another social security pension, a service pension or a veteran payment becomes payable to the person; the age pension is not payable to the person.
Note 1: Another payment type will generally not become payable to the person until the person claims it.

Note 2: For social security pension see subsection 23(1).
(3) An age pension is not payable to a person who: (a) is an armed services widow or an armed services widower; and (b) is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; and (c) is receiving income support supplement under Part IIIA of that Act or would be eligible for income support supplement under that Part if he or she made a claim under section 45I of that Act.
(4) Subsection (3) does not apply if: (a) the person: (i) was on 20 March 1995 receiving; and (ii) has from that day continuously received; and (iii) is receiving; the age pension; and (b) the person elected under subsection 45E(2) of the Veterans’ Entitlements Act, or is taken under subsection 45E(3) of that Act to have elected, to continue to receive the age pension.
(5) Subsection (3) does not apply if: (a) before 20 March 1995, the person had made a claim for age pension; and (b) the person elected under subsection 45F(2) of the Veterans’ Entitlements Act, or is taken under subsection 45F(3) of that Act to have elected, to receive the pension in the event that it were granted to him or her; and Social Security Act 1991 263 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.2 Age pension Division 1 Qualification for and payability of age pension Section 47 (c) on or after 20 March 1995, the person was granted age pension; and (d) the person has since that time continued to receive, and is receiving, the pension.
(6) Subsection (3) does not apply if: (a) before 20 March 1995: (i) the person had made a claim for age pension; and (ii) the claim had been rejected; and (iii) the person had applied, under Chapter 6, for a review of the decision to reject the claim; and (b) the person elected under subsection 45G(2) of the Veterans’ Entitlements Act, or is taken under subsection 45G(3) of that Act to have elected, to receive the pension in the event that it were granted to him or her after review of the decision; and (c) on or after 20 March 1995, the decision to reject the claim was set aside and the person was granted age pension; and (d) the person has since that time continued to receive, and is receiving, the pension.
(7) An age pension is not payable to a person who: (a) is an armed services widow or an armed services widower; and (b) is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA; and (c) is receiving income support supplement or would be eligible for income support supplement if he or she made a claim under section 45I of the VEA.
Note 1: For armed services widow and armed services widower see subsection 4(1).

Note 2: For MRCA and VEA see subsection 23(1).
264 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Age pension Part 2.2 Qualification for and payability of age pension Division 1 Section 47A 47A Exclusion of certain participants in ABSTUDY Scheme (1) If: (a) a payment is made in respect of a person under the ABSTUDY Scheme; and (b) the payment is made on the basis that the person is a full-time student; and (c) in the calculation of the payment, an amount identified as living allowance (the basic payment) is included; and (d) the payment relates to a period; age pension is not payable to the person in respect of any part of the period.
(2) If: (a) a person is qualified for a payment under the ABSTUDY Scheme; and (b) the payment for which the person is qualified is a payment that: (i) is made on the basis that the person is a full-time student; and (ii) is calculated on the basis that an amount identified as living allowance (the basic payment) is included; and (iii) relates to a period; age pension is not payable to the person in respect of any part of the period.
(3) If: (a) a person may enrol in a full-time course of education; and (b) a payment referred to in subsection (2) may be made in respect of the person; the Secretary may decide that, in spite of subsection (2), age pension is payable to the person before the person starts the course.
Social Security Act 1991 265 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.2 Age pension Division 4 Rate of age pension Section 55 Division 4—Rate of age pension 55 How to work out a person’s age pension rate A person’s age pension rate is worked out: (a) if the person is not permanently blind—using Pension Rate Calculator A at the end of section 1064 (see Part 3.2); or (b) if the person is permanently blind—using Pension Rate Calculator B at the end of section 1065 (see Part 3.3).
266 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Age pension Part 2.2 Bereavement payments Division 9 Section 82 Division 9—Bereavement payments Subdivision A—Death of partner 82 Qualification for payments under this Subdivision (1) If: (a) a person is receiving an age pension; and (b) the person is a member of a couple; and (c) the person’s partner dies; and (d) immediately before the partner died, the partner: (i) was receiving a social security pension; or (ii) was receiving a service pension, income support supplement or a veteran payment; or (iii) was a long-term social security recipient; and (e) on the person’s payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of: (i) the amount that would otherwise be payable to the person under section 85 (person’s continued rate) on that payday; and (ii) the amount that would otherwise be payable to the person under section 83 (continued payment of partner’s pension or benefit) on the partner’s payday immediately before the first available bereavement adjustment payday; the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: Note 2: Section 83 provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person’s partner during that period if the partner had not died.

Section 84 provides for a lump sum that represents the instalments that would have been paid to the person’s partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.
Social Security Act 1991 267 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.2 Age pension Division 9 Bereavement payments Section 82 (1A) If: (a) a person is receiving an age pension; and (b) immediately before starting to receive the age pension the person was receiving partner bereavement payments; and (c) the bereavement rate continuation period in relation to the death of the person’s partner has not ended; the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.
(2) A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.

(3) An election under subsection (2): (a) must be made by written notice to the Secretary; and (b) may be made after the person has been paid an amount or amounts under this Subdivision; and (c) cannot be withdrawn after the Department has taken all the action required to give effect to that election.
(4) If a person is qualified for payments under this Subdivision in relation to the partner’s death, the rate at which age pension is payable to the person during the bereavement period is, unless the person has made an election under subsection (2), governed by section 85.
(5) For the purposes of this section, a person is a long term social security recipient if: (a) the person is receiving a social security benefit; and (b) in respect of the previous 12 months, the person: (i) was receiving a social security pension; or (ii) was receiving a social security benefit; or (iia) was receiving a youth training allowance; or (iii) was receiving a service pension, income support supplement or a veteran payment.
(6) A person is taken to satisfy the requirements of paragraph (5)(b) if: 268 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Age pension Part 2.2 Bereavement payments Division 9 Section 83 (a) the person was receiving one or a combination of the payments referred to in that paragraph for a continuous period of 12 months; or (b) the person was receiving one or a combination of the payments referred to in that paragraph for 46 weeks of the previous 52.
83 Continued payment of deceased partner’s previous entitlement (1) If a person is qualified for payments under this Subdivision in relation to the death of the person’s partner, there is payable to the person, on each of the partner’s paydays in the bereavement rate continuation period the following amount: (a) where the partner was receiving a social security pension or social security benefit—the amount that would have been payable to the partner on the payday if the partner had not died; or (b) where the partner was receiving a service pension, income support supplement or a veteran payment—the amount that would have been payable to the partner under Part III, IIIA or IIIAA of the Veterans’ Entitlements Act on the service payday that: (i) where the first Thursday after the partner’s death was a service payday—precedes the partner’s payday; or (ii) in any other case—follows the partner’s payday; if the partner had not died.
(2) For the purposes of subsection (1), if the couple were, immediately before the partner’s death, an illness separated couple or a respite care couple, the amounts are to be worked out as if they were not such a couple.
84 Lump sum payable in some circumstances If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and Social Security Act 1991 269 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.2 Age pension Division 9 Bereavement payments Section 84 (b) the first available bereavement adjustment payday occurs before the end of the bereavement period; there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.
LUMP SUM CALCULATOR This is how to work out the amount of the lump sum: Method statement Step 1.

Work out the amount that would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday if: (a) the person’s partner had not died; and (b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 2.
Step 2.

Work out the amount that would have been payable to the person’s partner on the partner’s payday or service payday immediately before the first available bereavement adjustment payday if: (a) the partner had not died; and (b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 3.

Add the results of Step 1 and Step 2: the result is called the combined rate.
270 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Age pension Part 2.2 Bereavement payments Division 9 Section 85 Step 4.

Work out the amount that, but for section 85, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday: the result is called the person’s individual rate.

Step 5.
Step 5.

Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 6.

Work out the number of paydays of the partner in the bereavement lump sum period.

Step 7.

Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable to the person under this section.
85 Adjustment of person’s age pension rate If: (a) a person is qualified for payments under this Subdivision; and (b) the person does not elect under subsection 82(2) not to receive payments under this Subdivision; the rate of the person’s age pension during the bereavement period is worked out as follows: (c) during the bereavement rate continuation period, the rate of age pension payable to the person is the rate at which the pension would have been payable to the person if: (i) the person’s partner had not died; and (ii) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple; (d) during the bereavement lump sum period (if any), the rate at which age pension is payable to the person is the rate at Social Security Act 1991 271 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.2 Age pension Division 9 Bereavement payments Section 86 which the age pension would be payable to the person apart from this Subdivision.
86 Effect of death of person entitled to payments under this Subdivision If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) the person dies within the bereavement period; and (c) the Secretary does not become aware of the death of the person’s partner before the person dies; there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.
LUMP SUM CALCULATOR This is how to work out the amount of the lump sum: Method statement Step 1.

Work out the amount that would have been payable to the person on the person’s payday immediately after the day on which the person died if: (a) neither the person nor the person’s partner had died; and (b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 2.
Work out the amount that would have been payable to the partner on the person’s payday or service payday immediately after the day on which the person died if: 272 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Age pension Part 2.2 Bereavement payments Division 9 Section 87 (a) neither the person nor the partner had died; and (b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.
Step 3.

Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4.

Work out the amount that, but for section 85, would have been payable to the person on the person’s payday immediately after the day on which the person died if the person had not died: the result is called the person’s individual rate.

Step 5.

Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 6.
Step 6.

Work out the number of paydays of the partner in the period that commences on the day on which the person dies and ends on the day on which the bereavement period ends.

Step 7.

Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section.
87 Matters affecting payment of benefits under this Subdivision (1) If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) after the person’s partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act; and Social Security Act 1991 273 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.2 Age pension Division 9 Bereavement payments Section 91 (c) the Secretary is not satisfied that the person has not had the benefit of that amount; the following provisions have effect: (d) the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person’s partner, except to the extent (if any) that the amount exceeds the amount payable to the person under this Subdivision; (e) the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b).
(2) If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) an amount to which the person’s partner would have been entitled if the person’s partner had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and (c) the bank pays to the person, out of the account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b); the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person’s partner or anyone else in respect of the payment of that money to the person.
Subdivision C—Death of recipient 91 Death of recipient (1) If: (a) a person is receiving age pension; and (b) either: (i) the person is not a member of a couple; or (ii) the person is a member of a couple and the person’s partner: 274 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Age pension Part 2.2 Bereavement payments Division 9 Section 91 (A) is not receiving a social security pension; and (C) is not receiving a service pension, income support supplement or a veteran payment; and (c) the person dies; there is payable, to such person as the Secretary thinks appropriate, an amount equal to the amount that would have been payable to the person under this Act on the person’s payday after the person’s death if the person had not died.
(2) If an amount is paid under subsection (1) in respect of a person, the Commonwealth is not liable to any action, claim or demand for any further payment under that subsection in respect of the person.

Note 1: Note 2: For amounts owing to the recipient before the recipient’s death see section 65.

For death of a person qualified for bereavement payments under Subdivision A see section 86.
Social Security Act 1991 275 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.2A Pension bonus Division 1 Introduction Section 92A Part 2.2A—Pension bonus Division 1—Introduction 92A Simplified outline The following is a simplified outline of this Part:  A person who qualifies for an age pension but defers claiming that pension may be able to get a single lump-sum pension bonus.
 A person who wants to get a pension bonus must register as a member of the pension bonus scheme.

An application for registration cannot be made on or after 1 July 2014.

 To get a pension bonus, a person must accrue between 1 and 5 bonus periods while deferring age pension.

 Generally, a bonus period runs for 1 year.

 To accrue a bonus period, the person must pass the work test for that period.
 To pass the work test for a year, either the person, or the person’s partner, must gainfully work for at least 960 hours during that year.

 The amount of a person’s pension bonus depends on the number of accrued bonus periods and the person’s annual rate of age pension.

A person may get a bigger bonus by accruing more bonus periods.
276 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pension bonus Part 2.2A Introduction Division 1 Section 92B 92B Definitions In this Part: accruing member of the pension bonus scheme has the meaning given by section 92N.

bonus period has the meaning given by section 92T.

carer preclusion period has the meaning given by section 93W.

compensation preclusion period has the meaning given by section 93V.
disposal preclusion period has the meaning given by section 93U or 93UA.

full-year period means a continuous period of 365 days.

gainful work has the meaning given by sections 92X to 93A (inclusive).

non-accruing member of the pension bonus scheme has the meaning given by sections 92P and 92Q.

part-year period means a continuous period of less than 365 days.

passing the work test has the meaning given by sections 92U and 92V.
post-75 member of the pension bonus scheme has the meaning given by section 92S.

registration as a member of the pension bonus scheme means registration under section 92J.
Social Security Act 1991 277 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.2A Pension bonus Division 2 Qualification for pension bonus Section 92C Division 2—Qualification for pension bonus 92C Qualification for pension bonus A person is qualified for a pension bonus if: (a) both: (i) the person starts to receive an age pension at or after the time when the person makes a claim for the pension bonus; and (ii) that age pension is received otherwise than because of a scheduled international social security agreement (see section 5 of the Social Security (International Agreements) Act 1999); and (b) the person has not received an age pension at any time before making a claim for the pension bonus; and (c) the person is registered as a member of the pension bonus scheme; and (d) the person has accrued at least one full-year bonus period while registered as a member of the pension bonus scheme; and (e) the person has not received: (i) a social security pension (other than an age pension or a carer payment); or (ii) a social security benefit; or (iii) a service pension (other than a carer service pension); or (iv) an income support supplement (other than an income support supplement that is payable as a result of the operation of subclause 8(3) of Schedule 5 to the Veterans’ Entitlements Act); or (v) a veteran payment; at any time after the person qualified for an age pension; and Note: Even though the person may not have actually
 received an amount of social security pension or benefit because the rate of the pension or benefit was nil, in some cases the person will be taken to have received the pension or benefit if adjusted disability pension (within the meaning of section 118NA of the 278 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pension bonus Part 2.2A Qualification for pension bonus Division 2 Section 92C Veterans’ Entitlements Act) was payable to the person or the person’s partner: see subsection 23(1D) of this Act.
(f) the person has not already received: (i) another pension bonus; or (ii) a bonus under Part IIIAB of the Veterans’ Entitlements Act; or (iii) DFISA bonus under Part VIIAB of the Veterans’ Entitlements Act.

Note: Subclause 8(3) of Schedule 5 to the Veterans’ Entitlements Act deals with income support supplement for carers.
Social Security Act 1991 279 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.2A Pension bonus Division 3 Registration as a member of the pension bonus scheme Section 92D Division 3—Registration as a member of the pension bonus scheme Subdivision A—Membership of the pension bonus scheme 92D Application for registration (1) A person may apply for registration as a member of the pension bonus scheme.
(2) However, a person cannot make an application on or after 1 July 2014.

92E Form of application An application must be in writing and must be in accordance with a form approved by the Secretary.

92F Relevant information (1) An approved form may require the applicant to provide relevant information (see subsection (4)).

(2) The Secretary may, by written notice given to the applicant, require the applicant to give the Secretary, within a specified period, further relevant information.
The Secretary may refuse to register the applicant until the applicant gives the Secretary the information.

(3) A period specified for the purposes of subsection (2) must run for at least 14 days after the notice was given.
(4) For the purposes of this section, relevant information includes (but is not limited to): (a) information that would be likely to assist the Secretary in advising the applicant about the operation of this Part; and (b) information that is relevant to determining whether a disposal preclusion period, compensation preclusion period or carer 280 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pension bonus Part 2.2A Registration as a member of the pension bonus scheme Division 3 Section 92G preclusion period has arisen, or is likely to arise, in relation to the applicant; and (c) a statement of the applicant’s present expectations in relation to any or all of the following matters: (i) the number of bonus periods that the person is likely to accrue while registered as a member of the pension bonus scheme; (ii) the likely nature and extent of the person’s participation in the workforce during those periods; (iii) if the person has a partner—the likely nature and extent of the partner’s participation in the workforce during those periods.
92G Lodgment of application (1) An application must be lodged: (a) at an office of the Department; or (b) at a place approved by the Secretary; or (c) with a person approved by the Secretary.

(2) A place or person approved under subsection (1) may be a place or person within or outside Australia.
92H Timing of application and registration Age pension qualification date on or after 1 July 1998 (1) If a person’s date of qualification for the age pension occurs on or after 1 July 1998: (a) the person must lodge an application during the period that begins 13 weeks before the person’s date of qualification for the age pension and ends 13 weeks after that date; and (b) if registration occurs as a result of an application lodged within that period—the registration takes effect on the person’s date of qualification for the age pension.
Social Security Act 1991 281 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.2A Pension bonus Division 3 Registration as a member of the pension bonus scheme Section 92J Age pension qualification date before 1 July 1998 (2) If a person’s date of qualification for the age pension occurs before 1 July 1998: (a) the person must lodge an application during the period that begins on the commencement of this section and ends 13 weeks after 1 July 1998; and (b) if registration occurs as a result of an application lodged within that period—the registration takes effect on 1 July 1998.
Date of qualification for the age pension (8) For the purposes of this section, a person’s date of qualification for the age pension is to be worked out on the assumption that being an Australian resident were an additional qualification for an age pension.

(9) For the purposes of this section, if a person would otherwise have 2 or more dates of qualification for the age pension, only the first date is to be counted.
92J Registration (1) If an application is made in accordance with this Subdivision, the Secretary must register the applicant as a member of the pension bonus scheme.

(1A) However, the Secretary must not register a person as a member of the pension bonus scheme if the person’s date of qualification for the age pension occurs on or after 20 September 2009.
(1B) For the purposes of subsection (1A), subsections 92H(8) and (9) apply in a way corresponding to the way in which they apply for the purposes of section 92H.

(2) This section has effect subject to subsection 92F(2).
282 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pension bonus Part 2.2A Registration as a member of the pension bonus scheme Division 3 Section 92K 92K Duration of membership A person’s membership of the pension bonus scheme begins on the date on which the registration of that membership takes effect and continues until the membership is cancelled under this Act.
92L Cancellation of membership A person’s membership of the pension bonus scheme is cancelled if: (a) the person’s claim for pension bonus is determined; or (b) the person starts to receive: (i) a social security pension (other than an age pension or a carer payment); or (ii) a social security benefit; or (iii) a service pension (other than a carer service pension); or (iv) an income support supplement (other than an income support supplement that is payable as a result of the operation of subclause 8(3) of Schedule 5 to the Veterans’ Entitlements Act); or (v) a veteran payment; at any time after the person qualified for an age pension; or (c) the person does not make a proper claim for a pension bonus when the person claims age pension; or (d) the person requests the Secretary, in writing, to cancel the person’s membership.
Note: Subclause 8(3) of Schedule 5 to the Veterans’ Entitlements Act deals with income support supplement for carers.

92M Application for registration is not to be treated as a claim To avoid doubt, an application for registration as a member of the pension bonus scheme is not to be treated as a claim for the purposes of any law of the Commonwealth.
Social Security Act 1991 283 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.2A Pension bonus Division 3 Registration as a member of the pension bonus scheme Section 92N Subdivision B—Classification of membership of the pension bonus scheme 92N Accruing membership For the purposes of this Part, a person’s membership of the pension bonus scheme at a particular time is accruing unless the person’s membership is non-accruing or post-75 at that time.
92P Non-accruing membership—preclusion periods Disposal preclusion period (1) For the purposes of this Part, if a person is subject to a disposal preclusion period at a particular time when the person is a member of the pension bonus scheme, the person’s membership of the scheme is non-accruing at that time.

Note: Disposal preclusion period is defined by section 93U.
Compensation preclusion period (2) For the purposes of this Part, if a person is subject to a compensation preclusion period at a particular time when the person is a member of the pension bonus scheme, the person’s membership of the scheme is non-accruing at that time.

Note: Compensation preclusion period is defined by section 93V.
Carer preclusion period (3) For the purposes of this Part, if a person is subject to a carer preclusion period at a particular time when the person is a member of the pension bonus scheme, the person’s membership of the scheme is non-accruing at that time.

Note: Carer preclusion period is defined by section 93W.
284 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pension bonus Part 2.2A Registration as a member of the pension bonus scheme Division 3 Section 92Q 92Q Non-accruing membership—Secretary’s discretion (1) The Secretary may, by legislative instrument, declare that, for the purposes of this Part, a specified kind of member of the pension bonus scheme is a non-accruing member throughout a period ascertained in accordance with the declaration.
(1A) A period ascertained in accordance with a declaration made under subsection (1) may begin before the date on which the declaration is registered under that Act.

(1B) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to a declaration made under subsection (1).
(2) The kinds of members that may be specified under subsection (1) include (but are not limited to): (a) a member who is a participant in the Community Development Employment Program; and (b) a member who is in gaol (see subsection 23(5)); and (c) a member who is undergoing psychiatric confinement (see subsections 23(8) and (9)) because the member has been charged with committing an offence; and (d) a member who is not a participant in the workforce, but whose partner: (i) is a participant in the workforce; and (ii) is not a registered member of the pension bonus scheme or of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; and (iii) intends to become a registered member of the pension bonus scheme or of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; and (e) a member who is on sick leave for a continuous period of at least 4 weeks and not more than 26 weeks.
Social Security Act 1991 285 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.2A Pension bonus Division 3 Registration as a member of the pension bonus scheme Section 92R 92R Continuity of accruing membership is not broken by a period of non-accruing membership If: (a) a person has been an accruing member of the pension bonus scheme for a continuous period (the first accruing membership period) (including a period that is applicable because of one or more applications of this section); and (b) the first accruing membership period is followed by a continuous period of non-accruing membership of the scheme; and (c) the period of non-accruing membership is followed by a further continuous period of accruing membership of the scheme (the second accruing membership period); the first accruing membership period and the second accruing membership period are together taken to constitute a continuous period of accruing membership of the scheme.
92S Post-75 membership A person’s membership of the pension bonus scheme is post-75 at all times after the person reaches age 75.
286 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pension bonus Part 2.2A Accrual of bonus periods Division 4 Section 92T Division 4—Accrual of bonus periods 92T Accrual of bonus periods Full-year bonus period (1) The first bonus period that accrues to a person is the full-year period of the person’s accruing membership of the pension bonus scheme: (a) that began on whichever of the following dates is applicable: (i) if the person was an accruing member of the pension bonus scheme on the date the person’s registration as a member took effect—the date the registration took effect; (ii) in any other case—the date on which the person first became an accruing member of the pension bonus scheme; and (b) for which the person passes the work test.
Note: Accruing membership is defined by section 92N.

(2) Each succeeding full-year period of the person’s accruing membership of the pension bonus scheme: (a) that is specified in the person’s claim for pension bonus; and (b) for which the person passes the work test; is a bonus period that accrues to the person.
Part-year bonus period (3) A part-year period of the person’s accruing membership of the pension bonus scheme is a bonus period that accrues to the person if: (a) the person passes the work test for that period; and (b) the person specifies the period in the person’s claim for pension bonus; and (c) the period begins immediately after the end of a full-year bonus period that accrues to the person; and Social Security Act 1991 287 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.2A Pension bonus Division 4 Accrual of bonus periods Section 92T (d) the period is the last bonus period that accrues to the person.
Note: Accruing membership is defined by section 92N.

Bonus periods must be consecutive (4) A person cannot accrue more than one bonus period unless: (a) the bonus periods are consecutive; or (b) the bonus periods are separated only by a period of non-accruing membership.
288 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pension bonus Part 2.2A Passing the work test Division 5 Section 92U Division 5—Passing the work test Subdivision A—The work test 92U Work test—full-year period For the purposes of this Part, a person passes the work test for a full-year period of the person’s accruing membership of the pension bonus scheme if: (a) in any case—the person satisfies the Secretary that the total number of hours gainfully worked by the person during that period was at least 960 and that at least 640 of that total number of hours were worked in Australia; or (b) if the person had only one partner during that period—the person satisfies the Secretary that the total number of hours gainfully worked by the person’s partner during that period while the partner was a partner of the person and was: (i) an accruing member, or a post-75 member, of the pension bonus scheme; or (ii) an accruing member, or a post-70/75 member, of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; was at least 960 and that at least 640 of that total number of hours were worked in Australia; or (c) if the person had 2 or more partners during that period—the person satisfies the Secretary that the total number of hours gainfully worked by those partners during that period while they were partners of the person and were: (i) accruing members, or post-75 members, of the pension bonus
 scheme; or (ii) accruing members, or post-70/75 members, of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; was at least 960 and that at least 640 of that total number of hours were worked in Australia; and either: Social Security Act 1991 289 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.2A Pension bonus Division 5 Passing the work test Section 92V (d) the person satisfies the Secretary that the applicable record-keeping requirements (see section 93C) have been complied with in relation to that period; or (e) the Secretary decides to waive compliance with the applicable record-keeping requirements in relation to that period.
92V Work test—part-year period (1) For the purposes of this Part, a person passes the work test for a part-year period of the person’s accruing membership of the pension bonus scheme if: (a) in any case—the person satisfies the Secretary that the total number of hours gainfully worked by the person during that period was at least the pro-rated number of hours (see subsection (2)) and that at least two-thirds of that total number of hours were worked in Australia; or (b) if the person had only one partner during that period—the person satisfies the Secretary that the total number of hours gainfully worked by the person’s partner during that period while the partner was a partner of the person and was: (i) an accruing member, or a post-75 member, of the pension bonus scheme; or (ii) an accruing member, or a post-70/75 member, of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; was at least the pro-rated number of hours (see subsection (2)) and that at least two-thirds of that total number of hours were worked in Australia; or (c) if the person had 2 or more partners during that period—the person satisfies the Secretary that the total number of hours gainfully worked by those partners during that period while they were partners of the person and were: (i) accruing members, or post-75 members, of the pension bonus scheme; or 290 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pension
 bonus Part 2.2A Passing the work test Division 5 Section 92W (ii) accruing members, or post-70/75 members, of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; was at least the pro-rated number of hours (see subsection (2)) and that at least two-thirds of that total number of hours were worked in Australia; and either: (d) the person satisfies the Secretary that the applicable record-keeping requirements (see section 93C) have been complied with in relation to that period; or (e) the Secretary decides to waive compliance with the applicable record-keeping requirements in relation to that period.
(2) For the purposes of this section, the pro-rated number of hours applicable to a period is worked out using the formula: 960  Number of days in the period 365 92W Secretary’s discretion to treat gainful work outside Australia as gainful work in Australia (1) If a person satisfies the Secretary that: (a) the person, or the person’s partner, has carried on gainful work outside Australia; and (b) because of special circumstances, the gainful work should be treated as gainful work carried on in Australia; the Secretary may determine that this Part has effect as if the gainful work were carried on in Australia.
(2) The determination has effect accordingly.
Social Security Act 1991 291 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.2A Pension bonus Division 5 Passing the work test Section 92X Subdivision B—Gainful work 92X Gainful work—basic rule (1) For the purposes of this Part, gainful work is work for financial gain or reward, whether as an employee, a self-employed person or otherwise, where: (a) the work involves a substantial degree of personal exertion on the part of the person concerned; and (b) the work is carried on within or outside Australia.
(2) Subsection (1) is to be ignored in determining the meaning of an expression used in a provision of this Act other than this Part.
92Y Secretary’s discretion to treat activity as gainful work (1) If a person satisfies the Secretary that: (a) the person, or the person’s partner, has engaged in a particular activity; and (b) the activity involves a substantial degree of personal exertion on the part of the person or the person’s partner, as the case may be; and (c) the activity does not consist of voluntary work for a charitable, welfare or community organisation; and (d) because of special circumstances, the activity should be treated as gainful work; the Secretary may determine that this Part has effect as if the activity were gainful work.
(2) The determination has effect accordingly.
92Z Irregular, infrequent and minor absences from a workplace count as gainful work For the purposes of this Part, if a person is engaged in gainful work, the total hours gainfully worked by the person during a period are to be determined as if the person had been engaged in 292 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pension bonus Part 2.2A Passing the work test Division 5 Section 93 gainful work during any absences from the workplace that are irregular, infrequent and minor.
93 Management of family financial investments does not count as gainful work (1) Unless the Secretary otherwise determines, work undertaken by a person is taken not to be gainful work for the purposes of this Part to the extent to which the work consists of the management or administration of one or more financial investments in which any of the following has a legal or equitable interest: (a) a member of the person’s family group (see subsection (2)); (b) a company that is a family company in relation to the person (see subsection (2)); (c) the trustee or trustees of a trust that is a family trust in relation to the person (see subsection (2)).
Note: Financial investment is defined by section 9.
(2) In this section: family company, in relation to a person, means a company where: (a) the company is, or its directors are, accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of any or all of the members of the person’s family group; or (b) any or all of the members of the person’s family group are in a position to cast, or control the casting of, more than 50% of the maximum number of votes that may be cast at a general meeting of the company; or (c) both: (i) the company has one or more shareholders; and (ii) each shareholder is a member of the person’s family group.
family group, in relation to a person, means the group consisting of the person and the family members of the person.

If the person has Social Security Act 1991 293 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.2A Pension bonus Division 5 Passing the work test Section 93A no family members, the person is taken to be a family group in his or her own right.

Note: Family member is defined by subsection 23(1).
family trust, in relation to a person, means a trust where a member of the person’s family group benefits, or is capable (whether by the exercise of a power of appointment or otherwise) of benefiting, under the trust.
93A Domestic duties in relation to a person’s place of residence do not count as gainful work (1) Unless the Secretary otherwise determines, work undertaken by a person is taken not to be gainful work for the purposes of this Part if the work consists of carrying out: (a) domestic tasks; or (b) household maintenance tasks; or (c) gardening tasks; or (d) similar tasks; in relation to: (e) the person’s place of residence; or (f) if the person has 2 or more places of residence—any of those places of residence.
(2) For the purposes of this section, a place of residence includes: (a) if the place is a dwelling-house—any land or building that is adjacent to the dwelling-house and that is used primarily for private or domestic purposes in association with that dwelling-house; or (b) if the place is a flat or home unit—a garage or storeroom that is used for private or domestic purposes in association with the flat or home unit.
294 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pension bonus Part 2.2A Passing the work test Division 5 Section 93B 93B Evidentiary certificate Hours worked during full-year period (1) The Secretary may, if requested to do so by a member of the pension bonus scheme, issue a written certificate stating that: (a) the member was an accruing member of the scheme throughout a specified full-year period; and (b) the total number of hours gainfully worked by the member during that period was at least a specified number of hours; and (c) the total number of hours gainfully worked in Australia by the member during that period was at least a specified number of hours.
(2) The Secretary may, if requested to do so by a member of the pension bonus scheme, issue a written certificate stating that: (a) the member was an accruing member of the scheme throughout a specified full-year period; and (b) the total number of hours gainfully worked by a specified person during that period while the person was the partner of the member and was: (i) an accruing member, or a post-75 member, of the pension bonus scheme; or (ii) an accruing member, or a post-70/75 member, of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; was at least a specified number of hours; and (c) the total number of hours gainfully worked in Australia by a specified person during that period while the person was the partner of the member and was: (i) an accruing member, or a post-75 member, of the pension bonus scheme; or (ii) an accruing member, or a post-70/75 member, of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; was at least a specified number of hours.
Social Security Act 1991 295 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.2A Pension bonus Division 5 Passing the work test Section 93B Hours worked during part-year period (3) The Secretary may, if requested to do so by a member of the pension bonus scheme, issue a written certificate stating: (a) that the member was an accruing member of the scheme throughout a specified part-year period; and (b) the total number of hours gainfully worked by the member during that period; and (c) the total number of hours gainfully worked in Australia by the member during that period.
(4) The Secretary may, if requested to do so by a member of the pension bonus scheme, issue a written certificate stating: (a) that the member was an accruing member of the scheme throughout a specified part-year period; and (b) the total number of hours gainfully worked by a specified person during that period while the person was the partner of the member and was: (i) an accruing member, or a post-75 member, of the pension bonus scheme; or (ii) an accruing member, or a post-70/75 member, of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; and (c) the total number of hours gainfully worked in Australia by a specified person during that period while the person was the partner of the member and was: (i) an accruing member, or a post-75 member, of the pension bonus scheme; or (ii) an accruing member, or a post-70/75 member, of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act.
Record-keeping requirements (5) If: 296 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pension bonus Part 2.2A Passing the work test Division 5 Section 93C (a) a person makes a request for a certificate under subsection (1), (2), (3) or (4) relating to a particular period; and (b) the applicable record-keeping requirements have not been complied with in relation to that period (see section 93C); the Secretary may refuse to issue the certificate.
Non-accruing membership (6) The Secretary may, if requested to do so by a member of the pension bonus scheme, issue a written certificate stating that the member was a non-accruing member of the scheme throughout a specified period.

Evidence (7) In any proceedings relating to this Part, a certificate under this section is prima facie evidence of the matters in the certificate.
Subdivision C—Record-keeping requirements 93C Record-keeping requirements Record-keeping requirements for person (1) For the purposes of the application of paragraph 92U(a) or 92V(1)(a) or subsection 93B(1) or (3) to a person, the applicable record-keeping requirements have been complied with in relation to a period of the person’s accruing membership of the pension bonus scheme if: (a) in a case where the person has: (i) been given a group certificate or payment summary (within the meaning of section 16-170 in Schedule 1 to the Taxation Administration Act 1953) in respect of any gainful work carried on by the person during that period; or (ii) lodged an income tax return that relates to any gainful work carried on by the person during that period; Social Security Act 1991 297 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.2A Pension bonus Division 5 Passing the work test Section 93C the person would be in a position to produce a copy of the certificate or of the return, as the case may be, to the Secretary if the Secretary were to require the person to produce that copy; and (b) both: (i) the person has kept a recognised work record (see subsection (3)) in relation to gainful work carried on by the person during that period; and (ii) the person would be in a position to produce that record to the Secretary if the Secretary were to require the person to produce that record.
Record-keeping requirements for partner of person (2) For the purposes of the application of paragraph 92U(b) or (c) or 92V(1)(b) or (c) or subsection 93B(2) or (4) to a partner of a person, the applicable record-keeping requirements have been complied with in relation to a period of the person’s accruing membership of the pension bonus scheme if: (a) in a case where the partner has been given a group certificate or payment summary (within the meaning of section 16-170 in Schedule 1 to the Taxation Administration Act 1953) in respect of any gainful work carried on by the partner during that period while the partner was a partner of the person and was: (i) an accruing member, or a post-75 member, of the pension bonus scheme; or (ii) an accruing member, or a post-70/75 member, of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; the person would be in a position to produce a copy of the certificate to the Secretary if the Secretary were to require the person to produce that copy; and (b) in a case where the partner has lodged an income tax return that relates to any gainful work carried on by the partner during that period while the partner was a partner of the person and was: 298 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pension bonus Part 2.2A Passing the work test Division 5 Section 93C (i) an accruing member, or a post-75 member, of the pension bonus scheme; or (ii) an
 accruing member, or a post-70/75 member, of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; the person would be in a position to produce a copy of the return to the Secretary if the Secretary were to require the person to produce that copy; and (c) in any case—the partner has kept a recognised work record (see subsection (3)) in relation to any gainful work carried on by the partner during that period while the partner was a partner of the person and was: (i) an accruing member, or a post-75 member, of the pension bonus scheme; or (ii) an accruing member, or a post-70/75 member, of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; and the person would be in a position to produce that record to the Secretary if the Secretary were to require the person to produce that record.
Recognised work record (3) For the purposes of this section, a recognised work record, in relation to a person, is a written statement signed by the person that sets out, in relation to gainful work carried on by the person during a particular period: (a) the nature of the gainful work; and (b) the dates on which the gainful work was carried on; and (c) the total number of hours gainfully worked; and (d) the total number of hours gainfully worked in Australia; and (e) in a case where any of the gainful work was carried on in the capacity of employee—the name or names of the employer or employers concerned; and (f) such other particulars as the Secretary requires.
Social Security Act 1991 299 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.2A Pension bonus Division 6 Amount of pension bonus Section 93D Division 6—Amount of pension bonus 93D How to calculate the amount of pension bonus (1) To calculate the amount of a person’s pension bonus: (a) work out which of the person’s bonus periods count as qualifying bonus periods (see section 93E); (b) work out the person’s overall qualifying period (see section 93F); (c) work out the person’s pension multiple (see section 93G); (d) work out the person’s annual pension rate (see section 93H); (e) apply the appropriate formula in section 93J.
Note: Bonus period is defined by section 92T.

(2) For the purposes of this Division, a number of years is to be calculated to 3 decimal places.

However, if a number worked out in accordance with this subsection would, if it were calculated to 4 decimal places, end in a digit that is greater than 4, the number is to be increased by 0.001.
93E Qualifying bonus periods (1) For the purposes of this Division, if a person has accrued only one bonus period, that bonus period is the person’s qualifying bonus period.

(2) For the purposes of this Division, if a person has accrued only 2 bonus periods, each of those bonus periods is a qualifying bonus period.

(3) For the purposes of this Division, if a person has accrued only 3 bonus periods, each of those bonus periods is a qualifying bonus period.
(4) For the purposes of this Division, if a person has accrued only 4 bonus periods, each of those bonus periods is a qualifying bonus period.

300 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pension bonus Part 2.2A Amount of pension bonus Division 6 Section 93F (5) For the purposes of this Division, if a person has accrued only 5 bonus periods, each of those bonus periods is a qualifying bonus period.
(6) For the purposes of this Division, if: (a) a person has accrued more than 5 bonus periods; and (b) the last bonus period is a full-year period; each of the 5 most recent bonus periods are qualifying bonus periods.

(7) For the purposes of this Division, if: (a) a person has accrued more than 5 bonus periods; and (b) the last bonus period is a part-year period; each of the 5 most recent full-year bonus periods are qualifying bonus periods.
93F Overall qualifying period (1) For the purposes of this Division, if a person has only one qualifying bonus period, that period is the person’s overall qualifying period.

(2) For the purposes of this Division, if a person has 2 or more qualifying bonus periods, the person’s overall qualifying period is the period: (a) beginning at the start of the first qualifying bonus period; and (b) ending at the end of the last qualifying bonus period.
However, any period of non-accruing membership of the pension bonus scheme is taken not to form part of the person’s overall qualifying period.

93G Pension multiple For the purposes of this Division, a person’s pension multiple is worked out using the formula: 0.094  No.
of years in the person’s overall qualifying period Social Security Act 1991 301 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.2A Pension bonus Division 6 Amount of pension bonus Section 93H 93H Annual pension rate Application (1) This section sets a person’s annual pension rate for the purposes of this Division if the start day for the age pension is on or after 20 September 2009.
Note: See clause 144 of Schedule 1A if the start day is before 20 September 2009.
If person is not permanently blind (2) If the person is not permanently blind, the person’s annual pension rate is the rate that would be the person’s provisional annual payment rate under step 11 of the method statement in point 1064-A1, worked out as at the start day for the age pension, if the maximum payment rate under step 4 of the method statement were the total of: (a) the person’s maximum basic rate under point 1064-B1; and (b) the amount worked out for the person using the table in subsection (4).
(2A) The annual pension rate is to be worked out under subsection (2) by disregarding the amendments made by Part 1 of Schedule 1 to the Social Services and Other Legislation Amendment (Simplifying Income Reporting and Other Measures) Act 2020.
If person is permanently blind (3) If the person is permanently blind, the person’s annual pension rate is the sum of the following, worked out as at the start day for the age pension: (a) the person’s maximum basic rate in the table in point 1065-B1; (b) the amount worked out for the person using the table in subsection (4).
302 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pension bonus Part 2.2A Amount of pension bonus Division 6 Section 93J Amount for paragraphs (2)(b) and (3)(b) (4) For the purposes of paragraphs (2)(b) and (3)(b), the table is as follows: Amount for paragraphs (2)(b) and (3)(b) Column 1 Item Column 2 Person’s family situation Not member of a couple Partnered Member of illness separated couple Member of respite care couple Partnered (partner in gaol) Column 3 Amount $507.00 $423.80 $507.00 $507.00 $507.00 For member of a couple, partnered, illness separated couple, respite care couple and partnered (partner in gaol) see section 4.
The amounts are indexed 6 monthly in line with CPI increases (see sections 1191 to 1194).
Note 1: Note 2: 93J Amount of pension bonus No change in couple status during overall qualifying period (1) If: (a) a person was a member of a couple throughout the person’s overall qualifying period; or (b) a person was not a member of a couple at any time during the person’s overall qualifying period; the amount of the person’s pension bonus is worked out using the following formula (for rounding up, see subsection (7)): Annual pension rate  Pension multiple  No.
of years in the person’s overall qualifying period Social Security Act 1991 303 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.2A Pension bonus Division 6 Amount of pension bonus Section 93J Change in couple status during overall qualifying period (2) If subsection (1) does not apply to a person, the amount of the person’s pension bonus is worked out using the following formula (for rounding up, see subsection (7)): Annual notional single pension rate            Pension multiple  No.
of single years during overall qualifying period                      Annual notional partnered pension rate  Pension multiple  No.
of partnered years during overall q ualifying period           (3) For the purposes of this section, a person’s annual notional single pension rate is equal to: (a) if the person is not permanently blind—the adjusted percentage of the sum of: (i) the person’s maximum basic rate under Table B in point 1064-B1; and (ii) the amount worked out for the person using the table in subsection 93H(4); calculated in each case as at the start day for the age pension and assuming that the person was not a member of a couple at that day; or (b) if the person is permanently blind—the sum of: (i) the person’s maximum basic rate under Table B in point 1065-B1; and (ii) the amount worked out for the person using the table in subsection 93H(4); calculated in each case as at the start day for the age pension and assuming that the person was not a member of a couple at that day.
(4) For the purposes of this section, a person’s annual notional partnered pension rate is equal to: (a) if the person is not permanently blind—the adjusted percentage of the sum of: 304 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pension bonus Part 2.2A Amount of pension bonus Division 6 Section 93J (i) the person’s maximum basic rate under Table B in point 1064-B1; and (ii) the amount worked out for the person using the table in subsection 93H(4); calculated in each case as at the start day for the age pension and assuming that the person was a member of a couple at that day; or (b) if the person is permanently blind—the sum of: (i) the person’s maximum basic rate under Table B in point 1065-B1; and (ii) the amount worked out for the person using the table in subsection 93H(4); calculated in each case as at the start day for the age pension and assuming that the person was a member of a couple at that day.
(5) For the purposes of this section, a person’s adjusted percentage is the percentage worked out using the following formula (for rounding up, see subsection (8)): Annual pension rate Maximum basic rate  100 where: maximum basic rate is the sum of the person’s maximum basic rate worked out using Module B of Pension Rate Calculator A in section 1064 and the amount worked out for the person using the table in subsection 93H(4).
(6) For the purposes of this section: (a) the number of single years during the overall qualifying period is the number of years during the overall qualifying period when the person was not a member of a couple; and (b) the number of partnered years during the overall qualifying period is the number of years during the overall qualifying period when the person was a member of a couple.
Social Security Act 1991 305 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.2A Pension bonus Division 6 Amount of pension bonus Section 93K Rounding up (7) An amount calculated under subsection (1) or (2) is to be rounded to the nearest 10 cents (with 5 cents being rounded up).

(8) A percentage worked out under subsection (5) is to be calculated to 3 decimal places.
However, if a percentage worked out under subsection (5) would, if it were calculated to 4 decimal places, end in a digit that is greater than 4, the percentage is to be increased by 0.001.
93K Top up of pension bonus for increased rate of age pension (1) The Secretary may determine (a top up determination) that a person’s pension bonus is to be increased if: (a) the Secretary makes a determination (a rate determination) increasing the person’s rate of age pension; and (b) the rate determination takes effect on a day that is not more than 13 weeks after the start day for the person’s pension bonus; and (c) the rate determination is made because of a reduction since the start day in either or both of the following: (i) the value of the person’s assets; (ii) the person’s ordinary income.
Note: Any reduction in the value of a person’s assets or the person’s income will be determined by applying the assets test and the ordinary income test in Pension Rate Calculator A in Part 3.2 (including because of the operation of Pension Rate Calculator B in Part 3.3).
(2) The person’s pension bonus is increased by the difference between: (a) the person’s amount of pension bonus on the start day; and (b) the amount that would have been the person’s amount of pension bonus on the start day if the person’s rate of age pension on that day had been the highest rate at which age pension was payable to the person during the 13 weeks after the start day.
306 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pension bonus Part 2.2A Amount of pension bonus Division 6 Section 93L (3) A top up determination takes effect on the day on which the determination is made or on any earlier or later day specified in the determination.

(4) A top up determination is not a legislative instrument.
93L Top up of pension bonus in specified circumstances (1) The Secretary may determine (a top up determination) that a person’s pension bonus is to be increased if: (a) the Secretary makes a determination (a rate determination) increasing the person’s rate of age pension; and (b) the rate of age pension is increased in circumstances specified in an instrument made under subsection (6).

(2) The person’s pension bonus is increased by the amount specified by the Secretary in the top up determination.
(3) The Secretary must not specify an increase that would be greater than the difference between: (a) the person’s amount of pension bonus on the start day for the bonus; and (b) the amount that would have been the person’s amount of pension bonus on the start day if the person’s rate of age pension on that day had been the rate specified in the rate determination.
(4) A top up determination takes effect on the day on which the determination is made or on any earlier or later day specified in the determination.

(5) A top up determination is not a legislative instrument.

(6) The Secretary may, by legislative instrument, specify circumstances (other than circumstances specified in subsection 93K(1)) for the purposes of paragraph (1)(b).
Social Security Act 1991 307 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.2A Pension bonus Division 11 Preclusion periods Section 93U Division 11—Preclusion periods 93U Disposal preclusion period—disposals before 1 July 2002 (1A) This section applies only to disposals of assets that took place before 1 July 2002.
(1) For the purposes of this Part, if: (a) either: (i) a person has, during a designated year of the person, disposed of an asset of the person; or (ii) the partner of a person has, during a designated year of the person, disposed of an asset of the partner; and (b) the amount of that disposition, or the sum of that amount and of the amounts (if any) of other dispositions of assets previously made by the person and/or the person’s partner during that designated year, exceeds $10,000; the person is subject to a disposal preclusion period throughout the period of 5 years that starts on the day on which the disposition referred to in paragraph (a) took place.
Note: Designated year is defined by subsection (3).
(2) For the purposes of this Part, if: (a) a person ceases to be a member of a couple (whether because of the death of the person’s partner or for any other reason); and (b) immediately before the cessation, the person was subject to a particular disposal preclusion period that arose wholly because the person’s partner disposed of a particular asset; and (c) if that disposition had been disregarded, the person would not have been subject to that disposal preclusion period; then, despite subsection (1), that disposal preclusion period ends at the cessation.
(3) For the purposes of this section, a designated year of a person is: 308 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pension bonus Part 2.2A Preclusion periods Division 11 Section 93UA (a) the 12-month period ending on the day the person qualified for age pension; and (b) each preceding 12-month period; and (c) each succeeding 12-month period.
(4) This section applies to a disposal even if the disposal took place before the commencement of this section.

93UA Disposal preclusion period—disposals on or after 1 July 2002 A person is subject to a disposal preclusion period throughout any period for which an amount is included in the value of the person’s assets under section 1126AA, 1126AB, 1126AC, 1126AD or 1126E (so far as section 1126E relates to section 1126AA, 1126AB, 1126AC or 1126AD).
93V Compensation preclusion period (1) For the purposes of this Part, if a person receives a lump sum compensation payment, the person is subject to a compensation preclusion period throughout the lump sum preclusion period.

(2) For the purposes of this Part, if a person receives a series of periodic compensation payments, the person is subject to a compensation preclusion period throughout the periodic payments period.
(3) This section applies to a payment even if it was received before the commencement of this section.
93W Carer preclusion period (1) For the purposes of this Part, if a person receives: (a) a carer payment; or (b) a carer service pension; or (c) an income support supplement that is payable as a result of the operation of subclause 8(3) of Schedule 5 to the Veterans’ Entitlements Act; Social Security Act 1991 309 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.2A Pension bonus Division 11 Preclusion periods Section 93W during a particular period, the person is subject to a carer preclusion period throughout that period.
Note: Subclause 8(3) of Schedule 5 to the Veterans’ Entitlements Act deals with income support supplement for carers.

(2) This section applies to a carer payment, a carer service pension or an income support supplement even if it was received before the commencement of this section.
310 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pension bonus Part 2.2A Pension bonus bereavement payment Division 12 Section 93WA Division 12—Pension bonus bereavement payment 93WA Qualification for pension bonus bereavement payment A person is qualified for a pension bonus bereavement payment if: (a) the person stopped being a member of a couple because the person’s partner died; and (b) immediately before the partner died, the partner was a registered member of the pension bonus scheme; and (c) the partner had not made a claim for age pension or pension bonus before the partner died.
93WB Amount of pension bonus bereavement payment (1) The amount of a person’s pension bonus bereavement payment is worked out: (a) by working out the amount of pension bonus that would have been payable to the legal personal representative of the partner had the partner made claims for age pension and pension bonus just before the partner died (see subsections 59(3) and (4) of the Administration Act); and (b) by disregarding, in working out the amount referred to in paragraph (a): (i) any PBBP employment income of the person (see section 93WC); and (ii) any income of a kind specified in an instrument made under subsection (2).
(2) The Secretary may, by legislative instrument, specify kinds of income for the purposes of subparagraph (1)(b)(ii).
93WC Definition of PBBP employment income (1) PBBP employment income, of a person: (a) means ordinary income that is, or is taken to be, earned, derived or received by the person or the person’s partner from gainful work; and Social Security Act 1991 311 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.2A Pension bonus Division 12 Pension bonus bereavement payment Section 93WC (b) includes (without limitation) any of the following that is, or is taken to be, earned, derived or received by the person or the person’s partner: (i) salary, wages, commissions and employment-related fringe benefits; (ii) leave payments; (iii) payments to the person or the person’s partner by a former employer of the person or partner in relation to the termination of the person’s or partner’s employment.
(2) For the purposes of subparagraph (1)(b)(ii), a leave payment: (a) includes a payment in respect of sick leave, personal leave, carer’s leave, annual leave, maternity leave, long service leave or special leave; and (aa) includes an instalment of parental leave pay; and (ab) includes dad and partner pay; and (b) may be made as a lump sum payment, a series of regular payments or otherwise; and (c) is taken to be made to a person if it is made to another person: (i) at the direction of the person or of a court; or (ii) on behalf of the person; or (iii) for the benefit of the person; or (iv) if the person waives or assigns his or her right to the payment.
312 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Disability support pension Part 2.3 Qualification for and payability of disability support pension Division 1 Section 94 Part 2.3—Disability support pension Division 1—Qualification for and payability of disability support pension Subdivision A—Qualification 94 Qualification for disability support pension (1) A person is qualified for disability support pension if: (a) the person has a physical, intellectual or psychiatric impairment; and (b) the person’s impairment is of 20 points or more under the Impairment Tables; and (c) one of the following applies: (i) the person has a continuing inability to work; (ii) the Secretary is satisfied that the person is participating in the program administered by the Commonwealth known as the supported wage system; and (d) the person has turned 16; and (da) in a case where the following apply: (i) the person is under 35 years of age or is a reviewed 2008-2011 DSP starter; (ii) the Secretary is satisfied that the person is able to do work that is for at least 8 hours per week on wages at or above the relevant minimum wage and that exists in Australia, even if not within the person’s locally accessible labour market; (iii) if the person has one or more dependent children—the youngest dependent child is 6 years of age or over; the person meets any participation requirements that apply to the person under section 94A; and (e)
 the person either: (i) is an Australian resident at the time when the person first satisfies paragraph (c); or Social Security Act 1991 313 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.3 Disability support pension Division 1 Qualification for and payability of disability support pension Section 94 (ii) has 10 years qualifying Australian residence, or has a qualifying residence exemption for a disability support pension;
 or (iii) is born outside Australia and, at the time when the person first satisfies paragraph (c) the person: (A) is not an Australian resident; and (B) is a dependent child of an Australian resident; and the person becomes an Australian resident while a dependent child of an Australian resident; and (ea) one of the following applies: (i) the person is an Australian resident; (ia) the person is absent from Australia and the Secretary has made a determination in relation to the person under subsection 1218AAA(1); (ii) the person is absent from Australia and all the circumstances described in paragraphs 1218AA(1)(a), (b), (c), (d) and (e) exist in relation to the person.
Note 1: For Australian resident, qualifying Australian residence and qualifying residence exemption see section 7.

Note 2: For Impairment Tables see subsection 23(1) and sections 26 and 27.
Continuing inability to work (2) A person has a continuing inability to work because of an impairment if the Secretary is satisfied that: (aa) in a case where the person’s impairment is not a severe impairment within the meaning of subsection (3B) or the person is a reviewed 2008-2011 DSP starter who has had an opportunity to participate in a program of support—the person has actively participated in a program of support within the meaning of subsection (3C), and the program of support was wholly or partly funded by the Commonwealth; and (a) in all cases—the impairment is of itself sufficient to prevent the person from doing any work independently of a program of support within the next 2 years; and 314 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Disability support pension Part 2.3 Qualification for and payability of disability support pension Division 1 Section 94 (b) in all cases—either: (i) the impairment is of itself sufficient to prevent the person from undertaking a training activity during the next 2 years; or (ii) if the impairment does not prevent the person from undertaking a training activity—such activity is unlikely (because of the impairment) to enable the person to do any work independently of a program of support within the next 2 years.
Note: For work see subsection (5).

(3) In deciding whether or not a person has a continuing inability to work because of an impairment, the Secretary is not to have regard to: (a) the availability to the person of a training activity; or (b) the availability to the person of work in the person’s locally accessible labour market.
(3A) If: (a) a person is receiving disability support pension; and (b) the Secretary gives the person a notice under subsection 63(2) or (4) of the Administration Act in relation to assessing the person’s qualification for that pension; and (c) the person is not a reviewed 2008-2011 DSP starter; then paragraph (2)(aa) of this section does not apply in relation to that assessment.
Severe impairment (3B) A person’s impairment is a severe impairment if the person’s impairment is of 20 points or more under the Impairment Tables, of which 20 points or more are under a single Impairment Table.

Example 1: A person’s impairment is of 30 points under the Impairment Tables, made up of 20 points under one Impairment Table and 10 points under another Impairment Table.

The person has a severe impairment.


Example 2: A person’s impairment is of 40 points under the Impairment Tables, made up of 20 points under one Impairment Table and 20 points under another Impairment Table.

The person has a severe impairment.


Social Security Act 1991 315 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.3 Disability support pension Division 1 Qualification for and payability of disability support pension Section 94 Example 3: A person’s impairment is of 20 points under the Impairment Tables, made up of 10 points each under 2 separate Impairment Tables.

The person does not have a severe impairment.


Active participation in a program of support (3C) A person has actively participated in a program of support if the person has satisfied the requirements specified in a legislative instrument made by the Minister for the purposes of this subsection.

(3D) The Secretary must comply with any guidelines in force under subsection (3E) in deciding whether the Secretary is satisfied as mentioned in paragraph (2)(aa).
(3E) The Minister may, by legislative instrument, make guidelines for the purposes of subsection (3D).

Doing work independently of a program of support (4) A person is treated as doing work independently of a program of support if the Secretary is satisfied that to do the work the person: (a) is unlikely to need a program of support; or (b) is likely to need a program of support provided occasionally; or (c) is likely to need a program of support that is not ongoing.
Other definitions (5) In this section: program of support means a program that: (a) is designed to assist persons to prepare for, find or maintain work; and (b) either: (i) is funded (wholly or partly) by the Commonwealth; or (ii) is of a type that the Secretary considers is similar to a program that is designed to assist persons to prepare for, 316 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Disability support pension Part 2.3 Qualification for and payability of disability support pension Division 1 Section 94 find or maintain work and that is funded (wholly or partly) by the Commonwealth.
reviewed 2008-2011 DSP starter means a person for whom all the following conditions are met: (a) the person made (or is taken to have made) a claim for disability support pension before 3 September 2011; (b) a determination granting the claim took effect after 2007; (c) on or after 1 July 2014 the person was given a notice under subsection 63(2) or (4) of the Administration Act in relation to assessing the person’s qualification for that pension; (d) when the notice was given, the person was under 35 years of age; (e) before the notice was given, either: (i) there was a record that the Secretary was satisfied that the person was able to do work that was for at least 8 hours per week on wages at or above the relevant minimum wage and that existed in Australia, even if not within the person’s locally accessible labour market; or (ii) there was no record that the Secretary had considered whether the person was able to do work described in subparagraph (i); (f) after the notice was given, the Secretary decided not to determine under section 80 of the Administration Act that the disability support pension for the person is to be cancelled; (g) as a result of the assessment involving the notice, the Secretary is satisfied that the person: (i) does not have a severe impairment within the meaning of subsection (3B); and (ii) is able to do work that is for at least 8 hours per week on wages at or above the relevant minimum wage and that exists in Australia, even if not within the person’s locally accessible labour market; (h) the person does not have a dependent child under 6 years of age.
Social Security Act 1991 317 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.3 Disability support pension Division 1 Qualification for and payability of disability support pension Section 94 Note 1: Note 2: Section 63 of the Administration Act lets the Secretary notify a person that the person must give information to the Secretary or undergo a medical, psychiatric or psychological examination and give the Secretary a report on the examination.
Section 80 of the Administration Act lets the Secretary determine that disability support pension paid to a person is to be cancelled if the person is not or was not qualified for the pension, or if the pension is not or was not payable to the person (which may apply because the person did not comply with the notice under section 63 of that Act).
training activity means one or more of the following activities, whether or not the activity is designed specifically for people with physical, intellectual or psychiatric impairments: (a) education; (b) pre-vocational training; (c) vocational training; (d) vocational rehabilitation; (e) work-related training (including on-the-job training).
work means work: (a) that is for at least 15 hours per week on wages that are at or above the relevant minimum wage; and (b) that exists in Australia, even if not within the person’s locally accessible labour market.
Person not qualified in certain circumstances (6) A person is not qualified for a disability support pension on the basis of a continuing inability to work if the person brought about the inability with a view to obtaining a disability support pension or with a view to obtaining an exemption, because of the person’s incapacity, from the requirement to satisfy the activity test for the purposes of job search allowance, jobseeker payment, youth training allowance, youth allowance or austudy payment.
Person not qualified in certain circumstances (6) A person is not qualified for a disability support pension on the basis of a continuing inability to work if the person brought about 318 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Disability support pension Part 2.3 Qualification for and payability of disability support pension Division 1 Section 94A the inability with a view to obtaining a disability support pension or with a view to obtaining an exemption, because of the person’s incapacity, from: (a) the requirement to satisfy the activity test for the purposes of austudy payment; or (b) undertaking full-time study (see section 541B); or (c) the requirement to satisfy the employment pathway plan requirements for the purposes of jobseeker payment or youth allowance.
94A Participation requirements (1) The participation requirements are as follows: (a) the person must enter into a participation plan when the person is required by the Secretary under section 94B to do so; (b) if a participation plan is in force in relation to the person— the person must enter into another participation plan (instead of the existing one) if required by the Secretary under section 94B to do so; (c) while a participation plan is in force in relation to the person, the person must comply with the requirements in the plan.
(2) However, this section does not apply to the person during a period when the person is covered by a participation exemption under section 94C, 94D, 94E or 94F.

94B Participation plans (1) If a participation plan is not in force in relation to the person, the Secretary may require the person to enter into a participation plan under this section.
(2) If a participation plan is in force in relation to the person, the Secretary may require the person to enter into another participation plan instead of the existing one.
Social Security Act 1991 319 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.3 Disability support pension Division 1 Qualification for and payability of disability support pension Section 94C Notice of requirement (3) The Secretary is to give the person notice of: (a) the requirement; and (b) the place and time at which the participation plan is to be entered into.
Suitable requirements (4) A participation plan that is in force in relation to a person must contain one or more terms (the requirements) that: (a) the person is required to comply with; and (b) the Secretary regards as suitable for the person.

Approval of requirements (5) The requirements in a plan are to be approved by the Secretary.

Optional terms (6) A participation plan may also contain one or more terms that the person may, but is not required to, comply with.
Form of plan (7) A participation plan must be in a form approved by the Secretary.

94C Illness or accident (1) A person is covered by a participation exemption if the Secretary is satisfied that the person is temporarily unable to meet the participation requirements because of illness or an accident.

(1A) Subsection (1) does not apply to illness, or an accident, wholly or predominantly attributable to the person’s dependence on alcohol or another drug, unless the person is a declared program participant.
(2) The person is covered by the participation exemption for a period determined by the Secretary.
320 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Disability support pension Part 2.3 Qualification for and payability of disability support pension Division 1 Section 94D (3) In deciding whether he or she is satisfied as mentioned in subsection (1), the Secretary may request the person to give the Secretary a certificate from a medical practitioner.

(4) Subsection (3) does not limit subsection (1).


(5) A determination under subsection (2) is not a legislative instrument.

94D Pre-natal and post-natal relief (1) A pregnant woman is covered by a participation exemption for the period that starts 6 weeks before the woman’s expected date of confinement and ends on the day on which the woman gives birth to the child (whether or not the child is born alive).
(2) If a woman gives birth to a child (whether or not the child is born alive), the woman is covered by a participation exemption for the period that starts on the day on which she gives birth to the child and ends 6 weeks after that day.
94E Supported employment (1) A person is covered by a participation exemption for a period if: (a) the person is employed throughout the period; and (b) the work undertaken by the person in the course of that employment is for wages set in accordance with the program administered by the Commonwealth known as the supported wage system.
(2) A person is covered by a participation exemption for a period if the person is, throughout the period, in employment that is supported by supported employment services within the meaning of section 7 of the Disability Services Act 1986.
94F Special circumstances (1) A person is covered by a participation exemption for a period determined by the Secretary if: Social Security Act 1991 321 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.3 Disability support pension Division 1 Qualification for and payability of disability support pension Section 95 (a) the Secretary is satisfied that special circumstances, beyond the person’s control, exist; and (b) the Secretary is satisfied that in those circumstances it would be unreasonable to expect the person to meet the participation requirements for that period.
(1A) Subsection (1) does not apply to circumstances wholly or predominantly attributable to the person’s misuse of alcohol or another drug, unless the person is a declared program participant.

(2) The period determined under subsection (1) must not exceed 13 weeks.

(3) A determination under subsection (1) is not a legislative instrument.
95 Qualification for disability support pension—permanent blindness (1) A person is qualified for a disability support pension if: (a) the person is permanently blind; and (b) the person has turned 16; and (c) the person: (i) is an Australian resident at the time when the person first satisfies paragraph (a); or (ii) has 10 years qualifying Australian residence; or (iia) has a qualifying residence exemption for a disability support pension; or (iii) is born outside Australia and, at the time when the person first satisfies paragraph (a), the person: (A) is not an Australian resident; and (B) is a dependent child of an Australian resident; and the person becomes an Australian resident while a dependent child of an Australian resident; and (d) one of the following applies: (i) the person is an Australian resident; 322 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Disability support pension Part 2.3 Qualification for and payability of disability support pension Division 1 Section 96 (ia) the person is absent from Australia and the Secretary has made a determination in relation to the person under subsection 1218AAA(1); (ii) the person is absent from Australia and all the circumstances described in paragraphs 1218AA(1)(a), (b), (c), (d) and (e) exist in relation to the person.
Note: For Australian resident and qualifying Australian residence see section 7.
Person not qualified in certain circumstances (2) A person is not qualified for a disability support pension on the basis of blindness if the person brought about the blindness with a view to obtaining a disability support pension or with a view to obtaining an exemption, because of the person’s blindness, from the requirement to satisfy the activity test for the purposes of job search allowance, jobseeker payment, youth training allowance, youth allowance or austudy payment.
Person not qualified in certain circumstances (2) A person is not qualified for a disability support pension on the basis of blindness if the person brought about the blindness with a view to obtaining a disability support pension or with a view to obtaining an exemption, because of the person’s blindness, from: (a) the requirement to satisfy the activity test for the purposes of austudy payment; or (b) undertaking full-time study (see section 541B); or (c) the requirement to satisfy the employment pathway plan requirements for the purposes of jobseeker payment or youth allowance.
96 Continuation of disability support pension (1) This section applies to a person if: (a) the person is receiving disability support pension; and Social Security Act 1991 323 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.3 Disability support pension Division 1 Qualification for and payability of disability support pension Section 98 (b) the person would, apart from this section, cease to be qualified for disability support pension because the person obtains paid work that is for: (i) at least 15 hours per week; but (ii) less than 30 hours per week.
(2) A person to whom this section applies continues to be qualified for disability support pension.
(3) However, subsection (2) does not apply if, apart from that subsection, the person would cease to be qualified for disability support pension for the reason described in paragraph (1)(b) in the period: (a) starting when the person becomes a reviewed 2008-2011 DSP starter as defined in subsection 94(5); and (b) ending at the first time, after the person becomes a reviewed 2008-2011 DSP starter, at which the Secretary reviews the determination granting disability support pension to the person.
Subdivision B—Payability 98 Disability support pension not payable if pension rate nil (1) Subject to subsection (2), a disability support pension is not payable to a person if the person’s disability support pension rate would be nil.

(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because an election by the person under subsection 915A(1) (about quarterly energy supplement) or 1061VA(1) (about quarterly pension supplement) is in force.
103 Multiple entitlement exclusion (1) A disability support pension is not payable to a person if the person is already receiving a service pension or a veteran payment.
324 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Disability support pension Part 2.3 Qualification for and payability of disability support pension Division 1 Section 103 (2) If: (a) a person is receiving a disability support pension; and (b) another social security pension, a social security benefit, a service pension or a veteran payment becomes payable to the person; the disability support pension is not payable to the person.
Note 1: Another payment type will generally not become payable to the person until the person claims it.

Note 2: Social security benefit includes jobseeker payment.
(3) A disability support pension is not payable to a person who: (a) is an armed services widow or an armed services widower; and (b) is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; and (c) is receiving income support supplement under Part IIIA of that Act or would be eligible for income support supplement under that Part if he or she made a claim under section 45I of that Act.
(4) Subsection (3) does not apply if: (a) the person: (i) was on 20 March 1995 receiving; and (ii) has from that day continuously received; and (iii) is receiving; the disability support pension; and (b) the person elected under subsection 45E(2) of the Veterans’ Entitlements Act, or is taken under subsection 45E(3) of that Act to have elected, to continue to receive the disability support pension.
(5) Subsection (3) does not apply if: (a) before 20 March 1995, the person had made a claim for disability support pension; and Social Security Act 1991 325 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.3 Disability support pension Division 1 Qualification for and payability of disability support pension Section 103 (b) the person elected under subsection 45F(2) of the Veterans’ Entitlements Act, or is taken under subsection 45F(3) of that Act to have elected, to receive the pension in the event that it were granted to him or her; and (c) on or after 20 March 1995, the person was granted disability support pension; and (d) the person has since that time continued to receive, and is receiving, the pension.
(6) Subsection (3) does not apply if: (a) before 20 March 1995: (i) the person had made a claim for disability support pension; and (ii) the claim had been rejected; and (iii) the person had applied, under Chapter 6, for a review of the decision to reject the claim; and (b) the person elected under subsection 45G(2) of the Veterans’ Entitlements Act, or is taken under subsection 45G(3) of that Act to have elected, to receive the pension in the event that it were granted to him or her after review of the decision; and (c) on or after 20 March 1995, the decision to reject the claim was set aside and the person was granted disability support pension; and (d) the person has since that time continued to receive, and is receiving, the pension.
(7) A disability support pension is not payable to a person who: (a) is an armed services widow or an armed services widower; and (b) is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA; and (c) is receiving income support supplement or would be eligible for income support supplement if he or she made a claim under section 45I of the VEA.
326 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Disability support pension Part 2.3 Qualification for and payability of disability support pension Division 1 Section 103A Note 1: For armed services widow and armed services widower see subsection 4(1).

Note 2: For MRCA and VEA see subsection 23(1).
103A Exclusion of certain participants in ABSTUDY Scheme (1) If: (a) a payment is made in respect of a person under the ABSTUDY Scheme; and (b) the payment is made on the basis that the person is a full-time student; and (c) in the calculation of the payment, an amount identified as living allowance (the basic payment) is included; and (d) the payment relates to a period; disability support pension is not payable to the person in respect of any part of the period.
(2) If: (a) a person is qualified for a payment under the ABSTUDY Scheme; and (b) the payment for which the person is qualified is a payment that: (i) is made on the basis that the person is a full-time student; and (ii) is calculated on the basis that an amount identified as living allowance (the basic payment) is included; and (iii) relates to a period; disability support pension is not payable to the person in respect of any part of the period.
(3) If: (a) a person may enrol in a full-time course of education; and (b) a payment referred to in subsection (2) may be made in respect of the person; the Secretary may decide that, in spite of subsection (2), disability support pension is payable to the person before the person starts the course.
Social Security Act 1991 327 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.3 Disability support pension Division 1 Qualification for and payability of disability support pension Section 104 104 Seasonal workers—preclusion period (1) This section applies if: (a) a person has lodged a claim for disability support pension; and (b) the person qualifies, under section 94, for disability support pension; and (c) at any time during the 6 months immediately before the day on which the person lodged the claim, the person, or the person’s partner, has been engaged in seasonal work.
Note: For seasonal work see subsection 16A(1).
(2) Disability support pension is not payable to the person: (a) if the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act) and the Secretary has not made a determination under subsection (3) in relation to the person—for the person’s seasonal work preclusion period; or (b) if the Secretary has made a determination under subsection (3) in relation to the person—for that part (if any) of the person’s seasonal work preclusion period to which the person is subject as a result of the determination.
Note: For seasonal work preclusion period see subsection 16A(1).
(3) If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act): (a) the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and (b) the determination has effect accordingly.
Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) or subsection 19C(3) (person who is a member of a couple).

Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).
328 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Disability support pension Part 2.3 Rate of disability support pension Division 5 Section 117 Division 5—Rate of disability support pension 117 How to work out a person’s disability support pension rate A person’s disability support pension rate is worked out: (a) if the person is not permanently blind and paragraph (b) does not apply to the person—using Pension Rate Calculator A at the end of section 1064 (see Part 3.2); or (b) if the person is not permanently blind, has not turned 21 and does not have any dependent children—using Pension Rate Calculator D at the end of section 1066A (see Part 3.4A); or (c) if the person is permanently blind and paragraph (d) does not apply to the person—using Pension Rate Calculator B at the end of section 1065 (see Part 3.3); or (d) if the person is permanently blind, has not turned 21 and does not have any dependent children—using Pension Rate Calculator E at the end of section 1066B (see Part 3.4B).
Note: For dependent child see section 5.

118 Approved program of work supplement If a person: (a) is receiving a disability support pension; and (b) is participating in an approved program of work for income support payment; the rate of the person’s disability support pension is increased by an amount of $20.80, to be known as the approved program of work supplement, for each fortnight during which the person participates in the program.
119 Approved program of work supplement not payable in certain circumstances An approved program of work supplement is not payable to a person in respect of a fortnight if pensioner education supplement under Part 2.24A or under ABSTUDY is payable to the person in respect of a day in the fortnight.
Social Security Act 1991 329 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.3 Disability support pension Division 5 Rate of disability support pension Section 120 120 Effect of participation in an approved program of work for income support payment A person is not taken to be: (a) a worker carrying out work in any capacity for the Commonwealth, or an employee of the Commonwealth, for the purposes of the Work Health and Safety Act 2011; or (b) an employee within the meaning of section 5 of the Safety, Rehabilitation and Compensation Act 1988; or (c) an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992; or (d) an employee for the purposes of the Fair Work Act 2009; merely by participating in an approved program of work for income support payment in accordance with the terms of an agreement with the Secretary for the purposes of this Part.
330 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Disability support pension Part 2.3 Bereavement payments Division 10 Section 146F Division 10—Bereavement payments Subdivision A—Death of partner 146F Qualification for payments under this Subdivision (1) If: (a) a person is receiving disability support pension; and (b) the person is a member of a couple; and (c) the person’s partner dies; and (d) immediately before the partner died, the partner: (i) was receiving a social security pension; or (ii) was receiving a service pension, income support supplement or a veteran payment; or (iii) was a long-term social security recipient; and (e) on the person’s payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of: (i) the amount that would otherwise be payable to the person under section 146J (person’s continued rate) on that payday; and (ii) the amount that would otherwise be payable to the person under section 146G (continued payment of partner’s pension or benefit) on the partner’s payday immediately before the first available bereavement adjustment payday; the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: Note 2: Section 146G provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person’s partner during that period if the partner had not died.

Section 146H provides for a lump sum that represents the instalments that would have been paid to the person’s partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.
Social Security Act 1991 331 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.3 Disability support pension Division 10 Bereavement payments Section 146F (1A) If: (a) a person is receiving a disability support pension; and (b) immediately before starting to receive the disability support pension the person was receiving partner bereavement payments; and (c) the bereavement rate continuation period in relation to the death of the person’s partner has not ended; the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.
(2) A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.

Note: If a person makes an election, the date of effect of any determination to increase the person’s rate of age pension may, in some circumstances, be the day on which the person’s partner died (see subsection 146D(5A)).
(3) An election under subsection (2): (a) must be made by written notice to the Secretary; and (b) may be made after the person has been paid an amount or amounts under this Subdivision; and (c) cannot be withdrawn after the Department has taken all the action required to give effect to that election.
(4) If a person is qualified for payments under this Subdivision in relation to the partner’s death, the rate at which disability support pension is payable to the person during the bereavement period is, unless the person has made an election under subsection (2), governed by section 146J.
(5) For the purposes of this section, a person is a long-term social security recipient if: (a) the person is receiving a social security benefit; and (b) in respect of the previous 12 months, the person: (i) was receiving a social security pension; or (ii) was receiving a social security benefit; or (iia) was receiving a youth training allowance; or 332 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Disability support pension Part 2.3 Bereavement payments Division 10 Section 146G (iii) was receiving a service pension, income support supplement or a veteran payment.
(6) A person is taken to satisfy the requirements of paragraph (5)(b) if: (a) the person was receiving one or a combination of the payments referred to in that paragraph for a continuous period of 12 months; or (b) the person was receiving one or a combination of the payments referred to in that paragraph for 46 weeks of the previous 52.
146G Continued payment of deceased partner’s previous entitlement (1) If a person is qualified for payments under this Subdivision in relation to the death of the person’s partner, there is payable to the person, on each of the partner’s paydays in the bereavement rate continuation period: (a) where the partner was receiving a social security pension or social security benefit—the amount that would have been payable to the partner on the payday if the partner had not died; or (b) where the partner was receiving a service pension, income support supplement or a veteran payment—the amount that would have been payable to the partner under Part III, IIIA or IIIAA of the Veterans’ Entitlements Act on the service payday that: (i) where the first Thursday after the partner’s death was a service payday—precedes the partner’s payday; or (ii) in any other case—follows the partner’s payday; if the partner had not died.
(2) For the purposes of subsection (1), if the couple were, immediately before the partner’s death, an illness separated couple or a respite care couple, the amounts are to be worked out as if they were not such a couple.
Social Security Act 1991 333 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.3 Disability support pension Division 10 Bereavement payments Section 146H 146H Lump sum payable in some circumstances If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) the first available bereavement adjustment payday occurs before the end of the bereavement period; there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.
LUMP SUM CALCULATOR This is how to work out the amount of the lump sum: Method statement Step 1.

Work out the amount that would have been payable to the person on the partner’s payday immediately before the first available bereavement adjustment payday if: (a) the person’s partner had not died; and (b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 2.
Step 2.

Work out the amount that would have been payable to the person’s partner on the partner’s payday or service payday immediately before the first available bereavement adjustment payday if: (a) the partner had not died; and (b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.
334 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Disability support pension Part 2.3 Bereavement payments Division 10 Section 146J Step 3.

Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4.
Step 4.

Work out the amount that, but for section 146J, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday: the result is called the person’s individual rate.

Step 5.

Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 6.

Work out the number of paydays of the partner in the bereavement lump sum period.

Step 7.
Step 7.

Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable to the person under this section.
146J Adjustment of person’s disability support pension rate If: (a) a person is qualified for payments under this Subdivision; and (b) the person does not elect under subsection 146F(2) not to receive payments under this Subdivision; the rate of the person’s disability support pension during the bereavement period is worked out as follows: (c) during the bereavement rate continuation period, the rate of disability support pension payable to the person is the rate at which the pension would have been payable to the person if: (i) the person’s partner had not died; and (ii) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple; Social Security Act 1991 335 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.3 Disability support pension Division 10 Bereavement payments Section 146K (d) during the bereavement lump sum period (if any), the rate at which disability support pension is payable to the person is the rate at which the disability support pension would be payable to the person apart from this Subdivision.
146K Effect of death of person entitled to payments under this Subdivision If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) the person dies within the bereavement period; and (c) the Secretary does not become aware of the death of the person’s partner before the person dies; there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.
LUMP SUM CALCULATOR This is how to work out the amount of the lump sum: Method statement Step 1.

Work out the amount that would have been payable to the person on the person’s payday immediately after the day on which the person died if: (a) neither the person nor the person’s partner had died; and (b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 2.
Work out the amount that would have been payable to the partner on the partner’s payday or service payday immediately after the day on which the person died if: 336 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Disability support pension Part 2.3 Bereavement payments Division 10 Section 146L (a) neither the person nor the partner had died; and (b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.
Step 3.

Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4.

Work out the amount that, but for section 97 of the Administration Act, would have been payable to the person on the person’s payday immediately after the day on which the person died if the person had not died: the result is called the person’s individual rate.

Step 5.

Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 6.
Step 6.

Work out the number of paydays of the partner in the period that commences on the day on which the person dies and ends on the day on which the bereavement period ends.

Step 7.

Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section.
146L Matters affecting payment of benefits under this Subdivision (1) If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) after the person’s partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act; and Social Security Act 1991 337 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.3 Disability support pension Division 10 Bereavement payments Section 146Q (c) the Secretary is not satisfied that the person has not had the benefit of that amount; the following provisions have effect: (d) the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person’s partner, except to the extent (if any) that the amount exceeds the amount payable to the person under this Subdivision; (e) the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b).
(2) If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) an amount to which the person’s partner would have been entitled if the person’s partner had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and (c) the bank pays to the person, out of that account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b); the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person’s partner or anyone else in respect of the payment of that money to the person.
Subdivision C—Death of recipient 146Q Death of recipient (1) If: (a) a person is receiving disability support pension; and (b) either: (i) the person is not a member of a couple; or (ii) the person is a member of a couple and the person’s partner: 338 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Disability support pension Part 2.3 Bereavement payments Division 10 Section 146Q (A) is not receiving a social security pension; and (C) is not receiving a service pension, income support supplement or a veteran payment; and (c) the person dies; there is payable, to such person as the Secretary thinks appropriate, an amount equal to the amount that would have been payable to the person under this Act on the person’s payday after the person’s death if the person had not died.
(2) If an amount is paid under subsection (1) in respect of a person, the Commonwealth is not liable to any action, claim or demand for any further payment under that subsection in respect of the person.

Note: For the death of a person qualified for bereavement payments under Subdivision A, see section 146K.
Social Security Act 1991 339 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1A Interpretation Section 197 Part 2.5—Carer payment Division 1A—Interpretation 197 Definitions (1) In this Part, unless the contrary intention appears: Adult Disability Assessment Tool has the meaning given by subsection 38C(3).

care includes attention and supervision.


care child means: (a) a sole care child; or (b) a combined care child; or (c) a multiple care child.

care receiver has the meaning given by subsection 197B(1), 197C(1), 197D(1), 197E(1), 197G(1), 197H(1) or 198(2).

combined care child has the meaning given by subsection (4).

Disability Care Load Assessment (Child) Determination has the meaning given by subsection 38E(1).
disabled adult means a person aged 16 or more who: (a) has a physical, intellectual or psychiatric disability; and (b) is likely to suffer from that disability permanently or for an extended period.

higher ADAT score adult means a disabled adult who is a care receiver because paragraph 198(2)(a) applies.

lower ADAT score adult means a disabled adult who is a care receiver because subparagraph 197D(1)(a)(i), or paragraph 198(2)(d) applies.

multiple care child has the meaning given by subsection (5).
340 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Interpretation Division 1A Section 197 parent of: (a) a child with a severe disability or severe medical condition; or (b) a child with a disability or medical condition; or (c) a child who has a terminal condition; includes a person who has been granted guardianship of the child under a law of the Commonwealth, a State or a Territory.
sole care child has the meaning given by subsections (2) and (3).

treating health professional means a person who is determined under section 38F to be a treating health professional.
Sole care child (2) Subject to subsections (6) and (7), a person with a severe disability or severe medical condition is a sole care child if the provisions listed in one of the following paragraphs apply in relation to him or her as a care receiver: (a) paragraphs 197B(1)(a), (b) and (c); (b) subparagraph 197G(1)(a)(i) and paragraphs 197G(1)(b) and (c); (c) paragraphs 197H(1)(a) and (b).
(3) Subject to subsection (7), a person who has a terminal condition is a sole care child if paragraphs 197E(1)(a) and (b) apply in relation to the person as a care receiver.

For the purposes of this subsection, assume that paragraph 197E(1)(a) continues to apply in relation to the person if: (a) the person has turned 16; and (b) subsection 197E(2) applies in relation to him or her as a care receiver.
Combined care child (4) Subject to subsections (6) and (7), a person with a disability or medical condition is a combined care child if the provisions listed Social Security Act 1991 341 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1A Interpretation Section 197 in one of the following paragraphs apply in relation to him or her as a care receiver or as one of 2 or more care receivers: (a) paragraphs 197C(1)(a), (b) and (c); (b) subparagraph 197G(1)(a)(ii) and paragraphs 197G(1)(b) and (c); (c) paragraphs 197H(1)(a) and (b).
Multiple care child (5) Subject to subsections (6) and (7), a person with a disability or medical condition is a multiple care child if the provisions listed in one of the following paragraphs apply in relation to him or her as a care receiver or as one of 2 or more care receivers: (a) subparagraph 197D(1)(a)(ii) and paragraphs 197D(1)(b) and (c); (b) subparagraph 197G(1)(a)(ii) and paragraphs 197G(1)(b) and (c); (c) paragraphs 197H(1)(a) and (b).
Person may be over 16 (6) For the purposes of subsections (2), (4) and (5), assume that paragraph 197B(1)(a) or 197C(1)(a), subparagraph 197D(1)(a)(ii) or paragraph 197G(1)(b) or 197H(1)(b) (as the case requires) continues to apply in relation to the person if: (a) the person has turned 16; and (b) the person has not been assessed and rated and given a score under the Adult Disability Assessment Tool.
Constant care (7) If section 197F applies in relation to the person as a care receiver or as one of 2 or more care receivers, it does not matter that the care provided for the person is not constant care.
342 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 197A Division 1—Qualification for and payability of carer payment Subdivision A—Qualification 197A Overview—circumstances in which person is qualified for carer payment (1) The following sections set out the circumstances in which a person is qualified for a carer payment: (a) section 197B (child with a severe disability or severe medical condition); (b) section 197C (2 or more children each with a disability or medical condition); (c) section 197D (disabled adult and one or more children each with a disability or medical condition); (d) section 197E (child who has a terminal condition); (e) section 197F (exchanged care of children); (f) section 197G (short term or episodic care of children); (g) section 197H (extension of short term or episodic care of children); (h) section 198 (disabled adult, or disabled adult and dependent child); (i) section 198AA (hospitalisation); (j) section 198AD (wife pension and carer allowance recipient).
(2) In addition, sections 198AB and 198AC allow a person to continue to qualify for a carer payment in certain short-term circumstances.
197B Qualification—child with a severe disability or severe medical condition Child with a severe disability or severe medical condition (1) A person is qualified for a carer payment if: Social Security Act 1991 343 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 197B (a) the person personally provides constant care for a person (the care receiver) aged under 16 with a severe disability or severe medical condition; and (b) the person has been given a qualifying rating of intense under the Disability Care Load Assessment (Child) Determination for caring for the care receiver; and (c) a treating health professional has certified in writing that, because of that disability or condition: (i) the care receiver will need personal care for 6 months or more; and (ii) the personal care is required to be provided by a specified number of persons; and (d) the provision of constant care by the person severely restricts the person’s capacity to undertake paid employment; and (e) the requirements of subsections (2), (3) and (4) are met.
Constant care in home (2) The constant care must be provided in a private residence that is the home of the care receiver.

Person must be Australian resident (3) The person must be an Australian resident.

Note: For Australian resident see section 7.

Care receiver: residence and income and assets tests etc.
(4) The care receiver must: (a) require constant care; and (b) be an Australian resident; and (c) pass the income test under section 198A; and (d) either: (i) pass the assets test under section 198D; or (ii) be the subject of a decision in force under subsection 198N(2), (3) or (4) that subparagraph (i) 344 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 197C does not disqualify the person providing the constant care from carer payment.
197C Qualification—2 or more children each with a disability or medical condition Children each with a disability or medical condition (1) A person is qualified for a carer payment if: (a) the person personally provides constant care for 2 or more persons (the care receivers) aged under 16 each with a disability or medical condition; and (b) the person has been given a qualifying rating of intense under the Disability Care Load Assessment (Child) Determination for caring for the care receivers; and (c) in relation to each care receiver—a treating health professional has certified in writing that, because of that disability or condition: (i) the care receiver will need personal care for 6 months or more; and (ii) the personal care is required to be provided by a specified number of persons; and (d) the provision of constant care by the person severely restricts the person’s capacity to undertake paid employment; and (e) the requirements of subsections (2), (3) and (4) are met.
Constant care in home (2) The constant care must be provided in a private residence that is the home of the care receivers.

Person must be Australian resident (3) The person must be an Australian resident.

Note: For Australian resident see section 7.


Social Security Act 1991 345 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 197D Care receivers: residence and income and assets tests etc.
(4) The care receivers must: (a) require constant care; and (b) be Australian residents; and (c) pass the income test under section 198A; and (d) either: (i) pass the assets test under section 198D; or (ii) be the subject of a decision in force under subsection 198N(2), (3) or (4) that subparagraph (i) does not disqualify the person providing the constant care from carer payment.
197D Qualification—disabled adult and one or more children each with a disability or medical condition Disabled adult and one or more children each with a disability or medical condition (1) A person is qualified for a carer payment if: (a) the person personally provides constant care for both or all of the following persons (the care receivers): (i) a disabled adult who has been assessed and rated under the Adult Disability Assessment Tool and given a score under that assessment tool of at least 20, being a score calculated on the basis of a total professional questionnaire score of at least 8; (ii) one or more persons aged under 16 each with a disability or medical condition; and (b) the person has been given a qualifying rating of intense under the Disability Care Load Assessment (Child) Determination for caring for the care receivers; and (c) in relation to each care receiver who is aged under 16—a treating health professional has certified in writing that, because of that disability or condition: 346 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 197E (i) the care receiver will need personal care for 6 months or more; and (ii) the personal care is required to be provided by a specified number of persons; and (d) the provision of constant care by the person severely restricts the person’s capacity to undertake paid employment; and (e) the person is not qualified for a carer payment under section 198 because of paragraph 198(2)(a) for caring for the care receiver who is the disabled adult; and (f) the requirements of subsections (2), (3) and (4) are met.
Constant care in home (2) The constant care must be provided in a private residence that is the home of the care receivers.

Person must be Australian resident (3) The person must be an Australian resident.

Note: For Australian resident see section 7.

Care receivers: residence and income and assets tests etc.
(4) The care receivers must: (a) require constant care; and (b) be Australian residents; and (c) pass the income test under section 198A; and (d) either: (i) pass the assets test under section 198D; or (ii) be the subject of a decision in force under subsection 198N(2), (3) or (4) that subparagraph (i) does not disqualify the person providing the constant care from carer payment.
197E Qualification—child who has a terminal condition (1) A person is qualified for a carer payment if: Social Security Act 1991 347 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 197E (a) the person personally provides constant care for a person (the care receiver) aged under 16; and (b) a medical practitioner certifies in relation to the care receiver that: (i) the care receiver has a terminal condition; and (ii) the average life expectancy for a child with the same or a similar condition is not substantially longer than 24 months; and (iii) because of the condition the care receiver will need personal care for the remainder of his or her life; and (iv) the personal care is required to be provided by a specified number of persons; and (c) the provision of constant care by the person severely restricts the person’s capacity to undertake paid employment; and (d) the requirements of subsections (3), (4) and (5) are met.
(2) Despite paragraph (1)(a), the person remains qualified for a carer payment under this section after the care receiver turns 16 until the earlier of the following: (a) the person no longer otherwise qualifies for a carer payment under this section for caring for the care receiver; (b) the care receiver turns 18.

Constant care in home (3) The constant care must be provided in a private residence that is the home of the care receiver.
Person must be Australian resident (4) The person must be an Australian resident.

Note: For Australian resident see section 7.

Care receiver: residence and income and assets tests etc.
(5) The care receiver must: (a) require constant care; and 348 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 197F (b) be an Australian resident; and (c) pass the income test under section 198A; and (d) either: (i) pass the assets test under section 198D; or (ii) be the subject of a decision in force under subsection 198N(2), (3) or (4) that subparagraph (i) does not disqualify the person providing the constant care from carer payment.
197F Qualification—exchanged care of children Purpose of section (1) The purpose of this section is to allow a person to qualify under section 197B, 197C, 197D, 197E, 197G or 197H, or a combination of them, for a carer payment for caring for persons who are or include 2 or more persons aged under 16 despite the fact that the person is not personally providing constant care for the same persons.
When section applies (2) This section applies if: (a) the person is a parent of 2 or more persons aged under 16; and (b) the person (the carer) is personally providing care for at least 2 of those persons (the care receivers); and (c) the care receivers would qualify the carer for a carer payment under section 197B, 197C, 197D, 197E, 197G or 197H, apart from: (i) the fact that the carer is not personally providing constant care for the care receivers; and (ii) the fact that each care receiver has or may have more than one home; and (d) the circumstances in subsection (3) apply in relation to each of the care receivers.
Social Security Act 1991 349 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 197F Circumstances—family law arrangements (3) The circumstances are: (a) under one or more registered parenting plans, parenting plans or parenting orders that are in force, the care receiver is to live with, or spend time with the carer and the care receiver’s other parent (whether or not the care receiver is to live with, or spend time with, someone else); and (b) the length or percentage of time (however described) that the care receiver is to live with, or spend time with, the carer and the other parent is specified in, or worked out in accordance with, the plans or orders; and (c) the carer personally provides constant care for the care receiver when the care receiver is living with, or spending time with, the carer; and (d) the carer does not personally provide constant care for the care receiver only because the terms of the plans or orders require the care receiver to live with, or spend time with, the other parent or someone else; and (e) when the carer is not personally providing care for the care receiver, the carer is personally providing care for one or more other care receivers in relation to whom this subsection also applies.
Qualification for a carer payment (4) If this section applies, the carer is taken to be qualified for a carer payment under section 197B, 197C, 197D, 197E, 197G or 197H, or a combination of them, for caring for the care receivers or for persons who include the care receivers, as the case requires.

Example: The parents of 3 children each with a disability or medical condition are divorced.
Under a registered parenting plan covering all 3 children, one parent (the first parent) personally provides care in week 1 to: (a) one of the children covered by the plan; and (b) another child who is similarly disabled but who is not covered by the plan.
350 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 197G The other parent personally provides care for the other 2 children covered by the plan.

In week 2, the parents swap care arrangements for the children covered by the plan.
The first parent would not qualify for a carer payment under section 197C because he or she is not providing constant care for the same children.

However, this section allows the first parent to qualify for a carer payment for providing care for different children.
Application of income and assets tests (5) In applying the income and assets tests under section 198A or 198D in working out whether a parent qualifies under section 197B, 197C, 197D, 197E, 197G or 197H because of this section, disregard the other parent for the purposes of the following: (a) subsections 198B(1B) and 198D(1A), (1C) and (1DA); (b) subparagraph 198N(5)(aa)(ii); (c) paragraphs (b), (d) and (e) of the definition of FPC in subsection 198N(6).
197G Qualification—short term or episodic care of children Secretary’s determination (1) The Secretary may determine that a person is qualified for a carer payment for a period if: (a) the person is personally providing constant care for one or more persons (the care receiver or care receivers) each with: (i) a severe disability or severe medical condition; or (ii) a disability or medical condition; and (b) each care receiver is aged under 16 at the start of the period; and (c) in relation to each care receiver—a treating health professional has certified in writing that, because of the severe disability or severe medical condition, or because of the disability or medical condition: (i) the care receiver will need personal care for at least 3 months but less than 6 months; and Social Security Act 1991 351 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 197H (ii) the care is required to be provided by a specified number of persons; and (d) apart from the fact that the care receiver, or care receivers, will need personal care for less than 6 months, the person would qualify for a carer payment: (i) under section 197B or 197C (whether or not because of section 197F) for caring for the care receiver or care receivers; or (ii) under section 197D (whether or not because of section 197F) for caring for the care receiver and another person.
Limits on period determined (2) The period determined by the Secretary: (a) must be 3 months or more and less than 6 months; and (b) must not begin before the person’s start day.

Person may remain qualified until end of period even if care receiver turns 16 (3) A person does not cease to be qualified for a carer payment under this section only because the care receiver (or any of them) turns 16 before the end of the period determined by the Secretary.
197H Qualification—extension of short term or episodic care Extension of qualification under section 197G (1) This section applies if: (a) a person is qualified for a carer payment for caring for one or more persons (the care receiver or care receivers) aged under 16 for a period (the preceding period): (i) under section 197G; or (ii) if this section has previously applied to the person and the care receiver or care receivers—under the most recent application of this section; and 352 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 197H (b) in relation to each care receiver—before the end of the preceding period, and before the care receiver (or any of them) turns 16, the person gives the Secretary a certificate from a treating health professional certifying that: (i) because of a severe disability or severe medical condition, or a disability or medical condition, the care receiver will need personal care for a further period of less than 3 months starting immediately after the end of the preceding period; and (ii) the severe disability or severe medical condition, or disability or medical condition, is the same as, or related to, the severe disability or severe medical condition, or disability or medical condition, that necessitated the care for the preceding period; and (iii) the care is required to be provided by a specified number of persons.
Person qualified for further period determined by Secretary (2) The person is qualified for a carer payment for a further period if: (a) apart from the fact that the care receiver or care receivers will need personal care for less than 6 months, the person would qualify for a carer payment: (i) under section 197B or 197C (whether or not because of section 197F) for caring for the care receiver or care receivers; or (ii) under section 197D (whether or not because of section 197F) for caring for the care receiver and another person; and (b) the Secretary determines that a carer payment should be granted to the person for the period.
(3) The period determined must end not later than 6 months after the first day on which the person started to receive a carer payment under section 197G.
Social Security Act 1991 353 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 197J Person may remain qualified until end of period even if care receiver turns 16 (4) A person does not cease to be qualified for a carer payment under this section only because the care receiver (or any of them) turns 16 before the end of the period determined by the Secretary.
197J Qualification following qualification for short term or episodic care Purpose of section (1) The purpose of this section is to treat a person as qualified for a carer payment under section 197B, 197C or 197D, or because of 197F, for caring for: (a) one or more persons aged under 16; or (b) persons who include one or more persons aged under 16; if, immediately beforehand, the carer was qualified for a carer payment under section 197G or 197H (whether or not because of section 197F) for caring for the person or persons aged under 16.
Person taken to be qualified (2) If: (a) a person is qualified for a carer payment for caring for one or more care receivers aged under 16 for a period (the preceding period): (i) under section 197G; or (ii) if section 197H has applied to the person and the care receiver or care receivers—under the most recent application of that section; and (b) before the end of the preceding period, and before the care receiver (or any of them) turns 16, the person gives the Secretary a certificate in relation to each of them as required by whichever of subsection (3) or (4) applies; and (c) apart from paragraph 197B(1)(c), 197C(1)(c) or 197D(1)(c), the person would be qualified (whether or not because of 354 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 197J section 197F) for a carer payment for caring for the care receiver or care receivers or for persons who include at least one of them; the person is taken to qualify under section 197B, 197C or 197D (as the case requires) for caring for the care receiver or care receivers or for persons who include at least one of them.
Note: Paragraphs 197B(1)(c), 197C(1)(c) and 197D(1)(c) require that a treating health professional has certified that the care receiver, or each of them, will need personal care for 6 months or more.
(3) If the person was qualified for a carer payment under section 197G or 197H for caring for a care receiver with a severe disability or severe medical condition, there must be a certificate from a treating health professional certifying that: (a) because of a severe disability or severe medical condition the duration of the personal care needed by the care receiver is 6 months or more; and (b) the severe disability or severe medical condition is the same as, or related to, the severe disability or severe medical condition that necessitated the care for the preceding period; and (c) the care is required to be provided by a specified number of persons.
(4) If the person was qualified for a carer payment under section 197G or 197H for caring for one or more care receivers aged under 16 each with a disability or medical condition, there must be a certificate in relation to each care receiver from a treating health professional certifying that: (a) because of a disability or medical condition, the duration of the personal care needed by the care receiver is 6 months or more; and (b) the disability or condition is the same as, or related to, the disability or condition that necessitated the care for the preceding period; and (c) the care is required to be provided by a specified number of persons.
Social Security Act 1991 355 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 197K (5) For the purposes of paragraphs (3)(a) and (4)(a): (a) the 6 months includes any preceding periods under section 197G or under an application of section 197H; and (b) it does not matter if the treating health professional who certified under those sections is the same treating health professional referred to in subsection (3) or (4) or not.
197K Remaining qualified for up to 3 months after child turns 16 (1) This section applies if: (a) a person is qualified for a carer payment for caring for a care receiver aged under 16 under one of the following provisions: (i) section 197B, 197C or 197D (whether or not because of section 197F); (ii) paragraph 198(2)(d); and (b) the care receiver turns 16; and (c) the care receiver has not been assessed and rated and given a score under the Adult Disability Assessment Tool.
(2) If, apart from the care receiver turning 16, the person would remain qualified for a carer payment under that provision, the person remains qualified under that provision for 3 months after the care receiver turns 16.

198 Qualification—disabled adult or disabled adult and dependent child (1) A person is qualified for a carer payment if the requirements of this section are met.
Note: Sections 198AA, 198AB and 198AC allow the person to qualify in certain short-term circumstances where the requirements would not be met.
Constant care for disabled adult or disabled adult and a dependent child (2) The person must personally provide constant care for: 356 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198 (a) either: (i) if the person is the only person providing the constant care—a disabled adult (the care receiver) who has been assessed and rated under the Adult Disability Assessment Tool and given a score under that assessment tool of at least 25, being a score calculated on the basis of a total professional questionnaire score of at least 10; or (ii) if not—a disabled adult (the care receiver) who has been assessed and rated under the Adult Disability Assessment Tool and given a score under that assessment tool of at least 80, being a score calculated on the basis of a total professional questionnaire score of at least 32; or (d) a disabled adult and a dependent child of the adult (the care receivers), where: (i) the disabled adult has been assessed and rated under the Adult Disability Assessment Tool and given a score under that assessment tool of at least 20, being a score calculated on the basis of a total professional questionnaire score of at least 8; and (ii) the child is aged under 16; and (iii) if the child is aged 6 or more—carer allowance is payable for the child; and (iv) section 197D does not apply in respect of the care receivers.
Note: In a paragraph (d) case, subsection (9) deems certain supervision to constitute care.

Care in home (3) The care must be provided in a private residence that is the home of the care receiver or care receivers.
Social Security Act 1991 357 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198 Carer in Australia (4) The person must be an Australian resident, unless: (a) the person is in a country in which carer payment may be granted to the person under a scheduled international social security agreement; and (b) the scheduled international social security agreement entered into force on or before 24 December 1992.
Income and assets tests etc.

(5) The care receiver or care receivers must: (b) subject to subsection (6), be Australian residents; and Note: For Australian resident see section 7.
(c) subject to subsection (7), pass the income test under section 198A; and (d) subject to subsection (7), either: (i) pass the assets test under section 198D; or (ii) be the subject of a decision in force under subsection 198N(2), (3) or (4) that subparagraph (i) does not disqualify the person providing the constant care from carer payment.
Alternative to Australian residence test for higher ADAT score adults (6) Paragraph (5)(b) does not apply if: (a) the care receiver is the higher ADAT score adult mentioned in paragraph (2)(a); and (b) the adult is receiving a social security pension; and (c) carer payment may be granted to another person for the adult under a scheduled international social security agreement.
358 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198AAA Alternative to income/assets test for higher ADAT score adults (7) Paragraphs (5)(c) and (d) do not apply if the care receiver is the higher ADAT score adult mentioned in paragraph (2)(a) and the adult: (a) is receiving a social security pension or benefit, a service pension, income support supplement or a veteran payment; or (b) would be receiving a social security or service pension or income support supplement if he or she had been an Australian resident for a long enough period.
Deemed personal care of disabled adult and dependent child (9) For the purposes of paragraph (2)(d) and other references in this Part that relate to that paragraph, if a disabled adult is providing care of a dependent child of the adult at a particular time and another person is supervising the provision of that care at that time, the other person is taken personally to provide care of the adult and child at that time.
198AAA Continuation of qualification when person receiving care admitted to institution (1) This section applies if: (a) carer payment is payable: (i) to a person who has ordinarily been providing constant care for a care receiver or care receivers; or (ii) because of section 197F, to a person who has ordinarily been providing care for a care receiver or care receivers; and (b) the person would, apart from this section, cease to be qualified for the payment because he or she ceases to provide constant care (or, if section 197F applies to the person, care) for the care receiver or any of the care receivers as a result of the care receiver being admitted permanently to an institution where care is provided for the care receiver.
Social Security Act 1991 359 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198AA (2) The person remains qualified for the carer payment during the 14 weeks after the care receiver is admitted permanently to an institution.
198AA Qualification for carer payment—hospitalisation Participating in care of person in hospital (not qualified under section 197G or 197H) (1) A person (the carer) is qualified for a carer payment if: (a) the carer is participating in the care, in hospital, of one of the following persons (the hospitalised person): (i) a disabled adult; (ii) a child with a severe disability or medical condition; (iii) a child with a disability or medical condition; (iv) a child who has a terminal condition; (v) a dependent child of a disabled adult; and (b) it is reasonable to assume that, if the hospitalised person were not in hospital, the carer would qualify, except under section 197G or 197H (whether or not because of section 197F), for a carer payment for: (i) the hospitalised person; or (ii) the hospitalised person and another person or persons; and (c) a requirement in subsection (2) is met.
(2) For the purposes of paragraph (1)(c), the requirements are that either: (a) the hospitalised person is terminally ill; or (b) it is reasonable to expect that, upon leaving hospital, the hospitalised person: (i) will reside in a private residence that is the home of the hospitalised person; or (ii) if the carer would qualify for a carer payment because of section 197F for the hospitalised person—will reside 360 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198AA in a private residence that is a home of the hospitalised person.
Limit on qualification under subsection (1) (3) However, the period, or the sum of the periods, for which the carer can be qualified under subsection (1) for a hospitalised person who is a disabled adult is 63 days in any calendar year.

Note: There is no limit under subsection (1) for a hospitalised person who is a child.
Short term or episodic care of child (qualified under section 197G or 197H) (4) A person (the carer) qualifies for a carer payment if: (a) the carer is participating in the care, in hospital, of one of the following persons (the hospitalised person): (i) a child with a severe disability or medical condition; (ii) a child with a disability or medical condition; and (b) the Secretary determines in writing that, if the hospitalised person were not in hospital, the carer would qualify under section 197G or 197H (whether or not because of section 197F) for a carer payment for a period or periods for: (i) the hospitalised person; or (ii) the hospitalised person and another person or persons; and (c) it is reasonable to expect that, upon leaving hospital, the hospitalised person: (i) will reside in a private residence that is the home of the hospitalised person; or (ii) if the carer would qualify for a carer payment because of section 197F for the hospitalised person—will reside in a private residence that is a home of the hospitalised person.
However, the period, or the sum of the periods, for which the carer can be qualified under this subsection for the hospitalised person Social Security Act 1991 361 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198AB must not exceed the period, or the sum of the periods, determined under paragraph (b).
(5) A person (the carer) qualifies for a carer payment if: (a) the carer is participating in the care, in hospital, of one of the following persons (the hospitalised person): (i) a child with a severe disability or medical condition; (ii) a child with a disability or medical condition; and (b) immediately before the carer began participating in that care, the carer was qualified under section 197G or 197H (whether or not because of section 197F) for a carer payment for a period for: (i) the hospitalised person; or (ii) the hospitalised person and another person or persons; and (c) the person would cease to be qualified under section 197G or 197H for a carer payment for the balance of the period only because the person is participating in the care of the hospitalised person in hospital; and (d) it is reasonable to expect that, upon leaving hospital, the hospitalised person: (i) will reside in a private residence that is the home of the hospitalised person; or (ii) if the carer would qualify for a carer payment because of section 197F for the hospitalised person—will reside in a private residence that is a home of the hospitalised person.
However, the period, or the sum of the periods, for which the carer can be qualified under this subsection for the hospitalised person must not exceed the balance of the period referred to in paragraph (c).
198AB Care not required to be in private residence during portability period (1) This section applies if a person: 362 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198AC (a) is qualified for a carer payment; and (b) is absent from Australia for a period: (i) throughout which Division 2 of Part 4.2 applies to the person; and (ii) that is before the end of the person’s portability period for carer payment (within the meaning of that Division).
(2) The person does not cease to be qualified for a carer payment: (a) merely because the constant care for the care receiver or care receivers is not provided in a private residence that is the home of the care receiver or care receivers; or (b) if the person is qualified because of section 197F—merely because the care for the care receiver or care receivers is not provided in a private residence that is a home of the care receiver or care receivers.

198AC Effect of cessation of care etc.
on carer payment Continuation of payment where temporary cessation of care (1) Subject to subsection (3), if: (a) a person is qualified (except under section 197G or 197H) for a carer payment: (i) because the person is personally providing constant care for a care receiver or care receivers; or (ii) if the person is qualified because of section 197F— because the person is personally providing care for care receivers; and (b) the person temporarily ceases to provide that care for the care receiver or care receivers; the person does not cease to be qualified for the carer payment merely because of that cessation.
(1A) Subject to subsections (3) and (3A), if: (a) a person is qualified for a carer payment: Social Security Act 1991 363 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198AC (i) under section 197G or 197H because the person is personally providing constant care for a care receiver or care receivers; or (ii) under section 197G or 197H because of section 197F because the person is personally providing care for care receivers; and (b) the person temporarily ceases to provide that care for the care receiver or care receivers; the person does not cease to be qualified for the carer payment merely because of that cessation.
Continuation of payment after hospitalisation—section 198AA ceases to apply (2) Subject to subsections (3) and (3A), if: (a) a person is qualified for a carer payment under section 198AA because the person is participating in the care of an adult or child in hospital; and (b) apart from this subsection, the person would later cease to be qualified for carer payment under that section; and (c) either: (i) the person would not cease to be qualified for a carer payment if the person were providing constant care for the adult or child, or the adult or child and another person; or (ii) if the person qualified under section 198AA because of section 197F—the person would not cease to be qualified for a carer payment if the person were providing care for the adult or child, or the adult or child and another person; the person does not cease to be qualified for carer payment merely because of the lack of provision of that care.
364 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198AC Limit on subsections (1) and (2) (3) Subject to subsection (3B), the period, or the sum of the periods, for which subsection (1) or (2), or a combination of those subsections, can apply is: (a) 63 days in any calendar year; or (b) another period that the Secretary, for any special reason in the particular case, decides to be appropriate.
(3A) The period (or the sum of the periods) for which subsection (1A) or (2) (or a combination of those subsections) can apply to the person in a calendar year is the number of whole days worked out in accordance with the formula: Carer payment period Number of days in calendar year  Limit where: carer payment period, in relation to a calendar year, means: (a) if only 197G applied to the person to any extent in the calendar year—the number of days in the period determined under that section that fall in the calendar year; or (b) if sections 197G and 197H applied to the person to any extent in the calendar year—the number of days worked out by adding the days in each period determined under those sections to the extent that those days fall in the calendar year.
It does not matter whether section 197G or 197H (or both of them) apply because of section 197F or not.

limit, in relation to a calendar year, means: (a) 63 days; or (b) another number of days in the calendar year that the Secretary, for any special reason in the particular case, decides to be appropriate.
(3B) If: (a) because of subsection (1A), the person does not cease to be qualified in a calendar year for a carer payment under Social Security Act 1991 365 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198AC section 197G or 197H for a care receiver or care receivers; and (b) the number of days (the qualifying days) for which the person does not cease to be qualified (whether under subsection (1A) or (2), or a combination of them) in the calendar year is not more than the number of days worked out under subsection (3A) in relation to the person; and (c) subsequently in the calendar year, the person begins to qualify for a carer payment because of section 197J for the care receiver or care receivers; subsection (3) applies as if the periods referred to in whichever of paragraphs (a) and (b) of that subsection apply were reduced by the number of qualifying days.
Cessation of constant personal care in order to undertake training etc.
(4) If: (a) a person is qualified for carer payment because the person is personally providing constant care for a care receiver or care receivers; and (b) the person temporarily ceases to provide that care in order to undertake training, education, unpaid voluntary work or paid employment; and (c) the cessation does not exceed 25 hours per week; the person does not cease to be qualified for the carer payment merely because of the cessation.
Cessation of participation in hospital care in order to undertake training etc.
(5) If: (a) a person is qualified for carer payment because the person is participating in the care of another person in hospital; and (b) the person temporarily ceases to participate in the care in order to undertake training, education, unpaid voluntary work or paid employment; and 366 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198AD (c) the cessation does not exceed 25 hours per week; the person does not cease to be qualified for the carer payment merely because of the cessation.
198AD Qualification—wife pension and carer allowance recipient A woman is qualified for a carer payment if: (a) immediately before 20 March 2020, the woman was receiving a wife pension under Part 2.4; and (b) immediately before 20 March 2020, the woman was receiving carer allowance under Part 2.19; and (c) on and after 20 March 2020, the woman continuously receives carer allowance under Part 2.19; and (d) the woman is not otherwise qualified for a carer payment.
Note: The effect of paragraph (c) is that once the woman stops receiving carer allowance, the woman will not be able to again qualify for a carer payment under this section.

198A Income test Passing the income test (1) A care receiver or care receivers pass the income test if the taxable income of the care receiver, or the sum of the taxable incomes of the care receivers, worked out under section 198B for the appropriate tax year determined under section 198C is not more than $66,403 (the income ceiling).
Income test failed where no taxable income for appropriate tax year (2) A care receiver or care receivers do not pass the income test if any person (whether or not a care receiver) whose taxable income is required to be taken into account in applying section 198B does not have an assessed taxable income or an accepted estimated taxable income for the appropriate tax year.
Social Security Act 1991 367 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198B 198B Taxable income Rules that apply for the purposes of this Subdivision (1) For the purposes of this Subdivision, the rules set out in subsections (1A), (1B), (1BA), (1C) and (6) apply.
Taxable income of higher ADAT score adult (1A) If a care receiver who is a higher ADAT score adult is a member of a couple, the care receiver’s taxable income includes the taxable income of the care receiver’s partner.
Taxable income of sole care child, combined care child or multiple care child (1B) If a care receiver is a sole care child, combined care child or multiple care child who lives with his or her parent, the taxable income of the care receiver includes the taxable income of the following people: (a) the parent; (b) if the parent is a member of a couple—the parent’s partner; (c) if the parent or the partner has one or more FTB children— the FTB children (other than any who are care receivers).
However, if the care receiver is a combined care child or a multiple care child who is one of 2 or more care receivers, the taxable income of the same person is not to be included in the taxable income of any of the other care receivers.

Note: See also subsection 197F(5).
Taxable income of lower ADAT score adult (1BA) If a care receiver is a lower ADAT score adult, the care receiver’s taxable income includes the taxable income of the following people: (a) if the adult is a member of a couple—the adult’s partner and any FTB child (except the other care receiver or other care receivers) of the adult or of the partner; 368 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198B (b) in any other case—any FTB child (except the other care receiver) of the adult.
Taxable income (1C) A person’s taxable income for a tax year is: (a) the person’s assessed taxable income for the tax year; or (b) if the Commissioner of Taxation has not made an assessment of the person’s taxable income for the tax year—the person’s accepted estimated taxable income for the tax year.

Note: For accepted estimated taxable income see subsection (5).
Assessed taxable income (2) At a particular time, a person’s assessed taxable income for a tax year is the taxable income according to whichever of the following was made most recently: (a) an assessment of the person’s taxable income for the tax year made by the Commissioner of Taxation; (b) an amended assessment of the person’s taxable income for the tax year made by the Commissioner of Taxation; (c) an amendment made by a tribunal of an assessment or amended assessment of the person’s taxable income for the tax year made by the Commissioner of Taxation; (d) an amendment made by a court of: (i) an assessment or amended assessment of the person’s taxable income for the tax year made by the Commissioner of Taxation; or (ii) an amended assessment of the person’s taxable income for the tax year made by a tribunal.
Estimating taxable income (3) A person, or, if the person is a child—the child’s parent or carer, may give the Secretary a written estimate of the person’s taxable income for a tax year.
Social Security Act 1991 369 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198C (3A) If the care receivers are a lower ADAT score adult and one or more multiple care children, the lower ADAT score adult may give the Secretary a written estimate of each child’s taxable income for a tax year.
Accepting estimate of taxable income (4) The Secretary may accept the estimate only if: (a) the person does not have an assessed taxable income for the tax year; and (b) one of the following applies: (i) the tax year has not ended; (ii) the Secretary is satisfied that the person is not required to lodge a return of income for the tax year under the Income Tax Assessment Act; (iii) the Secretary is satisfied that the person has lodged, or proposes to lodge, a return of income for the tax year under the Income Tax Assessment Act; and (c) the Secretary is satisfied that the estimate is reasonable.
Accepted estimated taxable income (5) A person’s accepted estimated taxable income for a tax year is the taxable income according to the estimate that was most recently given to the Secretary under subsection (3) or (3A) and accepted by the Secretary.

Nil amounts of taxable income (6) A person’s assessed taxable income or accepted estimate of taxable income may be a nil amount.
198C Appropriate tax year Appropriate tax year in ordinary cases (1) Subject to this section, the appropriate tax year for a day is the base tax year for that day.

370 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198C Note: For base tax year see subsection (6).
(2) If: (a) carer payment would not be payable to a person because the care receiver or care receivers would not pass the income test under subsection 198A(1) apart from this subsection; and (b) the Secretary is given a written request to treat the care receiver or care receivers as if the tax year in which the request is given were the appropriate tax year; and (c) the request is given to the Secretary by the person, any care receiver who is 16 or over or a parent of any care receiver who is under 16; and (d) the taxable income of the care receiver, or the sum of the taxable incomes of the care receivers, for the tax year in which the request is made is likely to be less than the income ceiling; the appropriate tax year, for the purposes of applying subsection 198A(1) to the care receiver or care receivers on or after the day on which the request is given, is the tax year in which the request is made.
Note 1: For taxable income see section 198B.

Note 2: For income ceiling see subsection 198A(1).
Current tax year to be retained for consecutive calendar years in certain circumstances (3) If: (a) an instalment of carer payment (the first payment) is paid to a person on a day in one calendar year; and (b) the next instalment of carer payment (the second payment) is paid to a person on a day in the next calendar year; and (c) the instalment period to which the second payment relates: (i) commences immediately after the end of the instalment period to which the first payment related; and (ii) includes the first day of the calendar year referred to in paragraph (b); and Social Security Act 1991 371 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198C (d) the person’s carer payment is payable in relation to the period referred to in subparagraph (c)(i) because, as a result of a request under paragraph (2)(b), the appropriate tax year is the tax year in which that period occurs (the current tax year); and (e) the care receiver’s taxable income, or the sum of the taxable incomes of the care receivers, for the current tax year is less than the care receiver’s taxable income, or the sum of the taxable incomes of the care receivers, for the base tax year; the care recipient’s appropriate tax year, as from the beginning of the later calendar year, is the current tax year and not the base tax year unless the care recipient’s taxable income for the base tax year is less than the income ceiling.
Note 1: For base tax year see subsection (6).

Note 2: For income ceiling see subsection 198A(1).


Change to appropriate tax year because of notifiable event (4) For the purposes of section 198A, if: (a) a notifiable event occurs in relation to a care receiver or any of 2 or more care receivers; and (b) the care receiver’s taxable income, or the sum of the taxable incomes of the care receivers, for the tax year in which the notifiable event occurs exceeds the income ceiling; the appropriate tax year is the tax year in which the notifiable event occurs.
Note 1: For notifiable event see subsection (6).

Note 2: For taxable income see section 198B.

Note 3: For income ceiling see subsection 198A(1).

Note 4: The effect of subsection (4) is that the person caring for the care receiver or care receivers will cease to be qualified for carer payment because the care receiver or care receivers will not pass the income test under subsection 198A(1).
372 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198C Change to appropriate tax year because of effect of notifiable event on taxable income for later tax year (5) For the purposes of section 198A, if: (a) a notifiable event occurs in relation to a care receiver or any of 2 or more care receivers; and (b) the care receiver’s taxable income, or the sum of the taxable incomes of the care receivers, for the tax year in which the notifiable event occurs (the event tax year) does not exceed the income ceiling; and (c) the care receiver’s taxable income, or the sum of the taxable incomes of the care receivers, for the tax year that follows the event tax year is likely to exceed the income ceiling; the appropriate tax year is the year that follows the event tax year.
Note 1: For notifiable event see subsection (6).

Note 2: For taxable income see section 198B.

Definitions (6) For the purposes of this section: (a) the base tax year for a day is the tax year that ended on 30 June in the calendar year immediately before the calendar year in which the day falls; and (b) a notifiable event is an event or change of circumstances that: (i) is specified in a notice under section 70 of the Administration Act; and (ii) is described by the notice as a notifiable event.
Example: Suppose 4 April 1996 is a carer payment payday.

It falls in the calendar year 1 January to 31 December 1996, so the base tax year for that payday is the tax year that ended on 30 June 1995 (i.e.

the year of income beginning on 1 July 1994).
Social Security Act 1991 373 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198D 198D Assets test Higher ADAT score adult passing the assets test (1) A care receiver who is a higher ADAT score adult passes the assets test if the total value of the following assets is less than $376,750: (a) the care receiver’s assets; (b) if the care receiver has a partner—any assets of the partner; (c) if the care receiver or the care receiver’s partner has one or more FTB children—any assets of the FTB children.
Note: The amount specified in subsection (1) is indexed on each 1 January (see sections 1190 and 1191).
Sole care child passing the assets test (1A) A care receiver who is a sole care child passes the assets test if the total value of the following assets is less than $410,000: (a) the child’s assets; (b) if the child lives with his or her parent: (i) the assets of the parent; (ii) if the parent is a member of a couple—the assets of the parent’s partner; (iii) if the parent or the partner has one or more FTB children—the assets of those FTB children.

Note: See also subsection 197F(5).


(1B) For the purposes of this Division (other than subsection (1A)), if the child lives with his or her parent, the child’s assets are taken to include the assets listed in subsection (1A).
Combined care children passing the assets test (1C) Care receivers who are 2 or more combined care children pass the assets test if the total value of the following assets is less than $410,000: (a) the assets of all of the children; (b) if any of the children lives with his or her parent: 374 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198D (i) the assets of the parent; (ii) if the parent is a member of a couple—the assets of the parent’s partner; (iii) if the parent or the partner has one or more FTB children—the assets of those FTB children.
However, assets of the same person are not to be taken into account more than once.

Note: See also subsection 197F(5).

(1D) For the purposes of this Division (other than subsection (1C)), if any of the children lives with his or her parent, the child’s assets are taken to include the assets listed in paragraph (1C)(b) in relation to the child.

However, assets of the same person are not to be included in the assets of more than one child.
Lower ADAT score adult and multiple care child or children passing the assets test (1DA) Care receivers who are a lower ADAT score adult and one or more multiple care children pass the assets test if the total value of the assets of the following people is less than $571,500: (a) the adult; (b) each child; (c) if any of the children lives with his or her parent: (i) the parent; and (ii) if the parent is a member of a couple—the parent’s partner; and (iii) if the parent or the partner has one or more FTB children—those FTB children; (d) if the adult is a member of a couple—the adult’s partner; (e) if the adult or the partner has one or more FTB children—the FTB children.
However, assets of the same person are not to be taken into account more than once.
(1DB) For the purposes of this Division (other than subsection (1DA)), if any of the multiple care children lives with his or her parent, the Social Security Act 1991 375 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198E child’s assets are taken to include the assets listed in paragraph (1DA)(c) in relation to the child.
However, assets of the same person are not to be included in the assets of more than one child.
Lower ADAT score adult and dependent child passing the assets test (1E) Care receivers who are a lower ADAT score adult and a dependent child pass the assets test if the total value of the assets of the following people is less than $410,000: (a) the adult; (b) the dependent child; (c) if the adult is a member of a couple—the adult’s partner; (d) if the adult or the partner has one or more FTB children—the FTB children.
198E Working out the value of assets For the purposes of subsection 198D(1), (1A), (1C) or (1E), the value of assets is to be worked out in accordance with: (a) Part 3.12, except Divisions 2, 3 and 4 of that Part; and (b) sections 198F to 198MA (inclusive); and (c) Part 3.18, except Division 9.

Note: Sections 198F to 198MA (inclusive) make special provision for the assets test for care receivers in relation to subjects covered more generally by Division 2 of Part 3.12.
198F Disposal of assets—care receiver assets test (1) For the purposes of this Division, a person disposes of assets of the person if: (a) the person engages in a course of conduct that directly or indirectly: (i) destroys all or some of the person’s assets; or (ii) disposes of all or some of the person’s assets; or 376 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198F (iii) diminishes the value of all or some of the person’s assets; and (b) one of the following subparagraphs is satisfied: (i) the person receives no consideration in money or money’s worth for the destruction, disposal or diminution; (ii) the person receives inadequate consideration in money or money’s worth for the destruction, disposal or diminution; (iii) the Secretary is satisfied that the person’s purpose, or dominant purpose, in engaging in that course of conduct was to enable another person who provides care for the person to obtain a carer payment.
(1A) For the purposes of this Division, a person disposes of assets of a care child or a dependent child if: (a) the person engages in a course of conduct that directly or indirectly: (i) destroys all or some of the child’s assets; or (ii) disposes of all or some of the child’s assets; or (iii) diminishes the value of all or some of the child’s assets; and (b) one of the following paragraphs is satisfied: (i) the person receives no consideration in money or money’s worth for the destruction, disposal or diminution; (ii) the person receives inadequate consideration in money or money’s worth for the destruction, disposal or diminution; (iii) the Secretary is satisfied that the person’s purpose, or dominant purpose, in engaging in that course of conduct was to enable the person who provides care for the child to obtain a carer payment.
Note: Subsections 198D(1B) and (1D) provide that if the child lives with a parent, the assets listed in subsection 198D(1A) and paragraph (1C)(b) are taken to be the assets of the child.
Social Security Act 1991 377 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198G (2) If, under subsection 1147(1A), the value of a granny flat interest is less than the amount paid, or agreed to be paid, for the interest, then, for the purposes of this section, so much of the amount paid, or agreed to be paid, as exceeds the value of the interest is not consideration for the interest.
Note: For granny flat interest see subsection 12A(2).
198G Amount of disposition—care receiver assets test If a person disposes of assets, the amount of the disposition is: (a) if the person receives no consideration for the destruction, disposal or diminution—an amount equal to: (i) the value of the assets that are destroyed; or (ii) the value of the assets that are disposed of; or (iii) the amount of the diminution in the value of the assets whose value is diminished; or (b) if the person receives consideration for the destruction, disposal or diminution—an amount equal to: (i) the value of the assets that are destroyed; or (ii) the value of the assets that are disposed of; or (iii) the amount of the diminution in the value of the assets whose value is diminished; less the amount of the consideration received by the person in respect of the destruction, disposal or diminution.
198H Disposal of assets in pre-pension years—individual higher ADAT score adults (1) This section applies in determining whether a person (the carer) qualifies for a carer payment when claiming it for caring for a care receiver who: (a) is a higher ADAT score adult; and (b) is not a member of a couple when the claim is made.

(1A) This section applies only to disposals of assets that took place before 1 July 2002.
378 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198HA (2) If: (a) the care receiver has disposed of an asset of the care receiver during a pre-pension year of the carer; and (b) the amount of that disposition, or the sum of that amount and of the amounts (if any) of other dispositions of assets previously made by the care receiver during that pre-pension year, exceeds $10,000; the lesser of the following amounts is to be included in the value of the care receiver’s assets for the period of 5 years that starts on the day on which the disposition took place: (c) the amount of the first-mentioned disposition; (d) the amount by which the sum of the amount of the first-mentioned disposition of assets and of the amounts (if any) of other dispositions of assets previously made by the care receiver during that pre-pension year exceeds $10,000.
Note 1: For disposes of assets see section 198F.

Note 2: For amount of disposition see section 198G.

(3) In this section: pre-pension year, in relation to a carer, means: (a) the 12 months ending on the carer’s start day for carer payment; or (b) any preceding period of 12 months.
198HA Disposal of assets in pre-pension years—profoundly disabled child or disabled children (1) This section applies in determining whether a person (the carer) qualifies for a carer payment when claiming it for caring for a care receiver who is a profoundly disabled child or care receivers each of whom is a disabled child.

(1A) This section applies only to disposals of assets that took place before 1 July 2002.
(2) If: Social Security Act 1991 379 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198HB (a) a person has disposed of one or more of the child’s assets during a pre-pension year of the carer; and (b) the amount of that disposition, or the sum of that amount and of the amounts (if any) of other dispositions of the child’s assets previously made during that pre-pension year, exceeds $10,000; the lesser of the following amounts is to be included in the value of the child’s assets for the period of 5 years that starts on the day on which the disposition took place: (c) the amount of the first-mentioned disposition; (d) the amount by which the sum of the amount of the first-mentioned disposition of assets and of the amounts (if any) of other dispositions of assets previously made during that pre-pension year exceeds $10,000.
Note 1: For disposes of assets see section 198F.

Note 2: For amount of disposition see section 198G.

Note 3: Subsections 198D(1B) and (1D) provide that if the child lives with a parent, the assets listed in subsection 198D(1A) and paragraph (1C)(b) are taken to be assets of the child.

(3) In this section: pre-pension year, in relation to a carer, means: (a) the 12 months ending on the carer’s start day for carer payment; or (b) any preceding period of 12 months.
198HB Disposal of assets in pre-pension years—lower ADAT score adult and dependent child Application (1) This section applies in determining whether a person (the carer) qualifies for a carer payment when claiming it for caring for care receivers who are a lower ADAT score adult and a dependent child.
380 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198HB Disposals before 1 July 2002 (1A) This section applies only to disposals of assets that took place before 1 July 2002.
Increase in value of assets of lower ADAT score adult (2) Subject to subsection (3), if: (a) there has been a disposal, during a pre-pension year of the carer, of an asset of any of the following persons (a qualifying person): (i) the lower ADAT score adult; (ii) the dependent child; (iii) if the adult is a member of a couple—the adult’s partner and any FTB child of the adult or of the partner; (iv) if the adult is not a member of a couple—any FTB child of the adult; and (b) the amount of that disposition, or the sum of that amount and the amounts (if any) of other dispositions of assets of any of the qualifying persons during the pre-pension year, exceeds $10,000; the lesser of the following amounts is to be included in the value of the assets of the lower ADAT score adult, for the period of 5 years that starts on the day on which the disposition took place: (c) the amount of the first-mentioned disposition; (d) the amount by which the sum of the amount of the first-mentioned disposition and of the amounts (if any) of other dispositions of assets of the qualifying persons during that pre-pension year exceeds $10,000.
Note 1: For disposition of assets see section 198F.

Note 2: For amount of disposition see section 198G.
Effect of ceasing to be member of couple or death of FTB child after disposal of assets (3) If: Social Security Act 1991 381 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198J (a) an amount is included under subsection (2) in the value of the assets of the lower ADAT score adult because of the disposition of an asset of any of the qualifying persons; and (b) if the lower ADAT score adult is a member of a couple— either: (i) the adult ceases to be a member of that couple (either because his or her partner dies or for another reason); or (ii) any of the FTB children dies; and (c) if the lower ADAT score adult is not a member of a couple— any of the FTB children dies; then, for the purposes of subsection (2), the following are to be disregarded: (d) in a subparagraph (b)(i) case—the partner and any FTB child of the partner and any disposition of their assets; or (e) in a subparagraph (b)(ii) or paragraph (c) case—the FTB child and any disposition of his or her assets.
Pre-pension year (4) In this section: pre-pension year, in relation to a carer, means: (a) the 12 months ending on the carer’s provisional commencing day for the carer payment; or (b) any preceding period of 12 months.
198J Disposal of assets before 1 July 2002—individual higher ADAT score adults (1) This section applies in determining whether a person (the carer) who has been receiving a carer payment for caring for a care receiver who: (a) is a higher ADAT score adult; and (b) is not a member of a couple; continues to qualify for the pension.
382 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198JA (1A) This section applies only to disposals of assets that took place before 1 July 2002.
(2) If: (a) the care receiver has disposed of an asset of the care receiver during a pension year of the carer; and (b) the amount of that disposition, or the sum of that amount and of the amounts (if any) of other dispositions of assets previously made by the care receiver during that pension year, exceeds $10,000; the lesser of the following amounts is to be included in the value of the care receiver’s assets for the period of 5 years that starts on the day on which the disposition takes place: (c) the amount of the first-mentioned disposition; (d) the amount by which the sum of the amount of the first-mentioned disposition of assets, and of the amounts (if any) of other dispositions of assets previously made by the person during that pension year, exceeds $10,000.
Note 1: For disposes of assets see section 198F.

Note 2: For amount of disposition see section 198G.

(3) In this section: pension year, in relation to a carer, means: (a) the 12 months starting on the day the carer payment first became payable to the carer; or (b) any preceding or following period of 12 months.
198JA Disposal of assets before 1 July 2002—profoundly disabled children or disabled children (1) This section applies in determining whether a person (the carer) who has been receiving a carer payment for caring for a care receiver who is a profoundly disabled child or care receivers each of whom is a disabled child continues to qualify for the pension.
Social Security Act 1991 383 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198JA (1A) This section applies only to disposals of assets that took place before 1 July 2002.
(2) If: (a) a person has disposed of one or more of the child’s assets during a pension year of the carer; and (b) the amount of that disposition, or the sum of that amount and of the amounts (if any) of other dispositions of the child’s assets previously made during that pension year, exceeds $10,000; the lesser of the following amounts is to be included in the value of the child’s assets for the period of 5 years that starts on the day on which the disposition took place: (c) the amount of the first-mentioned disposition; (d) the amount by which the sum of the amount of the first-mentioned disposition of assets and of the amounts (if any) of other dispositions of assets previously made during that pension year exceeds $10,000.
Note 1: For disposes of assets see section 198F.

Note 2: For amount of disposition see section 198G.

Note 3: Subsections 198D(1B) and (1D) provide that if the child lives with a parent, the assets listed in subsection 198D(1A) and paragraph (1C)(b) are taken to be assets of the child.

(3) In this section: pension year, in relation to a carer, means: (a) the 12 months starting on the day the carer payment first became payable to the carer; or (b) any preceding or following period of 12 months.
384 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198JB 198JB Disposal of assets before 1 July 2002—lower ADAT score adult and dependent child Application (1) This section applies in determining whether a person (the carer) who has been receiving a carer payment for caring for care receivers who are a lower ADAT score adult and a dependent child continues to qualify for the pension.
(1A) This section applies only to disposals of assets that took place before 1 July 2002.
Increase in value of assets of lower ADAT score adult (2) Subject to subsection (3), if: (a) there has been a disposal, during a pension year of the carer, of an asset of any of the following persons (a qualifying person): (i) the lower ADAT score adult; (ii) the dependent child; (iii) if the adult is a member of a couple—the adult’s partner and any FTB child of the adult or of the partner; (iv) if the adult is not a member of a couple—any FTB child of the adult; and (b) the amount of that disposition, or the sum of that amount and the amounts (if any) of other dispositions of assets of any of the qualifying persons during the pension year exceeds $10,000; the lesser of the following amounts is to be included in the value of the assets of the lower ADAT score adult, for the period of 5 years that starts on the day on which the disposition took place: (c) the amount of the first-mentioned disposition; (d) the amount by which the sum of the amount of the first-mentioned disposition and of the amounts (if any) of other dispositions of assets of the qualifying persons during that pension year exceeds $10,000.
Social Security Act 1991 385 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198JB Note 1: For disposition of assets see section 198F.

Note 2: For amount of disposition see section 198G.
Effect of ceasing to be member of couple or death of FTB child after disposal of assets (3) If: (a) an amount is included under subsection (2) in the value of the assets of the lower ADAT score adult because of the disposition of an asset of any of the qualifying persons; and (b) if the lower ADAT score adult is a member of a couple— either: (i) the adult ceases to be a member of that couple (either because his or her partner dies or for another reason); or (ii) any of the FTB children dies; and (c) if the lower ADAT score adult is not a member of a couple— any of the FTB children dies; then, for the purposes of subsection (2), the following are to be disregarded: (d) in a subparagraph (b)(i) case—the partner and any FTB child of the partner and any disposition of their assets; or (e) in a subparagraph (b)(ii) or paragraph (c) case—the FTB child and any disposition of his or her assets.
Pension year (4) In this section: pension year, in relation to a carer, means: (a) the 12 months starting on the day the carer payment first became payable to the carer; or (b) any preceding or following period of 12 months.
386 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198JC 198JC Disposal of assets in income year—individual higher ADAT score adults Application (1) This section has effect in determining whether a person (the carer) who has been receiving a carer payment for caring for a care receiver who: (a) is a higher ADAT score adult; and (b) is not a member of a couple; continues to qualify for the payment.
Disposals to which section applies (2) This section applies to a disposal (the relevant disposal) on or after 1 July 2002 by the care receiver of an asset of the care receiver.
Increase in value of assets of higher ADAT score adult (3) If the amount of the relevant disposal, or the sum of that amount and the amounts (if any) of other disposals of assets previously made by the care receiver during the income year in which the relevant disposal took place, exceeds $10,000, then, for the purposes of this Act, the lesser of the following amounts is to be included in the value of the care receiver’s assets for the period of 5 years starting on the day on which the relevant disposal took place: (a) the amount of the relevant disposal; (b) the amount by which the sum of the amount of the relevant disposal, and the amounts (if any) of other disposals of assets previously made by the care receiver during the income year in which the relevant disposal took place, exceeds $10,000.
Social Security Act 1991 387 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198JD 198JD Disposal of assets in 5 year period—individual higher ADAT score adults Application (1) This section also has effect in determining whether a person (the carer) who has been receiving a carer payment for caring for a care receiver who: (a) is a higher ADAT score adult; and (b) is not a member of a couple; continues to qualify for the payment.
Disposals to which section applies (2) This section applies to a disposal (the relevant disposal) on or after 1 July 2002 by the care receiver of an asset of the care receiver.
Increase in value of assets of higher ADAT score adult (3) If: (a) the sum of the amount of the relevant disposal and the amounts of any previous disposals during the rolling period by the care receiver of assets of the care receiver; less (b) the sum of any amounts included in the value of the care receiver’s assets during the rolling period under section 198JC or any previous application or applications of this section; exceeds $30,000, then, for the purposes of this Act, an amount equal to the excess is to be included in the value of the care receiver’s assets for the period of 5 years starting on the day on which the relevant disposal took place.
Rolling period (4) For the purposes of this section, the rolling period is the period comprising the income year in which the relevant disposal took 388 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198JE place and such (if any) of the 4 previous income years as occurred after 30 June 2002.
198JE Disposal of assets in income year—sole care children Application (1) This section has effect in determining whether a person who has been receiving a carer payment for caring for a care receiver who is a sole care child continues to qualify for the payment.

Disposals to which section applies (2) This section applies to a disposal (the relevant disposal) on or after 1 July 2002 by a person of one or more of the child’s assets.
Increase in value of child’s assets (3) If the amount of the relevant disposal, or the sum of that amount and the amounts (if any) of other disposals of the child’s assets previously made by a person during the income year in which the relevant disposal took place, exceeds $10,000, then, for the purposes of this Act, the lesser of the following amounts is to be included in the value of the child’s assets for the period of 5 years starting on the day on which the relevant disposal took place: (a) the amount of the relevant disposal; (b) the amount by which the sum of the amount of the relevant disposal, and the amounts (if any) of other disposals of the child’s assets previously made during the income year in which the relevant disposal took place, exceeds $10,000.
198JF Disposal of assets in 5 year period—sole care child Application (1) This section also has effect in determining whether a person who has been receiving a carer payment for caring for a care receiver who is a sole care child continues to qualify for the payment.
Social Security Act 1991 389 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198JG Disposals to which section applies (2) This section applies to a disposal (the relevant disposal) on or after 1 July 2002 by a person of one or more of the child’s assets.
Increase in value of child’s assets (3) If: (a) the sum of the amount of the relevant disposal and the amounts of any previous disposals during the rolling period by a person of any of the child’s assets; less (b) the sum of any amounts included in the value of the child’s assets during the rolling period under section 198JE or any previous application or applications of this section; exceeds $30,000, then, for the purposes of this Act, an amount equal to the excess is to be included in the value of the child’s assets for the period of 5 years starting on the day on which the relevant disposal took place.
Rolling period (4) For the purposes of this section, the rolling period is the period comprising the income year in which the relevant disposal took place and such (if any) of the 4 previous income years as occurred after 30 June 2002.
198JG Disposal of assets in income year—lower ADAT score adult and child or children Application (1) This section has effect in determining whether a person (the carer) who has been receiving a carer payment for caring for care receivers who are a lower ADAT score adult and one or more multiple care children, or a lower ADAT score adult and a dependent child, continues to qualify for the payment.
390 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198JG Disposals to which section applies (2) This section applies to a disposal (the relevant disposal) on or after 1 July 2002 of an asset of any of the following persons (each of whom is called a qualifying person): (a) the lower ADAT score adult; (b) each multiple care child or dependent child; (c) if the adult is a member of a couple—the adult’s partner and any FTB child of the adult or of the partner; (d) if the adult is not a member of a couple—any FTB child of the adult.
Increase in value of assets of lower ADAT score adult (3) Subject to subsection (4), if the amount of the relevant disposal, or the sum of that amount and the amounts (if any) of other disposals of assets of any of the qualifying persons previously made during the income year in which the relevant disposal took place, exceeds $10,000, then, for the purposes of this Act, the lesser of the following amounts is to be included in the value of the assets of the lower ADAT score adult for the period of 5 years starting on the day on which the relevant disposal took place: (a) the amount of the relevant disposal; (b) the amount by which the sum of the amount of the relevant disposal and the amounts (if any) of other disposals of assets of the qualifying persons previously made during the income year in which the relevant disposal took place, exceeds $10,000.
Effect of ceasing to be member of couple or death of FTB child after disposal of assets (4) If: (a) an amount is included under subsection (3) in the value of the assets of the lower ADAT score adult because of the relevant disposal; and (b) if the lower ADAT score adult is a member of a couple— either: Social Security Act 1991 391 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198JH (i) the adult ceases to be a member of that couple (either because his or her partner dies or for another reason); or (ii) any of the FTB children dies; and (c) if the lower ADAT score adult is not a member of a couple— any of the FTB children dies; then, for the purposes of subsection (3), the following are to be disregarded: (d) in a subparagraph (b)(i) case—the partner and any FTB child of the partner and any disposal of their assets; or (e) in a subparagraph (b)(ii) or paragraph (c) case—the FTB child and any disposal of his or her assets.
198JH Disposal of assets in 5 year period—lower ADAT score adult and child or children Application (1) This section also has effect in determining whether a person (the carer) who has been receiving a carer payment for caring for care receivers who are a lower ADAT score adult and one or more multiple care children, or a lower ADAT score adult and a dependent child, continues to qualify for the payment.
Disposals to which section applies (2) This section applies to a disposal (the relevant disposal) on or after 1 July 2002 of an asset of any of the following persons (each of whom is called a qualifying person): (a) the lower ADAT score adult; (b) each multiple care child or dependent child; (c) if the adult is a member of a couple—the adult’s partner and any FTB child of the adult or of the partner; (d) if the adult is not a member of a couple—any FTB child of the adult.
392 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198JH Increase in value of assets of lower ADAT score adult (3) Subject to subsection (4), if: (a) the sum of the amount of the relevant disposal and the amounts of any previous disposals during the rolling period of assets of any of the qualifying persons; less (b) the sum of any amounts included in the value of the assets of the lower ADAT score adult during the rolling period under section 198JG or any previous application or applications of this section; exceeds $30,000, then, for the purposes of this Act, an amount equal to the excess is to be included in the value of the assets of the lower of the ADAT score adult for the period of 5 years starting on the day on which the relevant disposal took place.
Effect of ceasing to be member of couple or death of FTB child after disposal of assets (4) If: (a) an amount is included under subsection (3) in the value of the assets of the lower ADAT score adult because of the relevant disposal; and (b) if the lower ADAT score adult is a member of a couple— either: (i) the adult ceases to be a member of that couple (either because his or her partner dies or for another reason); or (ii) any of the FTB children dies; and (c) if the lower ADAT score adult is not a member of a couple— any of the FTB children dies; then, for the purposes of subsection (3), the following are to be disregarded: (d) in a subparagraph (b)(i) case—the partner and any FTB child of the partner and any disposal of their assets; or (e) in a subparagraph (b)(ii) or paragraph (c) case—the FTB child and any disposal of his or her assets.
Social Security Act 1991 393 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198K Rolling period (5) For the purposes of this section, the rolling period is the period comprising the income year in which the relevant disposal took place and such (if any) of the 4 previous income years as occurred after 30 June 2002.
198K Disposal of assets in pre-pension years—members of couples including higher ADAT score adults (1) This section applies in determining whether a person (the carer) qualifies for carer payment when claiming it for caring for a higher ADAT score adult who is a member of a couple when the claim is made.

(1A) This section applies only to disposals of assets that took place before 1 July 2002.
Increase in value of assets of care receiver and of care receiver’s partner (2) Subject to subsections (3) and (4), if: (a) the care receiver or the care receiver’s partner has disposed of an asset during a pre-pension year of the carer; and (b) the amount of that disposition, or the sum of that amount and the amounts (if any) of other dispositions of assets previously made by the care receiver or the partner during that pre-pension year, exceeds $10,000; the lesser of the following amounts is to be included in the value of both the assets of the care receiver and the assets of the partner, for the period of 5 years that starts on the day on which the disposition took place: (c) 50% of the amount of the first-mentioned disposition; (d) 50% of the amount by which the sum of the amount of the first-mentioned disposition and of the amounts (if any) of other dispositions of assets previously made by the care receiver or the care receiver’s partner during that pre-pension year exceeds $10,000.
394 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198K Note 1: For disposes of assets see section 198F.

Note 2: For amount of disposition see section 198G.
Effect of separation of couple after disposal of care receiver’s asset (3) If: (a) an amount is included under subsection (2) in the value of both the assets of the care receiver and the assets of the care receiver’s partner because of a disposition of an asset by the care receiver; and (b) the care receiver and the partner cease to be members of the same couple (either because the partner dies or for another reason); the amount that was included in the value of the partner’s assets because of that disposition is to be included in the assets of the care receiver.
Effect of separation of couple after disposal of partner’s asset (4) If: (a) an amount is included under subsection (2) in the value of both the assets of the care receiver and the assets of the care receiver’s partner because of a disposition of an asset by the partner; and (b) the care receiver and the partner cease to be members of the same couple (either because the partner dies or for another reason); the amount that was included in the value of the care receiver’s assets because of that disposition is no longer to be included in the assets of the care receiver.
Pre-pension year (5) In this section: pre-pension year, in relation to a carer, means: Social Security Act 1991 395 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198L (a) the 12 months ending on the carer’s start day for the carer payment; or (b) any preceding period of 12 months.
198L Disposal of assets before 1 July 2002—members of couples including higher ADAT score adults (1) This section applies in determining whether a person (the carer) who has been receiving a carer payment for caring for a higher ADAT score adult who is a member of a couple continues to qualify for the pension.

(1A) This section applies only to disposals of assets that took place before 1 July 2002.
Increase in value of assets of care receiver and of care receiver’s partner (2) Subject to subsections (3) and (4), if: (a) the care receiver or the care receiver’s partner disposed of an asset during a pension year of the carer; and (b) the amount of that disposition, or the sum of that amount and the amounts (if any) of other dispositions of assets previously made by the care receiver or the care receiver’s partner during that pension year, exceeds $10,000; the lesser of the following amounts is to be included in the value of both the assets of the care receiver and the assets of the partner, for the period of 5 years that starts on the day on which the disposition took place: (c) 50% of the amount of the first-mentioned disposition; (d) 50% of the amount by which the sum of the amount of the first-mentioned disposition and of the amounts (if any) of other dispositions of assets previously made by the care receiver or the care receiver’s partner during that pre-pension year exceeds $10,000.
Note 1: For disposes of assets see section 198F.

Note 2: For amount of disposition see section 198G.
396 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198L Effect of separation of couple after disposal of care receiver’s asset (3) If: (a) an amount is included under subsection (2) in the value of both the assets of the care receiver and the assets of the care receiver’s partner because of a disposition of an asset by the care receiver; and (b) the care receiver and the partner cease to be members of the same couple (either because the partner dies or for another reason); the amount that was included in the value of the partner’s assets because of that disposition is to be included in the assets of the care receiver.
Effect of separation of couple after disposal of partner’s asset (4) If: (a) an amount is included under subsection (2) in the value of both the assets of the care receiver and the assets of the care receiver’s partner because of a disposition of an asset by the partner; and (b) the care receiver and the partner cease to be members of the same couple (either because the partner dies or for another reason); the amount that was included in the value of the care receiver’s assets because of that disposition is no longer to be included in the assets of the care receiver.
Pension year (5) In this section: pension year, in relation to a carer, means: (a) the 12 months starting on the day the carer payment first became payable to the carer; or (b) any preceding or following period of 12 months.
Social Security Act 1991 397 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198LA 198LA Disposal of assets in income year—members of couples including higher ADAT score adults Application (1) This section has effect in determining whether a person (the carer) who has been receiving a carer payment for caring for a care receiver who is a higher ADAT score adult and is a member of a couple continues to qualify for the payment.
Disposals to which section applies (2) This section applies to a disposal (the relevant disposal) on or after 1 July 2002 of an asset by the care receiver, the care receiver’s partner, or the care receiver and the care receiver’s partner.
Increase in value of assets (3) If the amount of the relevant disposal, or the sum of that amount and the amounts (if any) of other disposals of assets previously made by the care receiver, the care receiver’s partner, or the care receiver and the care receiver’s partner (whether before or after they became members of the couple), during the income year in which the relevant disposal took place, exceeds $10,000, then, for the purposes of this Act, the lesser of the following amounts is to be included in the value of the assets of the care receiver and in the value of the assets of the partner for the period of 5 years starting on the day on which the relevant disposal took place: (a) one-half of the amount of the relevant disposal; (b) one-half of the amount by which the sum of the amount of the relevant disposal and the amounts (if any) of other disposals of assets previously made by the care receiver, the partner, or the care receiver and the partner, during the income year in which the relevant disposal took place, exceeds $10,000.
398 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198LB Effect of ceasing to be a member of couple after disposal by care receiver (4) If: (a) the relevant disposal is the disposal of an asset by the care receiver; and (b) after the relevant disposal, the care receiver and the care receiver’s partner cease to be members of the same couple (either because the partner dies or for another reason); the amount that was included in the value of the assets of the partner because of the relevant disposal is to be included in the value of the assets of the care receiver.
Effect of ceasing to be a member of couple after disposal by care receiver’s partner (5) If: (a) the relevant disposal is the disposal of an asset by the care receiver’s partner; and (b) after the relevant disposal, the care receiver and the partner cease to be members of the same couple (either because the partner dies or for another reason); the amount that was included in the value of the assets of the care receiver because of the relevant disposal is no longer to be included in the value of the assets of the care receiver.
198LB Disposal of assets in 5 year period—members of couples including higher ADAT score adults Application (1) This section also has effect in determining whether a person (the carer) who has been receiving a carer payment for caring for a care receiver who is a higher ADAT score adult and is a member of a couple continues to qualify for the payment.
Social Security Act 1991 399 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198LB Disposals to which section applies (2) This section applies to a disposal (the relevant disposal) on or after 1 July 2002 of an asset by the care receiver, the care receiver’s partner, or the care receiver and the care receiver’s partner.
Increase in value of assets (3) If: (a) the sum of the amount of the relevant disposal and the amounts of any previous disposals during the rolling period of assets by the care receiver, the care receiver’s partner, or the care receiver and the care receiver’s partner; less (b) the sum of any amounts included in the value of the assets of the care receiver or the partner during the rolling period under a provision of this Subdivision other than this section or under any previous application or applications of this section; exceeds $30,000, then, for the purposes of this Act, an amount equal to one-half of the excess is to be included in the value of the assets of the care receiver and in the value of the assets of the partner for the period of 5 years starting on the day on which the relevant disposal took place.
Effect of ceasing to be member of couple after disposal by care receiver (4) If: (a) the relevant disposal is a disposal of an asset by the care receiver; and (b) after the relevant disposal, the care receiver and the care receiver’s partner cease to be members of the same couple (either because the partner dies or for another reason); the amount that was included in the value of the assets of the partner because of the relevant disposal is to be included in the value of the assets of the care receiver.
400 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198M Effect of ceasing to be member of couple after disposal by care receiver’s partner (5) If: (a) the relevant disposal is a disposal of an asset by the care receiver’s partner; and (b) after the relevant disposal, the care receiver and the partner cease to be members of the same couple (either because the partner dies or for another reason); the amount that was included in the value of the assets of the care receiver because of the relevant disposal is no longer to be included in the value of the assets of the care receiver.
Rolling period (6) For the purposes of this section, the rolling period is the period comprising the income year in which the relevant disposal took place and such (if any) of the 4 previous income years as occurred after 30 June 2002.
198M Certain dispositions to be disregarded for care receiver assets test This Division does not apply to a disposition of an asset by a person (the disposer): (a) more than 5 years before the time when another person (the carer) became qualified for a carer payment: (i) because the carer was providing care for the disposer and the disposer was a care receiver or one of 2 or more care receivers; or (ii) because the carer was providing care for the person who was the disposer’s partner at the time of the disposition and that person was a care receiver or one of 2 or more care receivers; or (b) less than 5 years before the time referred to in paragraph (a) but before the time when the disposer could, in the Secretary’s opinion, reasonably have expected that the carer Social Security Act 1991 401 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198MA would become qualified for carer payment for a reason described in paragraph (a); or (c) before 9 May 1995.
198MA Other disposals to be disregarded for care receiver assets test This Division does not apply to a disposal by a person (the disposer) of an asset of a child: (a) more than 5 years before the carer became qualified for a carer payment because the carer was providing care for the child and the child was a care receiver or one of 2 or more care receivers; and (b) less than 5 years before the time referred to in paragraph (a) but before the time when the disposer could, in the Secretary’s opinion, reasonably have expected that the carer would become qualified for carer payment because the carer was providing care for the child.
Note: Subsections 198D(1B), (1D) and (1DB) provide that if a sole care child, a combined care child or a multiple care child lives with a parent, the assets listed in subsection 198D(1A) and paragraphs 198D(1C)(b) and (1DA)(c) are taken to be the assets of the child.
198N Exemption from care receiver assets test Application by parent or carer of sole care child (1AA) Subsections (2), (3), (4), (5) and (6) have effect if: (a) subparagraph 197B(4)(d)(i) or 197E(5)(d)(i) would disqualify from carer payment a person caring for a care receiver who is a sole care child; and (b) the parent or the carer of the care receiver lodges with the Department, in a form approved by the Secretary, a request that the carer not be disqualified by that subparagraph; and (c) the request includes a written estimate of the taxable income of the care receiver for the current financial year under subsection 198B(3); and 402 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198N (d) the Secretary accepts the estimate under subsection 198B(4).
Application by parent or carer of combined care children (1AB) Subsections (2), (3), (4), (5) and (6) have effect if: (a) subparagraph 197C(4)(d)(i) would disqualify from carer payment a person caring for 2 or more care receivers each of whom is a combined care child; and (b) the parent or the carer of any of the care receivers lodges with the Department, in a form approved by the Secretary, a request that the carer not be disqualified by that subparagraph; and (c) the request includes written estimates of the taxable incomes of the care receivers for the current financial year under subsection 198B(3); and (d) the Secretary accepts the estimate under subsection 198B(4).
Application by lower ADAT score adult (multiple care child or children) (1AC) Subsections (2), (3), (4), (5) and (6) have effect if: (a) subparagraph 197D(4)(d)(i) would disqualify from carer payment a person caring for care receivers who are a lower ADAT score adult and one or more multiple care children; and (b) the lower ADAT score adult lodges with the Department, in a form approved by the Secretary, a request that the carer not be disqualified by that subparagraph; and (c) the request includes written estimates of the taxable incomes of the lower ADAT score adult and each child under subsection 198B(3A); and (d) the Secretary accepts the estimate under subsection 198B(4).
Social Security Act 1991 403 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198N Application by higher ADAT score adult (1) If: (a) subparagraph 198(5)(d)(i) would disqualify for carer payment a person caring for a care receiver who is a higher ADAT score adult; and (b) the higher ADAT score adult lodges with the Department, in a form approved by the Secretary, a request that the adult not be disqualified by that subparagraph; and (c) the request includes a written estimate of the higher ADAT score adult’s taxable income for the current financial year under subsection 198B(3); and (d) the Secretary accepts the estimate under subsection 198B(4); subsections (2), (3), (4), (5) and (6) have effect.
Application by lower ADAT score adult (1B) If: (a) subparagraph 198(5)(d)(i) would disqualify from carer payment a person caring for care receivers who are a lower ADAT score adult and a dependent child; and (b) the lower ADAT score adult lodges with the Department, in a form approved by the Secretary, a request that the carer not be disqualified by that subparagraph; and (c) the request includes written estimates of the taxable incomes of the lower ADAT score adult and the dependent child under subsection 198B(3); and (d) the Secretary accepts the estimate under subsection 198B(4); subsections (2), (3), (4), (5) and (6) have effect.
Failing assets test but passing special income test (2) The Secretary may decide that subparagraph 197B(4)(d)(i), 197C(4)(d)(i), 197D(4)(d)(i), 197E(5)(d)(i) or 198(5)(d)(i) does not disqualify the person from carer payment if: 404 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198N (a) the value of the assets of the care receiver or the sum of the values of the assets of the care receivers is more than $410,000 but not more than $608,500; and (b) the value of the liquid assets of the care receiver, or the sum of the values of the liquid assets of the care receivers, is less than the liquid assets limit; and (c) the amount of the accepted estimated taxable income of the care receiver, or the sum of the amounts of the accepted estimated taxable incomes of the care receivers, for the current financial year is less than the threshold amount worked out under subsection (6).
Note 1: Note 2: The amounts specified in paragraph (2)(a) are indexed each year on 1 January (see sections 1190 and 1191).

For calculating the value of assets and liquid assets, see paragraph (5)(a).

Note 3: For liquid assets see subsection 19B(1).

Note 4: For liquid assets limit see paragraph (5)(b).

Note 5: For accepted estimated taxable income see subsection 198B(5).
Failing assets and special income tests (3) The Secretary may decide that subparagraph 197B(4)(d)(i), 197C(4)(d)(i), 197D(4)(d)(i), 197E(5)(d)(i) or 198(5)(d)(i) does not disqualify the person from carer payment if the value of the assets of the care receiver, or the sum of the values of the assets of the care receivers, is more than $410,000 and not more than $608,500 and: (a) the value of the liquid assets of the care receiver, or the sum of the values of the liquid assets of the care receivers, is equal to or greater than the liquid assets limit; or (b) the amount of the accepted estimated taxable income of the care receiver, or the sum of the amounts of the accepted estimated taxable incomes of the care receivers, for the current financial year is equal to or more than the threshold amount worked out under subsection (6).
Social Security Act 1991 405 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198N Note 1: Note 2: The amounts specified in subsection (3) are indexed each year on 1 January (see sections 1190 and 1191).

For calculating the value of assets and liquid assets, see paragraph (5)(a).

Note 3: For liquid assets see subsection 19B(1).


Note 4: For liquid assets limit see paragraph (5)(b).

Note 5: For accepted estimated taxable income see subsection 198B(5).
Failing assets test by large margin but passing special income test (4) The Secretary may decide that subparagraph 197B(4)(d)(i), 197C(4)(d)(i), 197D(4)(d)(i), 197E(5)(d)(i) or 198(5)(d)(i) does not disqualify the person from carer payment if: (a) the value of the assets of the care receiver, or the sum of the values of the assets of the care receivers, is more than $608,500; and (b) the value of the liquid assets of the care receiver, or the sum of the values of the liquid assets of the care receivers, is less than the liquid assets limit; and (c) the amount of the accepted estimated taxable income of the care receiver, or the sum of the amounts of the accepted estimated taxable incomes of the care receivers, for the current financial year is less than the threshold amount worked out under subsection (6).
Note 1: Note 2: The amount specified in paragraph (4)(a) is indexed each year on 1 January (see sections 1190 and 1191).

For calculating the value of assets and liquid assets, see paragraph (5)(a).

Note 3: For liquid assets see subsection 19B(1).

Note 4: For liquid assets limit see paragraph (5)(b).

Note 5: For accepted estimated taxable income see subsection 198B(5).
Definitions—assets and income (5) For the purposes of this section: 406 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198N (a) the value of the assets or liquid assets of a care receiver who is a higher ADAT score adult is the sum of the values of the assets or liquid assets (as the case requires) of the following people: (i) the care receiver; (ii) if the care receiver has a partner—the partner; (iii) if the care receiver or the care receiver’s partner has one or more FTB children—those FTB children; and (aa) the value of the liquid assets of a care receiver who is a sole care child, combined care child or multiple care child is the sum of the values of the liquid assets of the following people: (i) the care receiver; (ii) if the care receiver lives with his or her parent—the parent; (iii) if the parent with whom the care receiver lives is a member of a couple—the parent’s partner; (iv) if the parent with whom the care receiver lives or the parent’s partner has one or more FTB children—those FTB children.
However, if the care receiver is one of 2 or more care receivers each of whom is a combined care child or a multiple care child, liquid assets of the same person are not to be taken into account in respect of any of the other care receivers; and (ab) the value of the liquid assets of a care receiver who is a lower ADAT score adult is the sum of the values of the liquid assets of the following people: (i) the care receiver; (ii) if the care receiver is a member of a couple—the care receiver’s partner and any FTB child (except the child who is the other care receiver or the children who are the other care receivers) of the care receiver or the care receiver’s partner; (iii) if the care receiver is not a member of a couple—any FTB child (except the child who is the other care Social Security Act 1991 407 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198N receiver or the children who are the other care receivers).
However, liquid assets of the same person are not to be taken into account in respect of any of the other care receivers; and Note: The value of the liquid assets of the child who is the other care receiver or the children who are the other care receivers is not adjusted by adding any other person’s liquid assets.
(b) the liquid assets limit is $10,000 if the care receiver or any of the care receivers is a member of a couple, or $6,000 if not; and (c) the taxable income of a care receiver or of any of 2 or more care receivers for a particular financial year is the taxable income of the care receiver for that year as worked out under section 198B.

Note 1: For liquid assets see subsection 19B(1).


Note 2: Subsections 198D(1B), (1D) and (1DB) provide that if a sole care child, a combined care child or a multiple care child lives with a parent, the assets listed in subsection 198D(1A) and paragraphs 198D(1C)(b) and (1DA)(c) are taken to be assets of the child.

Note 3: For subparagraph (5)(aa)(ii), see also subsection 197F(5).
Working out the threshold amount (6) For the purposes of paragraphs (2)(c), (3)(b) and (4)(c), the threshold amount is the amount worked out using the following formula:  $639.60 MBR FPC    2    where: MBR is the maximum basic rate of age pension payable, as at the last 1 January, to a person who has a partner.
FPC is: (a) in the case of a care receiver who is a higher ADAT score adult—the number of FTB children of the care receiver or the care receiver’s partner (if the care receiver has a partner); or 408 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198P (b) in the case of a care receiver who is a sole care child who lives with his or her parent—the number of FTB children of the parent or the parent’s partner (if the parent has a partner); or (c) in the case of a care receiver who is a sole care child who does not live with his or her parent—0; or (d) in the case of care receivers who are 2 or more combined care children: (i) if any of the children lives with his or her parent—the sum of the number of FTB children of each such parent or of the partner (if the parent has a partner) of each such parent; or (ii) in any other case—0; or (e) in the case of care receivers who are a lower ADAT score adult and one or more multiple care children, or a lower ADAT score adult and a dependent child—the number of FTB children of the care receiver or the care receiver’s partner (if the care receiver has a partner).
Note 1: Note 2: For the maximum basic rate of age pension see point 1064-B1 of Pension Rate Calculator A in section 1064.

For paragraphs (b), (d) and (e) of the definition of FPC, see also subsection 197F(5).
198P Date of effect of favourable decision under section 198N Date of effect (1) If the Secretary decides under subsection 198N(2), (3) or (4) that subparagraph 197B(4)(d)(i), 197C(4)(d)(i), 197D(4)(d)(i), 197E(5)(d)(i) or 198(5)(d)(i) does not disqualify a person from carer payment, the day on which the decision takes effect is worked out under this section.
Basic rule (2) Subject to subsections (3), (4) and (5), the decision takes effect on the day on which the decision was made or on such later or earlier Social Security Act 1991 409 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198P day (not being a day more than 3 months before the decision was made) as is specified in the decision.
Notified decision—review sought within 3 months (3) If: (a) a decision (the previous decision) is made under subsection 198N(2), (3) or (4) about a care receiver or care receivers; and (b) notice of the making of the previous decision is given: (i) in the case of a care receiver who is a higher ADAT score adult—to the adult or the person caring for the adult; or (ii) in the case of a care receiver who is a sole care child— to his or her parent or carer; or (iii) in the case of care receivers who are 2 or more combined care children—to the carer of the children or to the parent of any of the children; or (iiia) in the case of care receivers who are a lower ADAT score adult and one or more multiple care children—to the lower ADAT score adult or the person caring for that adult; or (iv) in the case of care receivers who are a lower ADAT score adult and a dependent child—to the lower ADAT score adult or the person caring for that adult; and (c) within 3 months after the notice is given, a person applies to the Secretary under section 129 of the Administration Act for review of the previous decision; and (d) a decision favourable to the person caring for the care receiver or care receivers (the favourable decision) is made as a result of the application for review; the favourable decision takes effect on the day on which the previous decision took effect.
410 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 198P Notified decision—review sought after 3 months (4) If: (a) a decision (the previous decision) is made under subsection 198N(2), (3) or (4) about a care receiver or care receivers; and (b) notice of the making of the previous decision is given: (i) in the case of a care receiver who is a higher ADAT score adult—to the adult or the person caring for the adult; or (ii) in the case of a care receiver who is a sole care child— to his or her parent or carer; or (iii) in the case of care receivers who are 2 or more combined care children—to the carer of the children or to the parent of any of the children; or (iiia) in the case of care receivers who are a lower ADAT score adult and one or more multiple care children—to the lower ADAT score adult or the person caring for that adult; or (iv) in the case of care receivers who are a lower ADAT score adult and one or more multiple care children, or a lower ADAT score adult and a dependent child—to the lower ADAT score adult or the person caring for that adult; and (c) more than 3 months after the notice is given, a person applies to the Secretary under section 129 of the Administration Act for review of the previous decision; and (d) a decision favourable to the person caring for the care receiver or care receivers (the favourable decision) is made as a result of the application for review; Social Security Act 1991 411 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 198Q the favourable decision takes effect on the day on which the person sought the review.
Decision not notified (5) If: (a) a decision (the previous decision) is made under subsection 198N(2), (3) or (4) about a care receiver or care receivers; and (b) notice of the making of the previous decision is not given to a person specified in paragraph (4)(b) as a person to whom notice is to be given; and (c) a person applies to the Secretary under section 129 of the Administration Act for review of the previous decision; and (d) a decision favourable to the person caring for the care receiver or care receivers (the favourable decision) is made as a result of the application for review; the favourable decision takes effect on the day on which the previous decision took effect.
198Q Date of effect of adverse decision under section 198N If the Secretary decides under subsection 198N(2), (3) or (4) that subparagraph 197B(4)(d)(i), 197C(4)(d)(i), 197D(4)(d)(i), 197E(5)(d)(i) or 198(5)(d)(i) disqualifies a person from carer payment, the decision takes effect: (a) on the day on which the request under section 198N in respect of the care receiver or care receivers was lodged with the Department; or (b) if the request was lodged after the Secretary rejected a claim for carer payment by a person caring for the care receiver or care receivers—on the day on which the decision to reject the claim took effect.
412 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 199 Subdivision B—Payability 199 Carer payment not payable if payment rate nil (1) Subject to subsection (2), a carer payment is not payable to a person if the person’s carer payment rate would be nil.
(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because an election by the person under subsection 915A(1) (about quarterly energy supplement) or 1061VA(1) (about quarterly pension supplement) is in force.
201AA Newly arrived resident’s waiting period (1) A person is subject to a newly arrived resident’s waiting period if the person: (a) has entered Australia; and (b) has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.

Note: For Australian resident see subsection 7(2).

(2) Subsection (1) does not apply to a person who has a qualifying residence exemption for a carer payment.
Note: For qualifying residence exemption in relation to carer payment, see paragraph 7(6AA)(f).

(3) Subsection (1) does not apply to a person who is: (a) the holder of a subclass 104 visa—Preferential family; and (b) either a carer or a special need relative.

(4) Subsection (1) does not apply to a person who is: (a) the holder of a subclass 806 visa—Family; and (b) either a carer or a special need relative.
(5) Subsection (1) does not apply to a person if, at the time the person made the claim for a carer payment, the person holds a visa that is in a class of visas determined in an instrument under subsection (5B).
Social Security Act 1991 413 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 201AB (5A) Subsection (1) does not apply to a person if: (a) the person is a refugee, or a former refugee, at the time the person made the claim for a carer payment; or (b) the following apply: (i) before the person made the claim for a carer payment, the person was a family member of another person at the time the other person became a refugee; (ii) the person is a family member of that other person at the time the person made the claim for a carer payment or, if that other person has died, the person was a family member of that other person immediately before that other person died; or (c) the person is an Australian citizen at the time the person made the claim for a carer payment.
(5B) The Minister may, by legislative instrument, determine a class of visas for the purposes of subsection (5).

The class must not be a class covered by paragraph 7(6AA)(f).

(6) In this section: carer has the same meaning as in the Migration Regulations.

family member has the meaning given by subsection 7(6D).

former refugee has the meaning given by subsection 7(1).

refugee has the meaning given by subsection 7(6B).


special need relative has the same meaning as in the Migration Regulations as in force on 30 November 1998.
201AB Duration of newly arrived resident’s waiting period If a person is subject to a newly arrived resident’s waiting period, the period: (a) starts on the day the person first became an Australian resident; and 414 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 (b) ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.
Section 202 202 Multiple entitlement exclusion (1) A carer payment is not payable to a person if the person is already receiving a service pension or a veteran payment.

(2) If: (a) a person is receiving a carer payment; and (b) another social security pension, a social security benefit, a service pension or a veteran payment becomes payable to the person; the carer payment is not payable to the person.
Note 1: Note 2: Another payment type will generally not become payable to the person until the person claims it.

For social security pension and social security benefit see subsection 23(1).
(3) A carer payment is not payable to a person who: (a) is an armed services widow or an armed services widower; and (b) is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; and (c) is receiving income support supplement under Part IIIA of that Act or would be eligible for income support supplement under that Part if he or she made a claim under section 45I of that Act.
(4) Subsection (3) does not apply if: (a) the person: (i) was on 20 March 1995 receiving; and (ii) has from that day continuously received; and (iii) is receiving; the carer payment; and Social Security Act 1991 415 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 202A (b) the person elected under subsection 45E(2) of the Veterans’ Entitlements Act, or is taken under subsection 45E(3) of that Act to have elected, to continue to receive the carer payment.
(5) Subsection (3) does not apply if: (a) before 20 March 1995, the person had made a claim for carer payment; and (b) the person elected under subsection 45F(2) of the Veterans’ Entitlements Act, or is taken under subsection 45F(3) of that Act to have elected, to receive the pension in the event that it were granted to him or her; and (c) on or after 20 March 1995, the person was granted carer payment; and (d) the person has since that time continued to receive, and is receiving, the pension.
(7) A carer payment is not payable to a person who: (a) is an armed services widow or an armed services widower; and (b) is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA; and (c) is receiving income support supplement or would be eligible for income support supplement if he or she made a claim under section 45I of the VEA.
Note 1: For armed services widow and armed services widower see subsection 4(1).

Note 2: For MRCA and VEA see subsection 23(1).
202A Exclusion of certain participants in ABSTUDY Scheme (1) If: (a) a payment is made in respect of a person under the ABSTUDY Scheme; and 416 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Qualification for and payability of carer payment Division 1 Section 203 (b) the payment is made on the basis that the person is a full-time student; and (c) in the calculation of the payment, an amount identified as living allowance (the basic payment) is included; and (d) the payment relates to a period; carer payment is not payable to the person in respect of any part of the period.
(2) If: (a) a person is qualified for a payment under the ABSTUDY Scheme; and (b) the payment for which the person is qualified is a payment that: (i) is made on the basis that the person is a full-time student; and (ii) is calculated on the basis that an amount identified as living allowance (the basic payment) is included; and (iii) relates to a period; carer payment is not payable to the person in respect of any part of the period.
(3) If: (a) a person may enrol in a full-time course of education; and (b) a payment referred to in subsection (2) may be made in respect of the person; the Secretary may decide that, in spite of subsection (2), carer payment is payable to the person before the person starts the course.
203 Seasonal workers—preclusion period (1) This section applies if: (a) a person has lodged a claim for carer payment; and (b) at any time during the 6 months immediately before the day on which the person lodged the claim, the person, or the person’s partner, has been engaged in seasonal work.
Social Security Act 1991 417 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 1 Qualification for and payability of carer payment Section 203 Note: For seasonal work see subsection 16A(1).
(2) Carer payment is not payable to the person: (a) if the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act) and the Secretary has not made a determination under subsection (3) in relation to the person—for the person’s seasonal work preclusion period; or (b) if the Secretary has made a determination under subsection (3) in relation to the person—for that part (if any) of the person’s seasonal work preclusion period to which the person is subject as a result of the determination.
Note: For seasonal work preclusion period see subsection 16A(1).
(3) If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act): (a) the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and (b) the determination has effect accordingly.
Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) or subsection 19C(3) (person who is a member of a couple).

Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).
418 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Rate of carer payment Division 4 Section 210 Division 4—Rate of carer payment 210 How to work out a person’s carer payment rate A person’s carer payment rate is worked out using Pension Rate Calculator A at the end of section 1064 (see Part 3.2).
Social Security Act 1991 419 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 9 Bereavement payments Section 235 Division 9—Bereavement payments Subdivision A—Continuation of carer payment 235 Continuation of carer payment for bereavement period where person cared for dies (1) If: (a) a person is receiving carer payment because he or she ordinarily cares for a care receiver or care receivers; and (b) the person is caring for the care receiver or care receivers or has temporarily ceased to care for the care receiver or care receivers; and (c) the care receiver or any of the care receivers dies; and (d) the care receiver who dies is not the person’s partner; and (e) because of the death, the person would, apart from this subsection, cease to be qualified for the carer payment; the person remains qualified for the carer payment during the bereavement period as if the death had not occurred.
(1A) If: (a) a person (the carer) is receiving a carer payment only because section 198AA or subsection 198AC(2) applies; and (b) the death occurs of: (i) the person or any of the persons for whom the person would qualify for carer payment as mentioned in paragraph 198AA(1)(b); or (ia) the person or any of the persons for whom the carer would qualify for carer payment as mentioned in subsection 198AA(4) or (5); or (ii) the person or any of the persons for whom the care mentioned in paragraph 198AC(2)(c) is assumed to be provided; and (c) the person who dies is not the carer’s partner; the carer remains qualified for carer payment during the bereavement period as if the death had not occurred.
420 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Bereavement payments Division 9 Section 236 (3) A person to whom subsection (1) applies may, by written notice to the Secretary, choose not to receive payments under this Subdivision and to receive instead any payments to which the person would be otherwise entitled.
(4) If a person makes an election under subsection (3): (a) this Act, or Part III or IIIA of the Veterans’ Entitlements Act, has effect accordingly; and (b) the person may not withdraw the election after the Department has taken all the action required to give effect to the election.

236 Continued carer payment rate If a person is qualified for a carer payment solely because of section 235, the rate at which the pension is payable is to be determined having regard to the person’s actual circumstances.
236A Lump sum payable in some circumstances (1) A lump sum is payable to a person under this section if: (a) the person remains qualified for carer payment because subsection 235(1) or (1A) applies; and (b) immediately before the death of the person mentioned in that subsection, the person who died was not a member of a couple, or was a member of a couple and his or her partner: (i) was not receiving a social security pension; and (ii) was not receiving a social security benefit; and (iii) was not receiving a service pension, income support supplement or a veteran payment.
(1A) However, if subsection (1) would apply where 2 or more persons die at the same time, only one payment is payable under that subsection.

(2) The amount of the lump sum under this section is the lesser of the amount worked out under subsection (3) and the amount worked out under subsection (4).
Social Security Act 1991 421 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 9 Bereavement payments Section 236B (3) The amount under this subsection is:  Partnered MBR  Pension supplement 26 where:   7 partnered MBR is the maximum basic rate applicable, on the day that the person dies, to a person covered by item 2 of the Maximum Basic Rate Table in point 1064-B1 of Pension Rate Calculator A in section 1064. pension supplement is the person’s pension supplement worked out under Module BA of Pension Rate Calculator A.
(4) The amount under this subsection is: carer’s current instalment 7 where: carer’s current instalment is the amount of the last instalment of carer payment paid to the carer before the person died.
236B Subdivision not to apply in certain cases involving simultaneous death If: (a) either: (i) a lower ADAT score adult and one or more multiple care children die at the same time; or (ii) a lower ADAT score adult and a dependent child of the adult die at the same time; and (b) apart from this subsection and section 243, because of those deaths, a person would continue to qualify for carer payment under section 235 and would be qualified for payments under Subdivision B; and (c) the sum of the carer payments for which the person would continue to qualify under section 235 and any lump sum payable to the person under section 236A is less than the sum of the amounts payable to the person under Subdivision B; 422 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Bereavement payments Division 9 Section 237 the person does not continue to qualify for carer payment under section 235 and no lump sum is payable to the person under section 236A.
Subdivision B—Death of partner 237 Qualification for payments under this Subdivision (1) If: (a) a person is receiving a carer payment; and (b) the person is a member of a couple; and (c) the person’s partner dies; and (d) immediately before the partner died, the partner: (i) was receiving a social security pension; or (ii) was receiving a service pension, income support supplement or a veteran payment; or (iii) was a long-term social security recipient; and (e) on the person’s payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of: (i) the amount that would otherwise be payable to the person under section 238 (continued payment of partner’s pension or allowance); and (ii) the amount that would otherwise be payable to the person under section 240 (person’s continued rate); the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: Note 2: Section 238 provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person’s partner during that period if the partner had not died.

Section 239 provides for a lump sum that represents the instalments that would have been paid to the person’s partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.
Social Security Act 1991 423 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 9 Bereavement payments Section 237 Note 3: A person who is qualified for payments under this Subdivision for the death of the person’s partner may, in some circumstances, be automatically transferred to a parenting payment after the end of the bereavement period without making a claim for that payment (see subsection 501(4)).
(1A) If: (a) a person is receiving a carer payment; and (b) immediately before starting to receive the carer payment the person was receiving partner bereavement payments; and (c) the bereavement rate continuation period in relation to the death of the person’s partner has not ended; the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.
(1AB) Subsection (1) or (1A) does not apply in relation to care receivers who are a lower ADAT score adult and one or more multiple care children if: (a) the person is receiving carer payment under section 235 because of the death of the child or children; and (b) the person’s partner is the lower ADAT score adult.
(1B) Subsection (1) or (1A) does not apply if: (a) the person is receiving carer payment under section 235 because of the death of a care receiver who is a dependent child of a lower ADAT score adult; and (b) the person’s partner is the lower ADAT score adult.

(2) A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.
(3) An election under subsection (2): (a) must be made by written notice to the Secretary; and (b) may be made after the person has been paid an amount or amounts under this Subdivision; and (c) cannot be withdrawn after the Department has taken all the action required to give effect to that election.
424 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Bereavement payments Division 9 Section 238 (4) If a person is qualified for payments under this Subdivision in relation to the partner’s death, the rate at which carer payment is payable to the person during the bereavement period is, unless the person has made an election under subsection (2), governed by section 240.
(5) For the purposes of this section, a person is a long-term social security recipient if: (a) the person is receiving a social security benefit; and (b) in respect of the previous 12 months, the person: (i) was receiving a social security pension; or (ii) was receiving a social security benefit; or (iii) was receiving a youth training allowance; or (iv) was receiving a service pension, income support supplement or a veteran payment.
(6) A person is taken to satisfy the requirements of paragraph (5)(b) if: (a) the person was receiving one or a combination of the payments referred to in that paragraph for a continuous period of 12 months; or (b) the person was receiving one or a combination of the payments referred to in that paragraph for 46 weeks of the previous 52.
238 Continued payment of deceased partner’s previous entitlement (1) If a person is qualified for payments under this Subdivision in relation to the death of the person’s partner, there is payable to the person, on each of the partner’s paydays in the bereavement rate continuation period: (a) where the partner was receiving a social security pension or social security benefit—the amount that would have been payable to the partner on the payday if the partner had not died; or (b) where the partner was receiving a service pension, income support supplement or a veteran payment—the amount that would have been payable to the partner under Part III, IIIA or Social Security Act 1991 425 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 9 Bereavement payments Section 239 IIIAA (as the case may be) of the Veterans’ Entitlements Act on the service payday that: (i) where the first Thursday after the partner’s death was a service payday—precedes the pension payday; or (ii) in any other case—follows the pension payday; if the partner had not died.
Note: For bereavement rate continuation period see section 21.

(2) For the purposes of subsection (1), if the couple were, immediately before the partner’s death, an illness separated couple or a respite care couple, the amounts are to be worked out as if they were not such a couple.
239 Lump sum payable in some circumstances If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) the first available bereavement adjustment payday occurs before the end of the bereavement period; there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR This is how to work out the amount of the lump sum: Method statement Step 1.
Work out the amount that would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday if: (a) the person’s partner had not died; and 426 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Bereavement payments Division 9 Section 239 (b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.
Step 2.

Work out the amount that would have been payable to the person’s partner on the partner’s payday or service payday immediately before the first available bereavement adjustment payday if: (a) the partner had not died; and (b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 3.

Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4.
Step 4.

Work out the amount that, but for section 240, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday: the result is called the person’s individual rate.

Step 5.

Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 6.

Work out the number of the partner’s paydays in the bereavement lump sum period.

Step 7.
Step 7.

Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable to the person under this section.
Social Security Act 1991 427 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 9 Bereavement payments Section 240 240 Adjustment of person’s carer payment rate If: (a) a person is qualified for payments under this Subdivision; and (b) the person does not elect under subsection 237(2) not to receive payments under this Subdivision; the rate of the person’s carer payment during the bereavement period is worked out as follows: (c) during the bereavement rate continuation period, the rate of carer payment payable to the person is the rate at which the pension would have been payable to the person if: (i) the person’s partner had not died; and (ii) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple; (d) during the bereavement lump sum period (if any), the rate at which carer payment is payable to the person is the rate at which the carer payment would be payable to the person apart from this Subdivision.
241 Effect of death of person entitled to payments under this Subdivision If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) the person dies within the bereavement period; and (c) the Secretary does not become aware of the death of the person’s partner before the person dies; there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.
428 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Bereavement payments Division 9 Section 241 LUMP SUM CALCULATOR This is how to work out the amount of the lump sum: Method statement Step 1.
Work out the amount that would have been payable to the person on the person’s payday immediately after the day on which the person died if: (a) neither the person nor the person’s partner had died; and (b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 2.
Step 2.

Work out the amount that would have been payable to the partner on the partner’s payday or service payday immediately after the day on which the person died if: (a) neither the person nor the partner had died; and (b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 3.

Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4.
Step 4.

Work out the amount that, but for section 240, would have been payable to the person on the person’s payday immediately after the day on which the person died if the person had not died: the result is called the person’s individual rate.

Social Security Act 1991 429 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 9 Bereavement payments Section 242 Step 5.
Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 6.

Work out the number of partner’s paydays in the period that commences on the day on which the person dies and ends on the day on which the bereavement period ends.

Step 7.

Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section.
242 Benefits under this Subdivision (1) If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) after the person’s partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act; and (c) the Secretary is not satisfied that the person has not had the benefit of that amount; the following provisions have effect: (d) the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person’s partner, except to the extent (if any) that the amount exceeds the amount payable to the person under this Subdivision; (e) the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b).
(2) If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and 430 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer payment Part 2.5 Bereavement payments Division 9 Section 243 (b) an amount to which the person’s partner would have been entitled if the person’s partner had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act 1986, within the bereavement period, into an account with a bank; and (c) the bank pays to the person, out of that account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b); the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person’s partner or anyone else in respect of the payment of that money to the person.
243 Subdivision not to apply in certain cases involving simultaneous death If: (a) either: (i) a lower ADAT score adult and one or more multiple care children die at the same time; or (ii) a lower ADAT score adult and a dependent child of the adult die at the same time; and (b) apart from this subsection and section 236B, because of those deaths a person would be qualified for payments under this Subdivision and would continue to qualify for carer payment under section 235; and (c) the sum of the amounts payable to the person under this Subdivision is less than or equal to the sum of the carer payments for which the person would continue to qualify under section 235 and any lump sum payable to the person under section 236A; no amounts are payable to the person under this Subdivision.
Social Security Act 1991 431 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5 Carer payment Division 9 Bereavement payments Section 246 Subdivision D—Death of recipient 246 Death of recipient (1) If: (a) a person is receiving carer payment; and (b) either: (i) the person is not a member of a couple; or (ii) the person is a member of a couple and the person’s partner: (A) is not receiving a social security pension; and (C) is not receiving a service pension, income support supplement or a veteran payment; and (c) the person dies; there is payable, to such person as the Secretary thinks appropriate, an amount equal to the amount that would have been payable to the person under this Act on the person’s payday after the person’s death if the person had not died.
(2) If an amount is paid under subsection (1) in respect of a person, the Commonwealth is not liable to any action, claim or demand for any further payment under that subsection in respect of the person.

Note: For death of a person qualified for bereavement payments under Subdivision B see section 241.
432 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 One-off payments to carers eligible for carer payment Part 2.5A One-off payment to carers eligible for carer payment Division 1 Section 247 Part 2.5A—One-off payments to carers eligible for carer payment Division 1—One-off payment to carers eligible for carer payment 247 One-off payment to carers (carer payment related) A person (the qualified person) is qualified for a one-off payment to carers (carer payment related) if the person has been paid an instalment of carer payment in respect of a period that includes 11 May 2004.
Note: The person may also be qualified for a one-off payment to carers (carer allowance related) under Division 1 of Part 2.19A.

248 What is the amount of the payment?

The amount of the one-off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
Social Security Act 1991 433 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5A One-off payments to carers eligible for carer payment Division 2 2005 one-off payment to carers eligible for carer payment Section 249 Division 2—2005 one-off payment to carers eligible for carer payment 249 2005 one-off payment to carers (carer payment related) A person (the qualified person) is qualified for a 2005 one-off payment to carers (carer payment related) if the person has been paid an instalment of carer payment in respect of a period that includes 10 May 2005.
Note: The person may also be qualified for a 2005 one-off payment to carers (carer allowance related) under Division 2 of Part 2.19A.

250 What is the amount of the payment?

The amount of the one-off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
434 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 One-off payments to carers eligible for carer payment Part 2.5A 2005 one-off payment to carers eligible for carer service pension Division 3 Section 251 Division 3—2005 one-off payment to carers eligible for carer service pension 251 2005 one-off payment to carers (carer service pension related) A person (the qualified person) is qualified for a 2005 one-off payment to carers (carer service pension related) if the person has been paid an instalment of carer service pension as a result of the operation of subclause 8(2) or (4) of Schedule 5 to the Veterans’ Entitlements Act 1986 in respect of a period that includes 10 May 2005.
252 What is the amount of the payment?

The amount of the one-off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
Social Security Act 1991 435 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5A One-off payments to carers eligible for carer payment Division 4 2006 one-off payment to carers eligible for carer payment Section 253 Division 4—2006 one-off payment to carers eligible for carer payment 253 2006 one-off payment to carers (carer payment related) A person (the qualified person) is qualified for a 2006 one-off payment to carers (carer payment related) if: (a) the person has been paid an instalment of carer payment in respect of a period that includes 9 May 2006; and (b) the person was paid that instalment because of a claim the person made on or before 9 May 2006.
254 Amount of the one-off payment The amount of the one-off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
436 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 One-off payments to carers eligible for carer payment Part 2.5A 2006 one-off payment to carers eligible for wife pension Division 5 Section 255 Division 5—2006 one-off payment to carers eligible for wife pension 255 2006 one-off payment to carers (wife pension related) A person (the qualified person) is qualified for a 2006 one-off payment to carers (wife pension related) if: (a) the person: (i) has been paid an instalment of wife pension in respect of a period that includes 9 May 2006; and (ii) was paid that instalment because of a claim the person made on or before 9 May 2006; and (b) the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person: (i) the instalment was in respect of a period that includes 9 May 2006; (ii) the reason why that instalment covered 9 May 2006 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act; (iii) the person was paid that instalment because of a claim the person made on or before 9 May 2006.
256 Amount of the one-off payment The amount of the one-off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
Social Security Act 1991 437 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5A One-off payments to carers eligible for carer payment Division 6 2006 one-off payment to carers eligible for partner service pension Section 257 Division 6—2006 one-off payment to carers eligible for partner service pension 257 2006 one-off payment to carers (partner service pension related) A person (the qualified person) is qualified for a 2006 one-off payment to carers (partner service pension related) if: (a) the person: (i) has been paid an instalment of partner service pension under Part III of the Veterans’ Entitlements Act in respect of a period that includes 9 May 2006; and (ii) was paid that instalment because of a claim the person made on or before 9 May 2006; and (b) the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person: (i) the instalment was in respect of a period that includes 9 May 2006; (ii) the reason why that instalment covered 9 May 2006 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act; (iii) the person was paid that instalment because of a claim the person made on or before 9 May 2006.
258 Amount of the one-off payment The amount of the one-off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
438 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 One-off payments to carers eligible for carer payment Part 2.5A 2006 one-off payment to carers eligible for carer service pension Division 7 Section 259 Division 7—2006 one-off payment to carers eligible for carer service pension 259 2006 one-off payment to carers (carer service pension related) A person (the qualified person) is qualified for a 2006 one-off payment to carers (carer service pension related) if: (a) the person has been paid an instalment of carer service pension as a result of the operation of subclause 8(2) or (4) of Schedule 5 to the Veterans’ Entitlements Act in respect of a period that includes 9 May 2006; and (b) the person was paid that instalment because of a claim the person made on or before 9 May 2006.
260 Amount of the one-off payment The amount of the one-off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
Social Security Act 1991 439 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5A One-off payments to carers eligible for carer payment Division 8 2007 one-off payment to carers eligible for carer payment Section 261 Division 8—2007 one-off payment to carers eligible for carer payment 261 2007 one-off payment to carers (carer payment related) A person (the qualified person) is qualified for a 2007 one-off payment to carers (carer payment related) if: (a) the person has been paid an instalment of carer payment in respect of a period that includes 8 May 2007; and (b) the person was paid that instalment because of a claim the person made on or before 8 May 2007.
262 Amount of the one-off payment The amount of the one-off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
440 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 One-off payments to carers eligible for carer payment Part 2.5A 2007 one-off payment to carers eligible for wife pension Division 9 Section 263 Division 9—2007 one-off payment to carers eligible for wife pension 263 2007 one-off payment to carers (wife pension related) A person (the qualified person) is qualified for a 2007 one-off payment to carers (wife pension related) if: (a) the person: (i) has been paid an instalment of wife pension in respect of a period that includes 8 May 2007; and (ii) was paid that instalment because of a claim the person made on or before 8 May 2007; and (b) the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person: (i) the instalment was in respect of a period that includes 8 May 2007; (ii) the reason why that instalment covered 8 May 2007 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act; (iii) the person was paid that instalment because of a claim the person made on or before 8 May 2007.
264 Amount of the one-off payment The amount of the one-off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
Social Security Act 1991 441 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5A One-off payments to carers eligible for carer payment Division 10 2007 one-off payment to carers eligible for partner service pension Section 265 Division 10—2007 one-off payment to carers eligible for partner service pension 265 2007 one-off payment to carers (partner service pension related) A person (the qualified person) is qualified for a 2007 one-off payment to carers (partner service pension related) if: (a) the person: (i) has been paid an instalment of partner service pension under Part III of the Veterans’ Entitlements Act in respect of a period that includes 8 May 2007; and (ii) was paid that instalment because of a claim the person made on or before 8 May 2007; and (b) the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person: (i) the instalment was in respect of a period that includes 8 May 2007; (ii) the reason why that instalment covered 8 May 2007 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act; (iii) the person was paid that instalment because of a claim the person made on or before 8 May 2007.
266 Amount of the one-off payment The amount of the one-off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
442 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 One-off payments to carers eligible for carer payment Part 2.5A 2007 one-off payment to carers eligible for carer service pension Division 11 Section 267 Division 11—2007 one-off payment to carers eligible for carer service pension 267 2007 one-off payment to carers (carer service pension related) A person (the qualified person) is qualified for a 2007 one-off payment to carers (carer service pension related) if: (a) the person has been paid an instalment of carer service pension as a result of the operation of subclause 8(2) or (4) of Schedule 5 to the Veterans’ Entitlements Act in respect of a period that includes 8 May 2007; and (b) the person was paid that instalment because of a claim the person made on or before 8 May 2007.
268 Amount of the one-off payment The amount of the one-off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
Social Security Act 1991 443 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5A One-off payments to carers eligible for carer payment Division 12 2008 one-off payment to carers eligible for carer payment Section 269 Division 12—2008 one-off payment to carers eligible for carer payment 269 2008 one-off payment to carers (carer payment related) A person (the qualified person) is qualified for a 2008 one-off payment to carers (carer payment related) if: (a) the person has been paid an instalment of carer payment in respect of a period that includes 13 May 2008; and (b) the person was paid that instalment because of a claim the person made on or before 13 May 2008.
270 Amount of the one-off payment The amount of the one-off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
444 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 One-off payments to carers eligible for carer payment Part 2.5A 2008 one-off payment to carers eligible for wife pension Division 13 Section 271 Division 13—2008 one-off payment to carers eligible for wife pension 271 2008 one-off payment to carers (wife pension related) A person (the qualified person) is qualified for a 2008 one-off payment to carers (wife pension related) if: (a) the person: (i) has been paid an instalment of wife pension in respect of a period that includes 13 May 2008; and (ii) was paid that instalment because of a claim the person made on or before 13 May 2008; and (b) the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person: (i) the instalment was in respect of a period that includes 13 May 2008; (ii) the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act; (iii) the person was paid that instalment because of a claim the person made on or before 13 May 2008.
272 Amount of the one-off payment The amount of the one-off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
Social Security Act 1991 445 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.5A One-off payments to carers eligible for carer payment Division 14 2008 one-off payment to carers eligible for partner service pension Section 273 Division 14—2008 one-off payment to carers eligible for partner service pension 273 2008 one-off payment to carers (partner service pension related) A person (the qualified person) is qualified for a 2008 one-off payment to carers (partner service pension related) if: (a) the person: (i) has been paid an instalment of partner service pension under Part III of the Veterans’ Entitlements Act in respect of a period that includes 13 May 2008; and (ii) was paid that instalment because of a claim the person made on or before 13 May 2008; and (b) the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person: (i) the instalment was in respect of a period that includes 13 May 2008; (ii) the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act; (iii) the person was paid that instalment because of a claim the person made on or before 13 May 2008.
274 Amount of the one-off payment The amount of the one-off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
446 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 One-off payments to carers eligible for carer payment Part 2.5A 2008 one-off payment to carers eligible for carer service pension Division 15 Section 275 Division 15—2008 one-off payment to carers eligible for carer service pension 275 2008 one-off payment to carers (carer service pension related) A person (the qualified person) is qualified for a 2008 one-off payment to carers (carer service pension related) if: (a) the person has been paid an instalment of carer service pension as a result of the operation of subclause 8(2) or (4) of Schedule 5 to the Veterans’ Entitlements Act in respect of a period that includes 13 May 2008; and (b) the person was paid that instalment because of a claim the person made on or before 13 May 2008.
276 Amount of the one-off payment The amount of the one-off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.
Social Security Act 1991 447 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.6 One-off energy assistance payment Section 300 Part 2.6—One-off energy assistance payment 300 One-off energy assistance payment (1) A person is qualified for a one-off energy assistance payment if: (a) age pension, disability support pension or pension PP (single) is payable to the person on 20 June 2017; and (b) that pension is so payable because of a claim the person made on or before 20 June 2017; and (c) the person is residing in Australia on 20 June 2017.
More than one entitlement under this section (2) A person may receive one payment only under this section, regardless of how many times the person qualifies under this section.

More than one entitlement under this section and the Veterans’ Entitlements Act (3) If a payment under Part IIIF of the Veterans’ Entitlements Act is paid to a person, no payment under this section can be paid to the person.
301 Amount of one-off energy assistance payment The amount of a person’s one-off energy assistance payment under section 300 is worked out using the following table, having regard to the person’s situation on 20 June 2017: Energy assistance payment Item Person’s situation on 20 June 2017 Amount of one-off energy assistance payment 1 2 Not a member of a couple Partnered $75 $62.50 448 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 One-off energy assistance payment Part 2.6 Section 301 Energy assistance payment Item Person’s situation on 20 June 2017 Amount of one-off energy assistance payment 3 4 5 Member of an illness separated couple Member of a respite care couple Partnered (partner in gaol) $75 $75 $75 Note: For member of a couple, partnered, illness separated couple, respite care couple and partnered (partner in gaol) see section 4.
Social Security Act 1991 449 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.6A 2019 one-off energy assistance payment Section 302 Part 2.6A—2019 one-off energy assistance payment 302 One-off energy assistance payment (1) A person is qualified for a one-off energy assistance payment if: (a) a benefit mentioned in subsection (2) is payable to the person on 2 April 2019; and (b) that benefit is so payable because of a claim the person made on or before 2 April 2019; and (c) the person is residing in Australia on 2 April 2019.
(2) For the purposes of paragraph (1)(a), the benefits are the following: (a) age pension; (b) disability support pension; (c) wife pension; (d) carer payment; (e) widow B pension; (f) widow allowance; (g) parenting payment; (h) youth allowance; (i) AUSTUDY payment; (j) newstart allowance; (k) sickness allowance; (l) special benefit; (m) partner allowance; (n) double orphan pension; (o) farm household allowance under the Farm Household Support Act 2014.
More than one entitlement under this section (3) A person may receive one payment only under this section, regardless of how many times the person qualifies under this section.
450 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 2019 one-off energy assistance payment Part 2.6A Section 303 More than one entitlement under this section and the Veterans’ Entitlements Act (4) If a payment under Part IIIG of the Veterans’ Entitlements Act is paid to a person, no payment under this section can be paid to the person.
303 Amount of one-off energy assistance payment The amount of a person’s one-off energy assistance payment under section 302 is worked out using the following table, having regard to the person’s situation on 2 April 2019.
Energy assistance payment Item Person’s situation on 2 April 2019 Amount of one-off energy assistance payment Not a member of a couple Partnered Member of an illness separated couple Member of a respite care couple Partnered (partner in gaol) $75 $62.50 $75 $75 $75 Note: For member of a couple, partnered, illness separated couple, respite care couple and partnered (partner in gaol), see section 4.
Social Security Act 1991 451 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.6B 2020 economic support payments Division 1 First 2020 economic support payment Section 304 Part 2.6B—2020 economic support payments Division 1—First 2020 economic support payment 304 First 2020 economic support payment Qualification for payment (1) A person is qualified for a first 2020 economic support payment if subsection 308(2), (3) or (4) applies to the person on a day in the period: (a) starting on 12 March 2020; and (b) ending on 13 April 2020.
More than one entitlement (2) A person may receive one payment only under this Division, regardless of how many times the person qualifies under this section.
(3) If: (a) a first 2020 economic support payment under the ABSTUDY Scheme; or (b) a first 2020 economic support payment under Division 1 of Part 9 of the Family Assistance Act; or (c) a first 2020 economic support payment under Division 1 of Part IIIH of the Veterans’ Entitlements Act; is paid to a person, no payment under this section can be paid to the person.

305 Amount of first 2020 economic support payment The amount of a person’s first 2020 economic support payment under this Division is $750.
452 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 2020 economic support payments Part 2.6B Second 2020 economic support payment Division 2 Section 306 Division 2—Second 2020 economic support payment 306 Second 2020 economic support payment Qualification for payment (1) A person is qualified for a second 2020 economic support payment if: (a) subsection 308(2), (3) or (4) applies to the person on 10 July 2020; and (b) the person does not receive COVID-19 supplement in respect of 10 July 2020.
More than one entitlement (2) A person may receive one payment only under this Division, regardless of how many times the person qualifies under this section.
(3) If: (a) a second 2020 economic support payment under the ABSTUDY Scheme; or (b) a second 2020 economic support payment under Division 2 of Part 9 of the Family Assistance Act; or (c) a second 2020 economic support payment under Division 2 of Part IIIH of the Veterans’ Entitlements Act; is paid to a person, no payment under this Division can be paid to the person.

307 Amount of second 2020 economic support payment The amount of a person’s second 2020 economic support payment under this Division is $750.
Social Security Act 1991 453 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.6B 2020 economic support payments Division 3 Eligibility Section 308 Division 3—Eligibility 308 Eligibility (1) This section applies for the purposes of subsection 304(1) and paragraph 306(1)(a).
Receipt of certain benefits (2) Subject to subsection (5) of this section, this subsection applies to a person on a day if the person receives one of the following benefits in respect of that day: (a) age pension; (b) disability support pension; (c) wife pension; (d) carer payment; (e) bereavement allowance; (f) widow B pension; (g) widow allowance; (h) parenting payment; (i) youth allowance; (j) austudy payment; (k) newstart allowance; (l) jobseeker payment; (m) sickness allowance; (n) special benefit; (o) partner allowance; (p) carer allowance; (q) double orphan pension.
Note: References to youth allowance, newstart allowance and jobseeker payment include references to farm household allowance: see section 93 of the Farm Household Support Act 2014.
454 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 2020 economic support payments Part 2.6B Eligibility Division 3 Section 308 Qualified for seniors health card (3) Subject to subsection (5) of this section, this subsection applies to a person on a day if: (a) the person makes a claim for a seniors health card under Division 1 of Part 3 of the Administration Act on or before that day; and (b) the person does not withdraw that claim on or before that day; and (c) the person is qualified for the card on that day.
Qualified for pensioner concession card (4) Subject to subsection (5) of this section, this subsection applies to a person on a day if the person is qualified for a pensioner concession card on that day.

Residence requirement (5) Subsection (2), (3) or (4) does not apply to a person on a day if the person does not reside in Australia on that day.
Social Security Act 1991 455 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.6C Additional economic support payments Division 1 Additional economic support payment 2020 Section 309 Part 2.6C—Additional economic support payments Division 1—Additional economic support payment 2020 309 Additional economic support payment 2020 Qualification for payment (1) A person is qualified for an additional economic support payment 2020 if: (a) subsection 313(2), (3) or (4) applies to the person on 27 November 2020; and (b) the person is residing in Australia on 27 November 2020.
More than one entitlement (2) A person may receive one payment only under this Division, regardless of how many times the person qualifies under this section.

(3) If: (a) an additional economic support payment 2020 under Division 1 of Part 10 of the Family Assistance Act; or (b) an additional economic support payment 2020 under Division 1 of Part IIIJ of the Veterans’ Entitlements Act; is paid to a person, no payment under this Division can be paid to the person.
310 Amount of additional economic support payment 2020 The amount of a person’s additional economic support payment 2020 under this Division is $250.
456 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Additional economic support payments Part 2.6C Additional economic support payment 2021 Division 2 Section 311 Division 2—Additional economic support payment 2021 311 Additional economic support payment 2021 Qualification for payment (1) A person is qualified for an additional economic support payment 2021 if: (a) subsection 313(2), (3) or (4) applies to the person on 26 February 2021; and (b) the person is residing in Australia on 26 February 2021.
More than one entitlement (2) A person may receive one payment only under this Division, regardless of how many times the person qualifies under this section.

(3) If: (a) an additional economic support payment 2021 under Division 2 of Part 10 of the Family Assistance Act; or (b) an additional economic support payment 2021 under Division 2 of Part IIIJ of the Veterans’ Entitlements Act; is paid to a person, no payment under this Division can be paid to the person.
312 Amount of additional economic support payment 2021 The amount of a person’s additional economic support payment 2021 under this Division is $250.

Social Security Act 1991 457 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.6C Additional economic support payments Division 3 Eligibility Section 313 Division 3—Eligibility 313 Eligibility (1) This section applies for the purposes of paragraphs 309(1)(a) and 311(1)(a).
Social security payments (2) This subsection applies to a person on a day if: (a) the following apply: (i) the person receives age pension, disability support pension or carer payment in respect of that day; (ii) the person does not receive a payment under a prescribed educational scheme in respect of that day; or (b) the following apply: (i) the person receives carer allowance in respect of that day; (ii) the person does not receive an income support payment in respect of that day; (iii) the person does not receive a payment under a prescribed educational scheme in respect of that day; or (c) the following apply: (i) person receives double orphan pension in respect of that day; (ii) the person does not receive an income support payment in respect of that day; (iii) the person does not receive a payment under a prescribed educational scheme in respect of that day.
Seniors health card (3) This subsection applies to a person on a day if: (a) the following apply: (i) the person is the holder of a seniors health card on that day; 458 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Additional economic support payments Part 2.6C Eligibility Division 3 Section 313 (ii) the person does not receive a payment under a prescribed educational scheme in respect of that day; or (b) the following apply: (i) the person makes a claim for a seniors health card under Division 1 of Part 3 of the Administration Act on or before that day; (ii) the claim is pending on that day; (iii) the person is qualified for the card on that day; (iv) the person does not receive a payment under a prescribed educational scheme in respect of that day.
Pensioner concession card (4) This subsection applies to a person on a day if: (a) the person is qualified for a pensioner concession card on that day; and (b) the person does not receive an income support payment in respect of that day; and (c) the person does not receive a payment under a prescribed educational scheme in respect of that day.
Social Security Act 1991 459 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.8A Widow allowance Division 1 Time limit on grants of widow allowance Section 408AA Part 2.8A—Widow allowance Division 1—Time limit on grants of widow allowance 408AA Time limit on grants (1) A woman is not to be granted widow allowance on or after 1 July 2005 unless she was born on or before 1 July 1955.
(2) Despite anything else in this Part, widow allowance must not be granted to a woman unless: (a) the woman’s claim for the allowance is made before the commencement of this subsection; and (b) the woman is qualified for the allowance before the commencement of this subsection.

Note: A woman’s claim for widow allowance may be taken to have been made before the commencement of this subsection in accordance with section 12 or 15 of the Administration Act.
(3) This section does not apply in relation to a determination by the Secretary under section 85 of the Administration Act.
460 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Widow allowance Part 2.8A Qualification for and payability of widow allowance Division 2 Section 408BA Division 2—Qualification for and payability of widow allowance Subdivision A—Qualification 408BA Qualification for widow allowance (2) Subject to section 408BB, a woman is qualified for widow allowance in respect of a period if: (a) she has turned 50; and (b) she was a member of a couple and since turning 40: (i) her partner died; or (ii) she separated from her partner; or (iii) she divorced from her husband; and (c) she satisfies the Secretary that she has no recent workforce experience on the day when she makes her claim for the allowance; and (d) at least one of the following is satisfied: (ib) the woman has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks before the day she lodged the claim for the allowance; or (ii) she has 10 years qualifying Australian residence; or (iii) she has a qualifying residence exemption for widow allowance; or (iv) both the woman and her partner were Australian residents at the time when the qualifying event under paragraph (b) occurred; and (e) throughout the period, she: (i) is not a member of a couple; and (ii) is an Australian resident.
Note 1: For recent workforce experience see subsection (3).

Note 2: For Australian resident and qualifying residence exemption see section 7.

Note 4: For member of a couple see section 4.
Social Security Act 1991 461 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.8A Widow allowance Division 2 Qualification for and payability of widow allowance Section 408BB (3) For the purposes of subsection (2), recent workforce experience is employment of 20 hours or more a week for a total of 13 weeks or more at any time during the 12 months immediately before the day the woman lodged the claim for the allowance.
408BB Assurance of support A woman is not qualified for widow allowance in respect of a period if the Secretary is satisfied that: (a) an assurance of support is in force in respect of the woman for that period; and (b) throughout the period the person who gave the assurance of support is likely to be willing and able to provide an adequate level of support to the woman; and (c) throughout the period it would be reasonable for the woman to accept that support.
Note: For assurance of support see subsection 23(1).

Subdivision B—Payability 408CA Widow allowance not payable if allowance rate nil (1) Subject to subsection (2), a widow allowance is not payable to a person if the person’s widow allowance rate would be nil.
(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because: (a) an election by the person under subsection 915A(1) (about quarterly energy supplement) or 1061VA(1) (about quarterly pension supplement) is in force; or (b) the person has been paid an advance pharmaceutical allowance under the social security law.
462 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Widow allowance Part 2.8A Qualification for and payability of widow allowance Division 2 Section 408CE 408CE Assets test—allowance not payable if assets value limit exceeded (1) Widow allowance is not payable to a woman if the value of her assets exceeds her assets value limit.
(2) A woman’s assets value limit is worked out using the following Table: Assets value limit table Column 1 Column 2 Column 3 Item Woman’s situation Assets value limit 1 2 Woman is a homeowner Woman is not a homeowner $250,000 $450,000 Note 1: For homeowner see section 11.

Note 2: Note 3: Note 4: The assets value limit in column 3 of item 1 is indexed annually in line with CPI increases (see sections 1190 to 1194).

The assets value limit in column 3 of item 2 is adjusted annually (see subsection 1204(1)).
If widow allowance is not payable to a woman because of the value of the her assets, she may be able to take advantage of provisions dealing with financial hardship (see sections 1131 and 1132).

408CF Multiple entitlement exclusion (1) Widow allowance is not payable to a woman if she is already receiving a service pension, income support supplement or a veteran payment.
(2) If: (a) a woman is receiving widow allowance; and (b) a social security pension, another social security benefit, a service pension, income support supplement or a veteran payment becomes payable to her; widow allowance is not payable to her.

Note: Another payment type will generally not become payable to the woman until the woman claims it.
Social Security Act 1991 463 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.8A Widow allowance Division 2 Qualification for and payability of widow allowance Section 408CF (3) Widow allowance is not payable to a woman if: (a) she is an armed services widow; and (b) she is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; unless: (c) she has been receiving a payment referred to in paragraph (b) continuously since before 1 November 1986; and (d) before 1 November 1986 she was also receiving a social security benefit.
Note 1: For armed services widow see subsection 4(1).

Note 2: A widow receiving a payment under the Veterans’ Entitlements Act who is not covered by paragraph (b) may be paid at a lower rate—see subsection 1068(3).
(4) Subject to subsections (5) and (6), widow allowance is not payable to a woman for a period if a payment has been or may be made in respect of the woman for that period under: (a) a prescribed educational scheme other than the ABSTUDY Scheme to the extent that it applies to part-time students; or (b) the scheme to provide an allowance known as the Maintenance Allowance for Refugees.

Note: For prescribed educational scheme see section 5.
(5) If: (a) a woman enrols in a full-time course of education; and (b) a payment under a scheme referred to in subsection (4) may be made in respect of her; the Secretary may decide that, in spite of subsection (4), widow allowance is payable to her for a period before she starts the course.
(6) If: (a) a woman enrols in a full-time course of education; and (b) the course is to last for 6 months or more; and (c) an application is made for a payment in respect of her under: 464 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Widow allowance Part 2.8A Qualification for and payability of widow allowance Division 2 Section 408CG (ii) the ABSTUDY Schools Scheme; or (iii) the ABSTUDY Tertiary Scheme; and (d) she was receiving widow allowance immediately before the start of the course; the Secretary may decide that, in spite of subsection (4), widow allowance is payable to her until: (e) the application is determined; or (f) the end of 3 weeks commencing on the day on which the course starts; whichever happens first.
408CG Maximum basic rate and remote area allowance not payable to CDEP Scheme participant The maximum basic rate, and the remote area allowance, of widow allowance for a period are not payable to a woman who is a CDEP Scheme participant in respect of the whole or a part of the period.

Note 1: For remote area allowance see Module J of Benefit Rate Calculator B.

Note 2: For CDEP Scheme participant see subsection 23(1).
408CH Seasonal workers (1) This section applies if, at any time during the 6 months immediately before the day on which a woman lodges a claim for widow allowance, she has been engaged in seasonal work.

Note: For seasonal work see subsection 16A(1).
(2) Widow allowance is not payable to the woman: (a) if she is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act) and the Secretary has not made a determination under subsection (3) in relation to her—for her seasonal work preclusion period; or (b) if the Secretary has made a determination under subsection (3) in relation to her—for that part (if any) of her Social Security Act 1991 465 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.8A Widow allowance Division 2 Qualification for and payability of widow allowance Section 408CH seasonal work preclusion period to which she is subject as a result of the determination.
Note: For seasonal work preclusion period see subsection 16A(1).
(3) If the Secretary is satisfied that a woman is in severe financial hardship because she has incurred unavoidable or reasonable expenditure while she is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act): (a) the Secretary may determine that she is not subject to the whole, or any part, of the preclusion period; and (b) the determination has effect accordingly.
Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple).

Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).
466 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Widow allowance Part 2.8A Rate of widow allowance Division 5 Section 408FA Division 5—Rate of widow allowance 408FA How to work out a woman’s widow allowance rate A woman’s widow allowance rate is worked out using the Benefit Rate Calculator B at the end of section 1068.
408GI CDEP Scheme participant may accumulate widow allowance (1) A person who is a CDEP Scheme participant in respect of the whole or a part of a quarter may, by written notice given to the Secretary, choose to accumulate the amounts of any widow allowance that become payable to the person in respect of that quarter, or any later quarter in respect of the whole or a part of which the person is a CDEP Scheme participant, and have not already been paid.
(2) If a person to whom subsection (1) applies makes a choice under that subsection, the sum of the accumulated amounts payable to the person in respect of a quarter is to be paid on, or as soon as practicable after, the first payday after: (a) unless paragraph (b) applies, the last day of the quarter; or (b) if the person ceases to be a CDEP Scheme participant before the end of the quarter—the day on which the person so ceases.

(3) In this section: quarter means a CDEP Scheme quarter.
Note 1: For CDEP Scheme participant see section 1188B.

Note 2: For CDEP Scheme quarter see subsection 23(1).
Social Security Act 1991 467 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 1 Qualification for and payability of parenting payment Section 500 Part 2.10—Parenting payment Division 1—Qualification for and payability of parenting payment Subdivision A—Qualification 500 Qualification for parenting payment (1) A person is qualified for parenting payment if: (a) the person has at least one PP child (see section 500D); and (b) the person is an Australian resident; and (c) in a case where the person is not a member of a couple and does not have at least one PP child who has not turned 6 the person meets any participation requirements that apply to the person under section 500A; and (ca) in a case where the person is in a class of persons specified the person by legislative instrument under subsection (2) meets any participation requirements that apply to the person under section 500A; and (c) in a case where the person is not a member of a couple and does not have at least one PP child who has not turned 6—the person satisfies subsection (2A); and (ca) in a case where the person is in a class of persons specified by legislative instrument under subsection (2)—the person satisfies subsection (2B); and (d) at least one of the following conditions is satisfied: (i) the person is not a member of a couple and the person was not a lone parent at the start of the person’s current period as an Australian
 resident; (ii) the person has, at any time, been in Australia for a period of, or periods adding up to, at least 104 weeks during a continuous period throughout which the person was an Australian resident; (iii) the person has a qualifying residence exemption for parenting payment; 468 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Parenting payment Part 2.10 Qualification for and payability of parenting payment Division 1 Section 500 (iv) the person satisfies subsection (3).
Note 1: Note 2: For Australian resident, see section 7.

For qualifying residence exemption in relation to parenting payment, see subsection 7(6) and paragraph 7(6AA)(f).

If a person is claiming parenting payment under a scheduled international social security agreement, the requirements of this subsection could be modified by section 10 of the Social Security (International Agreements) Act 1999.

Note 3: For lone parent and current period as an Australian resident see subsection 23(1).
(2) For the purposes of paragraph (1)(ca), the Minister may, by legislative instrument, specify a class of persons.
(2A) A person satisfies this subsection if: (a) the following apply: (i) the person satisfies the employment pathway plan requirements; (ii) the person satisfies the Employment Secretary that the person is willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person; or (b) the following apply: (i) the person is, under Subdivision C of Division 2A of Part 3 of the Administration Act, not required to satisfy the employment pathway plan requirements; (ii) the person satisfies the Employment Secretary that the person would otherwise be willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person.
Note 1: Note 2: For satisfies the employment pathway plan requirements, see subsection 23(1).

See Division 2B of Part 3 of the Administration Act for the circumstances in which paid work is unsuitable to be done by a person.
(2B) A person satisfies this subsection if: Social Security Act 1991 469 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 1 Qualification for and payability of parenting payment Section 500 (a) the following apply: (i) the person satisfies the employment pathway plan requirements; (ii) if required by the Employment Secretary, the person satisfies the Employment Secretary that the person is willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person; or (b) the following apply: (i) the person is, under Subdivision C of Division 2A of Part 3 of the Administration Act, not required to satisfy the employment pathway plan requirements; (ii) if required by the Employment Secretary, the person satisfies the Employment Secretary that the person would otherwise be willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person.
Note 1: Note 2: For satisfies the employment pathway plan requirements, see subsection 23(1).

See Division 2B of Part 3 of the Administration Act for the circumstances in which paid work is unsuitable to be done by a person.
(3) A person satisfies this subsection if the following apply: (a) before the person made the claim for parenting payment, the person was a family member of another person at the time the other person became a refugee; (b) the person is a family member of that other person at the time the person made the claim for parenting payment or, if that other person has died, the person was a family member of that other person immediately before that other person died.
(4) For the purposes of subsection (3): (a) family member has the meaning given by subsection 7(6D); and (b) refugee has the meaning given by subsection 7(6B).
470 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Parenting payment Part 2.10 Qualification for and payability of parenting payment Division 1 Section 500A 500A Participation requirements The participation requirements are as follows: (a) the person must enter into a Parenting Payment Employment Pathway Plan when the person is required by the Secretary under section 501 to do so; (b) while the plan is in force, the person must comply with the requirements in the plan; (c) at any time while the plan is in force the person must be prepared to enter into another such plan, instead of the existing plan, if required to do so by the Secretary under section 501; (d) the person must comply with any requirements that the Secretary notifies to the person under subsection 502(1).
500B Qualification—assurance of support A person is not qualified for parenting payment if the Secretary is satisfied that: (a) an assurance of support is in force in respect of the person (the assuree); and (b) the person who gave the assurance of support is willing and able to provide an adequate level of support to the assuree; and (c) it would be reasonable for the assuree to accept that support.

Note: For assurance of support see subsection 23(1).
500C Qualification affecting member of couple—unemployment due to industrial action (1) If: (a) a person (claimant) who is a member of a couple has claimed but has not yet received parenting payment; and (b) when the claim was lodged, the claimant was unemployed; the claimant is not qualified for parenting payment unless the Secretary is satisfied that the claimant’s unemployment is not due Social Security Act 1991 471 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 1 Qualification for and payability of parenting payment Section 500D to the fact that the claimant is, or has been, engaged in industrial action or a series of industrial actions.
(2) For the purposes of subsection (1) and without limiting that subsection, a claimant is taken not to be, or not to have been, engaged in industrial action or a series of industrial actions if the Secretary is satisfied that the claimant’s unemployment is due to the fact that other persons are, or have been, engaged in industrial action or in a series of industrial actions, and that: (a) if industrial action is still being engaged in: (i) those persons, or some of those persons, are members of a trade union that is involved in the industrial action, or have been such members at any time since industrial action started; and (ii) the claimant has not been a member of that trade union at any time since industrial action started; or (b) if industrial action has stopped: (i) at any time while industrial action was being engaged in, those persons, or some of those persons, were members of a trade union that was involved in the industrial action; and (ii) the claimant was not a member of that trade union at any time while industrial action was being engaged in.
(3) Subsection (1) does not prevent a person from being qualified for parenting payment after the relevant industrial action or series of industrial actions has stopped.

Note: For industrial action, trade union and unemployment see section 16.

500D PP child (1) A child is a PP child of a person if: (a) the child is a child of the person; and (b) the person is a member of a couple; and (c) the child has not turned 6; and (d) the person is the principal carer of the child.
472 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Parenting payment Part 2.10 Qualification for and payability of parenting payment Division 1 Section 500E (2) A child is a PP child of a person if: (a) the child is a child of the person; and (b) the person is not a member of a couple; and (c) the child has not turned 8; and (d) the person is the principal carer of the child.
Note: For principal carer see subsections 5(15) to (24).
500E Prospective determinations for some recipients (1) A person is qualified for parenting payment for a period determined by the Secretary if: (a) the person is receiving parenting payment; and (b) the Secretary considers at the start of the period that: (i) the person may reasonably be expected to satisfy the qualification requirements for parenting payment (see sections 500 to 500C) during the period; and (ii) it is reasonable to expect that parenting payment will be payable to the person for the period; and (iii) the person will comply with the Act during the period; and (c) except where the person is a CDEP Scheme participant in respect of the period, the person is not indebted at the start of the period to the Commonwealth under or as a result of this Act; and (d) the Secretary is satisfied that the person should be qualified under this section for a parenting payment for the period.
(2) The Minister: (a) must determine, by legislative instrument, guidelines for making decisions under paragraph (1)(b); and (b) may revoke or vary the determination.

If the Minister revokes a determination, the Minister must determine, by legislative instrument, guidelines that commence immediately after the revocation.
Social Security Act 1991 473 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 1 Qualification for and payability of parenting payment Section 500I Subdivision B—General principles relating to payability 500I Parenting payment not payable if payment rate nil (1) Subject to subsection (2), a parenting payment is not payable to a person if the person’s parenting payment rate would be nil.
(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because: (a) an election by the person under subsection 915A(1) (about quarterly energy supplement) or 1061VA(1) (about quarterly pension supplement) is in force; or (b) the person has been paid an advance pharmaceutical allowance under the social security law.
500J Situations where payment not payable for failure to comply with certain requirements Parenting payment is not payable to a person if the person refuses or fails, without reasonable excuse, to comply with a requirement made of the person under section 67, 68 or 192 of the Administration Act.

500Q Assets test—payment not payable if assets value limit exceeded (1) Parenting payment is not payable to a person if the value of the person’s assets exceeds the person’s assets value limit.
(2) The assets value limit of a person who is not a member of a couple is worked out using the following table: Table—Assets value limits for person who is not a member of a couple Column 1 Column 2 Column 3 Item 1 Person’s situation Assets value limit Person is a homeowner $250,000 474 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Parenting payment Part 2.10 Qualification for and payability of parenting payment Division 1 Section 500Q 2 Person is not a homeowner $450,000 Note 1: For homeowner see section 11.
Note 2: Note 3: Note 4: The assets value limit in Column 3 of Item 1 is indexed annually in line with CPI increases (see sections 1190 to 1194).

The assets value limit in Column 3 of Item 2 is adjusted annually (see subsection 1204(1)).

If parenting payment is not payable to a person because of the value of the person’s assets, the person may be able to take advantage of provisions dealing with financial hardship (see sections 1130B and 1130C).
(3) The assets value limit of a person who is a member of a couple is worked out using the following table: Table—Assets value limits for person who is a member of a couple Column 1 Item Column 2 Person’s situation Column 3 Assets value limit Column 3A Column 3B Either person or partner homeowner Neither person nor partner homeowner $375,000 $575,000 $187,500 $287,500 1 2 Person is partnered (partner getting neither pension nor benefit) Person is partnered (partner getting pension or benefit) Note 1: For partnered (partner getting neither pension nor benefit) and partnered (partner getting pension or benefit) see subsection 4(11).
Note 2: For homeowner see subsection 11(4).

Social Security Act 1991 475 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 1 Qualification for and payability of parenting payment Section 500Q Note 3: Note 4: Note 5: Note 6: If item 1 applies to a person, the value of all the assets of the person’s partner are to be taken as being included in the value of the person’s assets (see subsection (4)).
If item 2 applies to a person, the value of the person’s assets is only half the combined value of the person’s assets and the assets of the person’s partner (see subsection (5)).

If benefit PP (partnered) is not payable to a person because of the value of the person’s assets, the person may be able to take advantage of provisions dealing with financial hardship (see sections 1131 and 1132).

The assets value limits of item 2 are indexed annually in line with CPI increases (see sections 1191 to 1194).
The item 1 assets value limits are adjusted annually so that they are twice the corresponding item 2 limits (see subsections 1204(2) and (3)).

(4) For the purposes of subsection (3), if the person is partnered (partner getting neither pension nor benefit): (a) the value of the person’s assets includes the value of the partner’s assets; and (b) the value of assets of a particular kind of the person includes the assets of that kind of the partner.
Note: For partnered (partner getting neither pension nor benefit) see subsection 4(11).
(5) For the purposes of subsection (3), if the person is partnered (partner getting pension or benefit): (a) the value of the person’s assets is taken to be 50% of the sum of the value of the assets of the person and the value of the assets of the person’s partner; and (b) the value of the person’s assets of a particular kind are taken to be 50% of the sum of the value of the assets of that kind of the person and the value of the assets of that kind of the person’s partner.
Note: For partnered (partner getting pension or benefit) see subsection 4(11).

476 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Parenting payment Part 2.10 Qualification for and payability of parenting payment Division 1 Section 500S 500S Multiple entitlement exclusion (1) Parenting payment is not payable to a person if the person is already receiving a service pension or a veteran payment.
(2) If: (a) a person is receiving parenting payment; and (b) a social security pension other than a pension PP (single) or a social security benefit other than a benefit PP (partnered) or a service pension or a veteran payment becomes payable to the person; parenting payment is not payable to the person.

Note 1: Note 2: Another payment type will generally not become payable to the person until the person claims it.

For social security pension and social security benefit see subsection 23(1).
(3) Parenting payment is not payable to a woman if: (a) the woman is an armed services widow; and (b) the woman is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.

Note: For armed services widower see subsection 4(1).
(4) Parenting payment is not payable to a man if: (a) the man is an armed services widower; and (b) the man is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.

Note: For armed services widower see subsection 4(1).
(5) Parenting payment is not payable to a person if: (a) the person is an armed services widow or an armed services widower; and (b) the person is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the Social Security Act 1991 477 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 1 Qualification for and payability of parenting payment Section 500V MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA.
Note 1: For armed services widow and armed services widower see subsection 4(1).

Note 2: For MRCA see subsection 23(1).

500V Educational schemes exclusion—person member of a couple (1) This section applies to a person who is a member of a couple.

(2) Parenting payment is not payable to the person if the person is receiving: (b) payments under the ABSTUDY Scheme (other than payments under the ABSTUDY Scheme as a part-time student); or (c) payments under a Student Financial Supplement Scheme.
500VA Exclusion of certain participants in ABSTUDY Scheme (1) If: (a) a payment is made in respect of a person under the ABSTUDY Scheme; and (b) the payment is made on the basis that the person is a full-time student; and (c) in the calculation of the payment, an amount identified as living allowance (the basic payment) is included; and (d) the payment relates to a period; pension PP (single) is not payable to the person in respect of any part of the period.
(2) If: (a) a person is qualified for a payment under the ABSTUDY Scheme; and (b) the payment for which the person is qualified is a payment that: (i) is made on the basis that the person is a full-time student; and 478 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Parenting payment Part 2.10 Qualification for and payability of parenting payment Division 1 Section 500W (ii) is calculated on the basis that an amount identified as living allowance (the basic payment) is included; and (iii) relates to a period; pension PP (single) is not payable to the person in respect of any part of the period.
(3) If: (a) a person may enrol in a full-time course of education; and (b) a payment referred to in subsection (2) may be made in respect of the person; the Secretary may decide that, in spite of subsection (2), pension PP (single) is payable to the person before the person starts the course.
500W Maximum basic rate and remote area allowance not payable to CDEP Scheme participant who is a member of a couple The maximum basic rate, and the remote area allowance, of a parenting payment for a period is not payable to a person who is a member of a couple and is a CDEP Scheme participant in respect of the whole or a part of the period.

Note 1: For CDEP Scheme participant see subsection 23(1).

Note 2: For remote area allowance see Module G of Benefit PP (partnered) Rate Calculator.
500WA Ordinary waiting period (1) Subject to subsections (2) and (4), a person is subject to an ordinary waiting period unless: (a) at some time in the 13 weeks immediately before the person’s start day (worked out disregarding clause 5 of Schedule 2 to the Administration Act), the person received an income support payment; or (b) the Secretary is satisfied that the person is experiencing a personal financial crisis.

Note 1: For income support payment see subsection 23(1).
Social Security Act 1991 479 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 1 Qualification for and payability of parenting payment Section 500WB Note 2: For experiencing a personal financial crisis see section 19DA.
(2) Subsection (1) does not apply to a person who: (a) is undertaking an activity specified in an instrument made under subsection (3); and (b) has been exempted from the application of subsection (1) by the Secretary.

(3) The Secretary may, by legislative instrument, specify activities for the purpose of paragraph (2)(a).
(4) If a person makes a claim for parenting payment during the period beginning on 1 April 2021 and ending at the end of 30 June 2021, then, despite subsection (1), the person is not subject to the whole of the ordinary waiting period.
500WB Duration of ordinary waiting period (1) Subject to subsections (2) and (4), if a person is subject to an ordinary waiting period, the ordinary waiting period is the period of 7 days that starts on the person’s start day (worked out disregarding clause 5 of Schedule 2 to the Administration Act).
(2) Subject to subsection (4), if: (a) a person is subject to an ordinary waiting period; and (b) apart from this subsection, the ordinary waiting period would be the period of 7 days that starts on the person’s start day (worked out disregarding clause 5 of Schedule 2 to the Administration Act); and (c) that start day falls within one or more of the following periods (each of which is an exclusion period) that the person is subject to: (i) a seasonal work preclusion period; (ii) a lump sum preclusion period under Part 3.14; (iii) an income maintenance period, where the person’s rate of parenting payment on that start day would be nil; then the ordinary waiting period is the period of 7 days that starts on the first day after all the exclusion periods have ended.
480 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Parenting payment Part 2.10 Qualification for and payability of parenting payment Division 1 Section 500X (3) If: (a) subparagraph (2)(c)(iii) applies to a person; and (b) on a day in that income maintenance period, the person’s rate of parenting payment would be greater than nil if parenting payment were payable to the person on that day; then, for the purposes of subsection (2), that income maintenance period is taken to have ended at the end of the day before that day.
(4) If: (a) a person qualifies for a social security payment (other than parenting payment); and (b) because the person is subject to an ordinary waiting period relating to that payment, that payment is not payable to the person for a period starting on a particular day (the initial day); and (c) during that period the person: (i) ceases to be qualified for that payment; and (ii) claims parenting payment; the person’s ordinary waiting period relating to parenting payment is the period of 7 days that starts on the initial day.
Note: Ordinary waiting periods apply to parenting payment, youth allowance and jobseeker payment.

500X Newly arrived resident’s waiting period (1) Subject to this section, a person who: (a) has entered Australia; and (b) has not been an Australian resident and in Australia for a period of, or periods totalling, 208 weeks; is subject to a newly arrived resident’s waiting period.

Note: For Australian resident see subsection 7(2).


(2) Subsection (1) does not apply to a person who has a qualifying residence exemption for parenting payment.

Note: For qualifying residence exemption in relation to parenting payment see subsection 7(6) and paragraph 7(6AA)(f).
Social Security Act 1991 481 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 1 Qualification for and payability of parenting payment Section 500Y (3) Subsection (1) does not apply to a person if the person: (a) is the principal carer of one or more children; and (b) is not a member of a couple; and (c) was not a lone parent at the start of the person’s current period as an Australian resident.
Note 1: For principal carer see subsections 5(15) to (24).

Note 2: For lone parent and current period as an Australian resident see subsection 23(1).
(4) Subsection (1) does not apply to a person if: (a) the person is a refugee, or a former refugee, at the time the person made the claim for parenting payment; or (b) the following apply: (i) before the person made the claim for parenting payment, the person was a family member of another person at the time the other person became a refugee; (ii) the person is a family member of that other person at the time the person made the claim for parenting payment or, if that other person has died, the person was a family member of that other person immediately before that other person died; or (c) the person is an Australian citizen at the time the person made the claim for parenting payment.
(5) For the purposes of subsection (4): (a) family member has the meaning given by subsection 7(6D); and (b) former refugee has the meaning given by subsection 7(1); and (c) refugee has the meaning given by subsection 7(6B).

500Y Duration of newly arrived resident’s waiting period (1) If a person is subject to a newly arrived resident’s waiting period, the period starts on the day the person first became an Australian resident.
482 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Parenting payment Part 2.10 Qualification for and payability of parenting payment Division 1 Section 500Z (2) The newly arrived resident’s waiting period ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 208 weeks.
500Z Seasonal workers—preclusion period (1) This section applies if: (a) a person has lodged a claim for parenting payment; and (b) at any time during the 6 months immediately before the day on which the person lodged the claim, the person, or the person’s partner, has been engaged in seasonal work.

Note: For seasonal work see subsection 16A(1).
(2) Parenting payment is not payable to the person: (a) if the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act) and the Secretary has not made a determination under subsection (3) in relation to the person—for the person’s seasonal work preclusion period; or (b) if the Secretary has made a determination under subsection (3) in relation to the person—for that part (if any) of the person’s seasonal work preclusion period to which the person is subject as a result of the determination.
Note: For seasonal work preclusion period see subsection 16A(1).
(3) If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act): (a) the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and (b) the determination has effect accordingly.
Note 1: For in severe financial hardship see subsection 19C(3) (person who is a member of a couple).

Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).
Social Security Act 1991 483 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 2 Parenting Payment Employment Pathway Plans Section 501 Division 2 Parenting Payment Employment Pathway Plans 501 Parenting Payment Employment Pathway Plans (1) The Secretary may require a person who is subject to participation requirements to enter into a Parenting Payment Employment Pathway Plan under this section.
Note: For when a person is subject to participation requirements see subsection 23(1).

(2) If a Parenting Payment Employment Pathway Plan is in force in relation to a person, the Secretary may require the person to enter into another plan instead of the existing one.

(3) Subject to subsection (4), subsections (1) and (2) do not apply to a person at any time during which the person is covered by a participation exemption under Division 3A.
(4) If a person is covered by a participation exemption under Division 3A only because of the application of section 502H, subsections (1) and (2) apply to the person only if subsection 502J(1) applies to the person.

(5) The Secretary is to give a person who is required to enter into a Parenting Payment Employment Pathway Plan notice of: (a) the requirement; and (b) the places and times at which the plan is to be negotiated.
(6) A Parenting Payment Employment Pathway Plan must be in a form approved by the Secretary.
501A Parenting Payment Employment Pathway Plan terms Suitable requirements (1) Subject to subsections (2) and (3) and sections 501B to 501E, a Parenting Payment Employment Pathway Plan that is in force in 484 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Parenting payment Part 2.10 Parenting Payment Employment Pathway Plans Division 2 Section 501A relation to a person is to contain one or more terms (the requirements) that: (a) the person is required to comply with; and (b) the Secretary regards as suitable for the person.
(1A) Without limiting the requirements that a Parenting Payment Employment Pathway Plan may contain, a plan relating to a person to whom paragraph 500(1)(ca) applies may contain requirements relating to one or more of the following: (a) the person’s education; (b) the health of a PP child of the person; (c) the education of a PP child of the person.
(2) If a Parenting Payment Employment Pathway Plan requires a person, during a period, to engage for at least 30 hours per fortnight in paid work that the Secretary regards as suitable, the plan must not require the person to undertake any other activities.

(3) A plan must not contain a requirement of a kind that the Secretary determines under subsection (4).

(4) The Secretary must determine, by legislative instrument, kinds of requirements that plans must not contain.
(4A) To avoid doubt, a determination under subsection (4) does not limit the Secretary’s discretion to exclude other kinds of requirements from a particular plan under subsection (1).

Optional terms (4B) A plan may also contain one or more terms that the person may, but is not required to, comply with.

Approval of requirements (5) The requirements in a plan are to be approved by the Secretary.
(6) In considering whether to approve the requirements in a plan that will be in force in relation to a person, the Secretary is to have regard to: Social Security Act 1991 485 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 2 Parenting Payment Employment Pathway Plans Section 501A (a) the person’s capacity to comply with the requirements; and (b) the person’s needs.
(7) In having regard to a person’s capacity to comply with the requirements in a plan, the Secretary is to take into account, but is not limited to, the following matters: (a) the person’s education, experience, skills and age; (b) the impact of any disability, illness, mental condition or physical condition of the person on the person’s ability to work, to look for work or to participate in training activities; (c) the state of the local labour market and the transport options available to the person in accessing that market; (d) the participation opportunities available to the person; (e) the family and caring responsibilities of the person; (f) the length of travel time required to comply with the requirements; (g) the financial costs (such as travel costs) of complying with the requirements, and the person’s capacity to pay for such costs; (h) any other matters that the Secretary or the person considers relevant in the circumstances.
Variation, suspension, cancellation and review (8) A plan that is in force in relation to a person: (a) may be varied (in negotiation with the person) or suspended by the Secretary; and (b) must be cancelled by the Secretary if the person enters into another Parenting Payment Employment Pathway Plan; and (c) may be reviewed from time to time by the Secretary at the request of the Secretary or the person; and (d) may be cancelled by the Secretary after a review under paragraph (c).
486 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Parenting payment Part 2.10 Parenting Payment Employment Pathway Plans Division 2 Section 501B Circumstances preventing or affecting compliance (9) If a plan is in force in relation to a person, the person must notify the Secretary of any circumstances preventing or affecting the person’s capacity to comply with the requirements in the plan.
501B Parenting Payment Employment Pathway Plans requirement to look for work of appropriate number of hours per week (1) A Parenting Payment Employment Pathway Plan that requires a person to undertake, as an activity, looking for part time paid work that the Secretary regards as suitable must require the person to undertake looking for such part time paid work of at least the appropriate number of hours per week.
(2) The appropriate number of hours per week is: (a) 15; or (b) such other number as the Secretary determines to be appropriate having regard to the person’s circumstances.
501C Parenting Payment Employment Pathway Plans people with partial capacity to work (1) A Parenting Payment Employment Pathway Plan that: (a) is in force in relation to a person who has a partial capacity to work; and (b) requires the person to undertake, as an activity, looking for part time paid work that the Secretary regards as suitable; must require the person to undertake looking for such part time paid work of at least the appropriate number of hours per week.
Note: For partial capacity to work see section 16B.

(2) The appropriate number of hours per week is: (a) 15; or (b) such other number as the Secretary determines to be appropriate having regard to the person’s circumstances.
Social Security Act 1991 487 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 2 Parenting Payment Employment Pathway Plans Section 501D 501D Parenting Payment Employment Pathway Plans requirement to participate in an approved program of work (1) A Parenting Payment Employment Pathway Plan that is in force in relation to a person must not require the person to participate in an approved program of work for income support payment if: (a) either: (i) if the person’s rate of parenting payment is worked out under the Pension PP (Single) Rate Calculator in section 1068A because of the application of Module E of that rate calculator, the person is receiving a parenting payment at a rate that has been reduced; or (ii) if the person’s rate of parenting payment is worked out under the Benefit PP (Partnered) Rate Calculator in section 1068B because of the application of Module D of that rate calculator, the person is receiving a parenting payment at a rate that has been reduced; or (b) in the Secretary’s opinion: (i) it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or (ii) performing the work in the conditions in which the work would be performed would constitute a risk to health or safety or would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or (c) the person is at least 50 years of age and is not a person to whom subsection 28(4) applies.
(2) If a Parenting Payment Employment Pathway Plan that is in force in relation to a person requires the person to participate in an approved program of work for income support payment, the Secretary may, by notice given to the person, revoke the requirement to participate in the program if the Secretary: (a) is satisfied that: 488 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Parenting payment Part 2.10 Parenting Payment Employment Pathway Plans Division 2 Section 501D (i) if the person’s rate of parenting payment is worked out under the Pension PP (Single) Rate Calculator in section 1068A because of the application of Module E of that rate calculator, the person is receiving a parenting payment at a rate that has been reduced; or (ii) if the person’s rate of parenting payment is worked out under the Benefit PP (Partnered) Rate Calculator in section 1068B because of the application of Module D of that rate calculator, the person is receiving a parenting payment at a rate that has been reduced; or (b) forms the opinion that: (i) it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or (ii) performing the work in the conditions in which the work would be performed would constitute a risk to health or safety or would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or (c) is satisfied that the person is at least 50 years of age and is not a person to whom subsection 28(4) applies.
(3) Upon the Secretary so notifying the person, the requirement is taken to have been revoked with effect from the day specified in the notice.
(4) A person is not to be taken to be one of the following merely because the person participates in an approved program of work for income support payment, or undertakes an activity (other than suitable paid work), in accordance with a term (including an optional term) of a Parenting Payment Employment Pathway Plan under this section: (a) a worker carrying out work in any capacity for the Commonwealth, or an employee of the Commonwealth, for the purposes of the Work Health and Safety Act 2011; (b) an employee within the meaning of section 5 of the Safety, Rehabilitation and Compensation Act 1988; Social Security Act 1991 489 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 2 Parenting Payment Employment Pathway Plans Section 501E (c) an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992; (d) an employee for the purposes of the Fair Work Act 2009.
501E Parenting Payment Employment Pathway Plans suspension of plans A Parenting Payment Employment Pathway Plan that is in force in relation to a person is taken to be suspended during any period during which the person is covered by a participation exemption under Division 3A because of section 502BA, 502C or 502D.
490 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Parenting payment Part 2.10 Additional participation requirements Division 3 Section 502 Division 3 Additional participation requirements 502 Secretary may impose additional participation requirements (1) Subject to sections 502A and 502B, if the Secretary is of the opinion that, throughout a period, a person who: (a) is subject to participation requirements; and (b) is not covered by a participation exemption under Division 3A; should undertake particular paid work, other than paid work that is unsuitable to be done by the person, the Secretary may notify the person that the person is required to act in accordance with the opinion.
Note 1: For when a person is subject to participation requirements see subsection 23(1).

Note 2: See subsection (4) on what paid work is unsuitable.

(2) To avoid doubt, the work that the person is required to undertake under subsection (1) may involve a number of hours per week that differs from the number of hours of work per week that the person is required to seek to comply with a Parenting Payment Employment Pathway Plan that is in force in relation to the person.
(3) The person can be taken not to have complied with requirements notified to the person under subsection (1) whether or not the person has complied with: (a) any requirement to enter into a Parenting Payment Employment Pathway Plan; and (b) the requirements in the plan.
(4) Subject to subsections (7) and (8), for the purposes of this section, particular paid work is unsuitable for a person if and only if, in the Secretary’s opinion: (a) the person lacks the particular skills, experience or qualifications that are needed to perform the work and no training will be provided by the employer; or Social Security Act 1991 491 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 3 Additional participation requirements Section 502 (b) it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or (c) the person does not have access to appropriate care and supervision, for the one or more children for whom the person is the principal carer, at the times when the person would be required to undertake the work; or Note: For principal carer see subsections 5(15) to (24).
(d) performing the work in the conditions in which the work would be performed would constitute a risk to health or safety and would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or (e) the terms and conditions for the work would be less generous than the applicable statutory conditions; or (g) commuting between the person’s home and the place of work would be unreasonably difficult; or (h) the work would require enlistment in the Defence Force or the Reserves; or (i) the work requires the person to move from a home in one place to a home in another place; or (j) for any other reason, the work is unsuitable for the person.
(4A) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether, for the purposes of paragraph (4)(j), particular paid work is unsuitable for a person.

(4B) To avoid doubt, a determination under subsection (4A) does not limit the matters that the Secretary may take into account in deciding whether, for the purposes of paragraph (4)(j), particular paid work is unsuitable for a person.
(5) A person has, for the purposes of paragraph (4)(c), access to appropriate care and supervision for a child at a particular time if, at that time: 492 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Parenting payment Part 2.10 Additional participation requirements Division 3 Section 502 (a) the child could be provided with care by an approved child care service (within the meaning of the Family Assistance Administration Act), and provision of that care would, in the Secretary’s opinion, be appropriate in the circumstances; or (b) the child could be provided with other care that the person considers to be suitable; or (c) the child could be attending school, and attendance at that school would, in the Secretary’s opinion, be appropriate in the circumstances.
(6) For the purposes of paragraph (4)(c), a time when the person would be required to undertake the work includes reasonable amounts of time that would be needed for the person to travel from the person’s home to the place of work and from the place of work to the person’s home.
(7) If: (a) a person seeks work in an area (the new area) that is outside the area (the old area) in which the person’s home is situated; and (b) the person is offered permanent work (whether or not work of the kind sought) in the new area; the work offered is not unsuitable for the person because of paragraph (4)(g) or (i) unless: (c) the person is under the age of 18; or (d) the person or the person’s partner is pregnant; or (e) the person or the person’s partner has a severe medical condition and the condition makes it unreasonable for the person to accept the offer; or (f) the acceptance of the offer would jeopardise the current employment, or the employment prospects, of the person’s partner; or (g) the person or the person’s partner has a child under the age of 16 years who is living with them or is living somewhere else in the old area; or (h) the person or the person’s partner has significant caring responsibilities in the old area; or Social Security Act 1991 493 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 3 Additional participation requirements Section 502A (i) the educational, cultural or religious background of the person makes it unreasonable for the person to accept the offer; or (j) it is more appropriate for the person to participate in education or training than to accept the offer; or (k) the person would suffer severe financial hardship if the person were to accept the offer.
(8) Without affecting what would otherwise constitute a person seeking work outside the area in which the person’s home is situated, if a person, when seeking employment through an employment service provider, represents to the provider that the person is willing to undertake work outside the area in which the person’s home is situated, the person is taken for the purposes of subsection (7) to seek work outside the area at the time when the representation is made.
502A People 55 and over who are engaged in work (1) Subject to subsection (2), the Secretary must not notify under subsection 502(1) a person in respect of a period (the relevant period) if the person has reached 55 years and: (a) is engaged in approved unpaid voluntary work for an approved organisation for at least 30 hours in the period; or (b) is engaged, for at least 30 hours in the period in a combination of: (i) approved unpaid voluntary work for an approved organisation; and (ii) paid work that the Secretary regards as suitable; or (c) is engaged for at least 30 hours in the period in paid work that the Secretary regards as suitable.
(2) This section does not apply to a person in respect of a day in a relevant period if, in respect of the person, having regard to the opportunities, or possible opportunities, for employment that become available to the person on or before the day, the Secretary considers that this section is not to apply to the person in respect of that day.
494 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Parenting payment Part 2.10 Additional participation requirements Division 3 Section 502B (3) For the purposes of this section: (a) approved voluntary unpaid work is work that has been approved by the Secretary for the purposes of this section; and (b) an approved organisation is an organisation that has been approved by the Secretary for the purposes of this section.
502B Persons engaged in suitable paid work for at least 30 hours per fortnight The Secretary must not notify under subsection 502(1) a person who is engaged for at least 30 hours per fortnight in paid work that the Secretary regards as suitable.
Social Security Act 1991 495 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 3A Participation exemptions Section 502BA Division 3A Participation exemptions 502BA Death of person’s partner Claimants (1) If: (a) a person makes a claim for parenting payment on or after the commencement of this section; and (b) the person makes the claim after the death of the person’s partner on or after the commencement of this section; and (c) if the person is a man or a woman who was not pregnant the person makes the claim in the when her partner died period of 14 weeks starting on the day of the death of the partner; and (d) if the person is a woman who was pregnant when her partner died the person makes the claim: (i) in the period of 14 weeks starting on the day of the death of the partner; or (ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant; whichever ends later; then the person is covered by a participation exemption under this Division in respect of the period applicable under paragraph (c) or (d).
Recipients (2) If: (a) a person is receiving parenting payment on or after the commencement of this section; and (b) while the person is receiving parenting payment, the person’s partner dies on or after the commencement of this section; and (c) if the person is a man or a woman who was not pregnant when her partner died the person notifies the Secretary of 496 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Parenting payment Part 2.10 Participation exemptions Division 3A Section 502C the person’s partner’s death in the period of 14 weeks starting on the day of the death of the partner; and (d) if the person is a woman who was pregnant when her partner the person notifies the Secretary of the person’s died partner’s death: (i) in the period of 14 weeks starting on the day of the death of the partner; or (ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant; whichever ends later; and (e) the person is receiving parenting payment on the day of the notification; then the person is covered by a participation exemption under this Division in respect of the period applicable under paragraph (c) or (d).
502C Domestic violence etc.

(1) A person is covered by a participation exemption under this Division in respect of a period that the Secretary determines under this section in relation to the person.
(2) The Secretary may make a determination under this section in relation to the person if the Secretary is satisfied that: (a) the person was subjected to domestic violence in the 26 weeks before the making of the determination; or (b) there are special circumstances relating to the person’s family that make it appropriate to make the determination.
(2A) The Secretary must, by legislative instrument, specify matters that the Secretary must take into account in deciding whether there are special circumstances relating to a person’s family that make it appropriate to make a determination under this section.

(2B) To avoid doubt, an instrument made under subsection (2A) does not limit the matters that the Secretary may take into account in making a determination under subsection (2).
Social Security Act 1991 497 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 3A Participation exemptions Section 502D (3) The period that the Secretary determines under this section must be the lesser of: (a) the period that the Secretary considers to be appropriate; or (b) 16 weeks.
(4) Any such period may be followed by one or more other periods (not exceeding 16 weeks) determined under this section in relation to the person.
(5) The period that the Secretary determines under this section must, despite subsection (3), be 16 weeks if the determination: (a) is made on grounds referred to in paragraph (2)(a) (or on grounds that include those grounds); and (b) is the first determination made on those grounds (or on grounds that include those grounds) in relation to the person on or after 1 July 2010.
(6) The Secretary may revoke a determination under this section in relation to a person if the Secretary is satisfied that the grounds on which the determination was made no longer exist.

(7) Subsection (6) does not affect any operation that subsection 33(3) of the Acts Interpretation Act 1901 has in relation to a determination under this section.
502D People with disabled children and other circumstances (1) A person is covered by a participation exemption under this Division in respect of a period that the Secretary determines under this section in relation to the person.
(2) The Secretary may make a determination under this section in relation to the person if the Secretary is satisfied that the person is the principal carer of one or more children: (a) who suffer from a physical, intellectual or psychiatric disability or illness; and (b) whose care needs are such that the person should, for the period specified in the determination, not be required to meet participation requirements.
498 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Parenting payment Part 2.10 Participation exemptions Division 3A Section 502D Note: For principal carer see subsections 5(15) to (24).
(3) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that the person is the principal carer of one or more children, and that: (a) the person is a registered and active foster carer; or (b) the person is a home educator of that child, or one or more of those children; or (c) the person is a distance educator of that child, or one or more of those children; or (d) under a family law order that the person is complying with, a child, of whom the person is a relative (other than a parent), is to live with the person.
Note 1: For principal carer see subsections 5(15) to (24).

Note 2: For registered and active foster carer see section 5B.

Note 3: For home educator see section 5C.

Note 4: For distance educator see section 5D.

Note 5: For family law order see subsection 23(1).

Note 6: For relative (other than a parent) see section 5E.
(3A) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that: (a) the person is the principal carer of a child; and (b) the person is one or both of the following: (i) the principal carer of one or more other children; (ii) the main supporter of one or more secondary pupil children; and (c) there are 4 or more of the children of whom the person is the principal carer or main supporter.

Note 1: For principal carer see subsections 5(15) to (24).
Note 2: For main supporter see section 5G.

Note 3: For secondary pupil child see section 5F.
(3B) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that: Social Security Act 1991 499 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 3A Participation exemptions Section 502D (a) the person is the main supporter of one or more secondary pupil children; and (b) the person is a home educator or distance educator of one or more of those children.
Note 1: For main supporter see section 5G.

Note 2: For secondary pupil child see section 5F.

Note 3: For home educator see section 5C.

Note 4: For distance educator see section 5D.
(3C) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that: (a) the person is the principal carer of one or more children; and (b) the person is a relative (other than a parent) of a child (the kin child); and (c) there is a document that: (i) provides for the kin child to live with the person for the care and wellbeing of the kin child; and (ii) is prepared or accepted by an authority of a State or Territory that has responsibility for the wellbeing of children; and (d) the person is acting in accordance with the document.
Note 1: For principal carer see subsections 5(15) to (24).

Note 2: For relative (other than a parent) see section 5E.

(4) The Secretary may make a determination under this section in relation to the person if the Secretary is satisfied that: (a) the person is a person included in a class of persons specified under subsection (5); and (b) the person’s circumstances are such that the person should not be required to meet any of the participation requirements.
(5) The Secretary may, by legislative instrument, specify classes of persons in respect of whom determinations under this section may be made.
500 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Parenting payment Part 2.10 Participation exemptions Division 3A Section 502E (6) The period that the Secretary determines under this section must be the lesser of: (a) the period that the Secretary considers to be appropriate; or (b) 12 months.
(7) Any such period may be followed by one or more other periods (not exceeding 12 months) determined under this section in relation to the person.

(8) The Secretary may revoke a determination under this section in relation to a person if the Secretary is satisfied that the grounds on which the determination was made no longer exist.

(9) Subsection (8) does not affect any operation that subsection 33(3) of the Acts Interpretation Act 1901 has in relation to a determination under this section.
502E Training camps A person is covered by a participation exemption under this Division in respect of a period when the person is attending a training camp as a member of: (a) the Naval Reserve; or (b) the Army Reserve; or (c) the Air Force Reserve.
502F Special circumstances (1) A person is covered by a participation exemption under this Division in respect of a period if: (a) the Secretary is satisfied that special circumstances, beyond the person’s control, exist; and (b) the Secretary is satisfied that in those circumstances it would be unreasonable to expect the person to meet participation requirements for that period.
Social Security Act 1991 501 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 3A Participation exemptions Section 502G (1A) Subsection (1) does not apply to circumstances wholly or predominantly attributable to the person’s misuse of alcohol or another drug, unless the person is a declared program participant.

(2) The period referred to in subsection (1) is not to exceed 13 weeks.
(3) If: (a) the Secretary makes a number of determinations under any one or more of the following provisions: (i) subsection 525AA(3) of this Act as previously in force; (ii) subsection 542H(1) of this Act; (iii) subsection 603A(1) of this Act; (iv) subsection 731E(1) of this Act; (v) subsection (1) of this section; and (b) the periods to which the determinations relate form a continuous period; the continuous period is not to exceed 13 weeks, unless the Secretary determines otherwise, having regard to the continued existence, or likely continued existence, of the special circumstances on which the last preceding determination was based.
502G Pre-natal and post-natal relief (1) A pregnant woman is covered by a participation exemption under this Division for the period that starts 6 weeks before the woman’s expected date of confinement and ends on the day on which the woman gives birth to the child (whether or not the child is born alive).
(2) If a woman gives birth to a child (whether or not the child is born alive), the woman is covered by a participation exemption under this Division for the period that starts on the day on which she gives birth to the child and ends 6 weeks after that day.
502 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Parenting payment Part 2.10 Participation exemptions Division 3A Section 502H 502H Temporary incapacity (1) Subject to sections 502J and 502K, a person is covered by a participation exemption under this Division in respect of a period if: (a) throughout the period the person is incapacitated for work because of sickness or an accident; and (b) the incapacity is caused wholly, or virtually wholly, by a medical condition arising from the sickness or accident; and (c) the incapacity is, or is likely to be, of a temporary nature; and (d) the person has, whether before or after the commencement of this section, given the Secretary a certificate of a medical practitioner, in a form approved by the Secretary, stating: (i) the medical practitioner’s diagnosis; and (ii) the medical practitioner’s prognosis; and (iii) that the person is incapacitated for work; and (iv) the period for which the person is incapacitated for work; and (e) the Secretary is satisfied that the incapacity has not been brought about with a view to obtaining an exemption from meeting the participation requirements.
(1AA) Subsection (1) does not apply to sickness, or an accident, wholly or predominantly attributable to the person’s dependence on alcohol or another drug, unless the person is a declared program participant.
(1A) The Secretary must comply with the guidelines (if any) determined and in force under subsection (1B) in deciding the following: (a) whether paragraph (1)(a), (b) or (c) applies to a person in respect of a period; (b) whether, for the purposes of paragraph (a) of the definition of work in subsection (2), work is of a kind that a person could be reasonably expected to do.
Social Security Act 1991 503 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 3A Participation exemptions Section 502J (1B) The Minister may, by legislative instrument, determine guidelines to be complied with by the Secretary in making a decision referred to in subsection (1A).
(2) In this section: work, in relation to a person, means work (whether full time, part time, permanent or casual) that: (a) is of a kind that the person could, in the Secretary’s opinion, be reasonably expected to do; and (b) is for at least 8 hours per week on wages that are at or above the relevant minimum wage.
502J Time limit for temporary incapacity exemption—Secretary satisfied person can undertake activity (1) Section 502H ceases to apply to a person if the Secretary is satisfied that, although the person meets the requirements of that section, the person should undertake one or more activities that the Secretary regards as suitable for the person.
(2) The cessation occurs: (a) if the person has failed to comply with a requirement to enter into a Parenting Payment Employment Pathway Plan when the person so failed; or (b) in any other case when the person has entered into such a plan.

(3) This section does not prevent section 502H ceasing to apply to a person under section 502K.
502K Time limit for temporary incapacity exemption end of person’s maximum exemption period (1) Section 502H ceases to apply to a person if the person’s maximum exemption period ends.
504 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Parenting payment Part 2.10 Participation exemptions Division 3A Section 502K (2) Subject to this section, a person’s maximum exemption period is: (a) if the person has, whether before or after the commencement of this section, given the Secretary a medical certificate for the purpose of enabling the Secretary to decide whether section 502H applies to the person following periods: the lesser of the (i) the period stated in the certificate as the period for which the person would be incapacitated for work; (ii) the period of 13 weeks that started or starts on the first day of the period so stated in the certificate; or (b) otherwise the period of 4 weeks that started or starts on the day determined by the Secretary to have been the day on which the person’s incapacity for work began.
(3) If: (a) section 502H applies to a person; and (b) the person has, whether before or after the commencement of this section, given the Secretary a certificate of a medical practitioner that states the matters listed in paragraph 502H(1)(d) and is in accordance with the form approved under that paragraph; and (c) the Secretary is satisfied that the person’s incapacity for work will continue after the end of the person’s maximum exemption period; the Secretary may extend the person’s maximum exemption period by a period that is not more than the lesser of the following periods: (d) a period equal to the period stated in the certificate as the period for which the person would be incapacitated for work; (e) 13 weeks.
(4) If: (a) section 502H applied to a person; and (b) within 14 days after the end of the person’s maximum exemption period the person gives the Secretary a certificate of a medical practitioner that states the matters listed in Social Security Act 1991 505 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 3A Participation exemptions Section 502K paragraph 502H(1)(d) and is in accordance with a form approved under that paragraph; and (c) the Secretary is satisfied that the person’s incapacity for work has continued after the end of the person’s maximum exemption period and that the incapacity will continue; the Secretary may extend the maximum exemption period by a period that is not more than the lesser of the following periods: (d) a period equal to the period stated in the certificate as the period for which the person would be incapacitated for work; (e) 13 weeks.
(5) If: (a) section 502H applies to a person; and (b) the person gives the Secretary written evidence (other than a certificate referred to in paragraph (3)(b)) that the person’s incapacity for work will continue after the end of the person’s maximum exemption period; and (c) the Secretary is satisfied that: (i) the person’s circumstances make it unreasonable to expect the person to obtain a certificate referred to in paragraph (3)(b) before the end of the maximum exemption period; and (ii) the person’s incapacity for work will continue after the end of the person’s maximum exemption period; the Secretary may extend the person’s maximum exemption period by not more than 4 weeks.
(6) If: (a) section 502H applied to a person; and (b) within 14 days after the end of the person’s maximum exemption period the person gives the Secretary written evidence (other than a certificate referred to in paragraph (4)(b)) that the person’s incapacity for work will continue after the end of the person’s maximum exemption period; and 506 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Parenting payment Part 2.10 Participation exemptions Division 3A Section 502K (c) the Secretary is satisfied that: (i) the person’s circumstances make it unreasonable to expect the person to obtain a certificate referred to in paragraph (4)(b); and (ii) the person’s incapacity for work has continued after the end of the person’s maximum exemption period and that the incapacity will continue; the Secretary may extend the maximum exemption period by a period of not more than 4 weeks from the end of the previous maximum exemption period.
(7) If: (a) section 502H applies to a person; and (b) the person has, whether before or after the commencement of this section, given the Secretary a certificate referred to in paragraph (3)(b) before the end of the person’s maximum exemption period; and (c) before the end of the person’s maximum exemption period, the Secretary does not satisfy himself or herself that the person’s incapacity for work will continue after the end of that period; and (d) the sole or dominant cause of the Secretary failing so to satisfy himself or herself is an act or omission of an officer of the Department; the Secretary may extend the person’s maximum exemption period by not more than 4 weeks.
(8) This section does not prevent section 502H ceasing to apply to a person under section 502J.
Social Security Act 1991 507 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 4 Rate of parenting payment Section 503 Division 4—Rate of parenting payment Subdivision A—Rate of parenting payment 503 How to work out a person’s parenting payment rate A person’s parenting payment rate is worked out using: (a) if the person is not a member of a couple—the Pension PP (Single) Rate Calculator at the end of section 1068A (see Part 3.6A); or (b) if the person is a member of a couple—the Benefit PP (Partnered) Rate Calculator at the end of section 1068B (see Part 3.6A).
503A Approved program of work supplement If a person: (a) is receiving a parenting payment; and (b) is participating in an approved program of work for income support payment; the rate of the person’s parenting payment is increased by an amount of $20.80, to be known as the approved program of work supplement, for each fortnight during which the person participates in the program.
503AA Approved program of work supplement not payable in certain circumstances (1) An approved program of work supplement is not payable to a person in respect of a fortnight if pensioner education supplement under Part 2.24A or under ABSTUDY is payable to the person in respect of a day in the fortnight.

(2) An approved program of work supplement under section 503A is not payable to a person in respect of a fortnight if a training supplement is payable to the person in respect of the fortnight.
508 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Parenting payment Part 2.10 Rate of parenting payment Division 4 Section 503B 503B Training supplement (1) This section applies if a person: (a) is receiving a parenting payment; and (b) is subject to participation requirements; and (c) is participating in an approved training course for training supplement for the person; and (d) started participating in the course during the period beginning on the day on which this section commenced and ending on 30 June 2011.
Note: For when a person is subject to participation requirements, see subsection 23(1).

(2) The rate of the person’s parenting payment is increased by an amount of $41.60 (to be known as a training supplement) for each fortnight during which the person participates in the course.
(3) However, a training supplement is not payable for a fortnight during which the person participates in the course if: (a) a Parenting Payment Employment Pathway Plan is in force in relation to the person; and (b) during the fortnight, the person ceases to participate in the course in circumstances that constitute a failure to comply with the plan.
503C National Green Jobs Corps supplement (1) This section applies if a person: (a) is receiving a parenting payment; and (b) has reached 17, but is under 25, years of age; and (c) is participating in the National Green Jobs Corps program; and (d) started participating in that program before 2012.
(2) The rate of the person’s parenting payment is increased by an amount of $41.60 (to be known as a National Green Jobs Corps Social Security Act 1991 509 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 4 Rate of parenting payment Section 504N supplement) for each fortnight during which the person participates in the National Green Jobs Corps program.
(3) However, a National Green Jobs Corps supplement is not payable for a fortnight during which the person participates in the National Green Jobs Corps program if: (a) both: (i) a Parenting Payment Employment Pathway Plan is in force in relation to the person; and (ii) during the fortnight, the person ceases to participate in that program in circumstances that constitute a failure to comply with the plan; or (b) the rate of the person’s parenting payment is increased by training supplement for the fortnight.
Subdivision C—Accumulation of parenting payments by CDEP Scheme participants 504N CDEP Scheme participant may accumulate parenting payment (1) A person who is a member of a couple, and is a CDEP Scheme participant in respect of the whole or a part of a quarter, may, by written notice given to the Secretary, choose to accumulate the amounts of any parenting payment that become payable to the person in respect of that quarter, or any later quarter in respect of the whole or a part of which the person is a CDEP Scheme participant, and have not already been paid.
(2) If a person to whom subsection (1) applies makes a choice under that subsection, the sum of the accumulated amounts payable to the person in respect of a quarter is to be paid on, or as soon as practicable after, the first payday after: (a) unless paragraph (b) applies, the last day of the quarter; or (b) if the person ceases to be a CDEP Scheme participant before the end of the quarter—the day on which the person so ceases.
510 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Parenting payment Part 2.10 Rate of parenting payment Division 4 Section 504N (3) In this section: quarter means a CDEP Scheme quarter.

Note 1: For CDEP Scheme participant see section 1188B.

Note 2: For CDEP Scheme quarter see subsection 23(1).
Social Security Act 1991 511 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 9 Bereavement payments Section 512 Division 9—Bereavement payments Subdivision A—Continuation of parenting payment after death of child 512 Death of PP child—continuation of qualification for 14 weeks (1) If: (a) a person is receiving parenting payment for a dependent child; and (b) the child dies; and (c) following the child’s death, there is no other dependent child of the person who is a PP child; the person is qualified for parenting payment in respect of the child, for the period of 14 weeks that starts on the day of the child’s death.
(2) If a person is qualified under subsection (1), the person’s parenting payment rate during the 14 weeks is to be worked out as if the child had not died.
Subdivision B—Death of recipient 513 Death of recipient—recipient not member of a couple (1) If: (a) a person is receiving parenting payment; and (b) the person is not a member of a couple; and (c) the person dies; there is payable, to such person as the Secretary thinks appropriate, an amount equal to the amount that would have been payable to the person under this Act on the payday after the person’s death if the person had not died.
(2) If an amount is paid under subsection (1) in respect of a person, the Commonwealth is not liable to any action, claim or demand for any further payment under that subsection in respect of the person.
512 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Parenting payment Part 2.10 Bereavement payments Division 9 Section 513A Note: For death of a person qualified for bereavement payments under Subdivision C see section 514E.
513A Death of recipient—recipient member of a couple If: (a) a person is receiving parenting payment; and (b) the person is a member of a couple; and (c) the person dies; and (d) the person: (i) was qualified at the time of the person’s death for payments under Subdivision A in relation to the death of a PP child; or (ii) would have been qualified if the person had not died; and (e) the person’s partner claims the payments referred to in paragraph (d) within 13 weeks after the death of the child; there is payable to the partner of the person an amount equal to the amount of parenting payment that would have been payable to the person under Subdivision A if the person had not died.
Subdivision C—Death of partner 514 Surviving partner and deceased partner If: (a) a person is receiving parenting payment; and (b) the person’s partner dies; then, for the purposes of this Division: (c) the person is the surviving partner; and (d) the person’s partner is the deceased partner.
514A Qualification for payments under this Subdivision (1) If: (a) a person is receiving a benefit PP (partnered); and Social Security Act 1991 513 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 9 Bereavement payments Section 514B (b) the person’s partner dies; and (c) immediately before the deceased partner died, he or she: (i) was a long-term social security recipient; or (ii) was receiving a social security pension, a service pension, income support supplement or a veteran payment; and (d) immediately before the deceased partner died, the surviving partner was a long-term social security recipient; the surviving partner is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: Note 2: Note 3: For benefit PP (partnered) see section 18 and for long-term social security recipient see subsection 23(1).

Section 514B provides for the payment to the surviving partner, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the deceased partner during that period if the partner had not died.
Section 514C provides for payment to the surviving partner of a lump sum that represents the instalments that would have been paid to the deceased partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the deceased partner had not died.

Note 4: For bereavement period see section 21.

(2) A surviving partner who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.
(3) An election under subsection (2): (a) must be made by written notice to the Secretary; and (b) may be made after the surviving partner has been paid an amount or amounts under this Subdivision; and (c) cannot be withdrawn after the Department has taken all the action required to give effect to that election.
514B Continued payment of deceased partner’s previous entitlement If a surviving partner is qualified for payments under this Subdivision in relation to the death of the deceased partner, there is 514 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Parenting payment Part 2.10 Bereavement payments Division 9 Section 514C payable to the surviving partner, on each of the deceased partner’s paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the deceased partner on that payday if he or she had not died.
Note: For bereavement rate continuation period see section 21.
514C Lump sum payable in some circumstances If: (a) a surviving partner is qualified for payments under this Subdivision in relation to the death of the deceased partner; and (b) the first available bereavement adjustment payday occurs before the end of the bereavement period; there is payable to the surviving partner as a lump sum an amount worked out using the following Lump Sum Calculator: Lump Sum Calculator This is how to work out the amount of the lump sum: Method statement Step 1.
Work out the amount that would have been payable to the surviving partner on the surviving partner’s payday immediately before the first available bereavement adjustment payday if: (a) the deceased partner had not died; and (b) Note: if, immediately before the partner’s death, the couple were an illness separated couple or a respite care couple—they were not such a couple.

For illness separated couple and respite care couple see subsections 4(7) and (8).
Social Security Act 1991 515 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 9 Bereavement payments Section 514D Step 2.
Work out the amount that would have been payable to the deceased partner on the deceased partner’s payday immediately before the first available bereavement adjustment payday if: (a) the deceased partner had not died; and (b) Note: if, immediately before the partner’s death, the couple were an illness separated couple or a respite care couple—they were not such a couple.

For illness separated couple and respite care couple see subsections 4(7) and (8).

Step 3.
Step 3.

Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4.

Work out the amount of pension PP (single) that would, if section 514D did not apply, have been payable to the surviving partner on the surviving partner’s payday immediately before the first available bereavement adjustment payday: the result is called the surviving partner’s individual rate.

Step 5.
Step 5.

Take the surviving partner’s individual rate away from the combined rate: the result is called the deceased partner’s instalment component.

Step 6.

Work out the number of the deceased partner’s paydays in the bereavement lump sum period.

Step 7.

Multiply the deceased partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable to the surviving partner under this section.
514D Adjustment of person’s parenting payment rate (1) This section applies if a surviving partner: 516 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Parenting payment Part 2.10 Bereavement payments Division 9 Section 514E (a) is qualified for payments under this Subdivision; and (b) does not elect under subsection 514A(2) not to receive payments under this Subdivision.
(2) The surviving partner’s parenting payment rate during the bereavement rate continuation period is the benefit PP (partnered) rate that would have been payable to the surviving partner if: (a) the deceased partner had not died; and (b) if the couple had been an illness separated couple or a respite care couple—they had not been such a couple.

(3) The surviving partner’s parenting payment rate during the bereavement lump sum period (if any) is the pension PP (single) rate.
Note 1: For bereavement period, bereavement rate continuation period, bereavement lump sum period and first available bereavement adjustment payday see section 21.

Note 2: For illness separated couple and respite care couple see subsections 4(7) and (8) respectively.

Note 3: For pension PP (single) and benefit PP (partnered) see section 18.
514E Effect of death of surviving partner If: (a) a surviving partner is qualified for payments under this Subdivision in relation to the death of the deceased partner; and (b) the surviving partner dies within the bereavement period; and (c) the Secretary does not become aware of the death of the deceased partner before the surviving partner dies; there is payable, as a lump sum, to any person that the Secretary thinks appropriate, an amount worked out using the following Lump Sum Calculator: Lump Sum Calculator This is how to work out the amount of the lump sum: Social Security Act 1991 517 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 9 Bereavement payments Section 514E Method statement Step 1.
Work out the amount that would have been payable to the surviving partner on the surviving partner’s payday immediately after the day on which the surviving partner died if: (a) (b) neither the surviving partner nor the deceased partner had died; and if, immediately before the deceased partner’s death, the couple were an illness separated couple or a respite care couple—they were not such a couple.

Note: For illness separated couple and respite care couple see subsections 4(7) and (8).

Step 2.
Step 2.

Work out the amount that would have been payable to the deceased partner on the deceased partner’s payday immediately after the day on which the surviving partner died if: (a) (b) neither the surviving partner nor the deceased partner had died; and if, immediately before the deceased partner’s death, the couple were an illness separated couple or a respite care couple—they were not such a couple.

Note: For illness separated couple and respite care couple see subsections 4(7) and (8).

Step 3.
Step 3.

Add the results of Step 1 and Step 2: the result is called the combined rate.

518 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Parenting payment Part 2.10 Bereavement payments Division 9 Section 514F Step 4.
Work out the amount of pension PP (single) that would, if section 514D did not apply, have been payable to the surviving partner on the surviving partner’s payday immediately after the day on which the surviving partner died if the surviving partner had not died: the result is called the surviving partner’s individual rate.

Step 5.

Take the surviving partner’s individual rate away from the combined rate: the result is called the deceased partner’s instalment component.

Step 6.
Step 6.

Work out the number of the deceased partner’s paydays in the period that commences on the day on which the surviving partner dies and ends on the day on which the bereavement period ends.

Step 7.

Multiply the deceased partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section.

Note: For bereavement period and first available bereavement adjustment payday see section 21.
514F Matters affecting payments under this Subdivision (1) If: (a) the surviving partner is qualified for payments under this Subdivision; and (b) after the deceased partner died, an amount to which the deceased partner would have been entitled if he or she had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act; and (c) the Secretary is not satisfied that the surviving partner has not had the benefit of that amount; the following provisions have effect: (d) the amount referred to in paragraph (b) is not recoverable from the surviving partner or from the personal Social Security Act 1991 519 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.10 Parenting payment Division 9 Bereavement payments Section 514FA representative of the deceased partner, except to the extent (if any) that the amount exceeds the amount payable to the surviving partner under this Subdivision; (e) the amount payable to the surviving partner under this Subdivision is to be reduced by the amount referred to in paragraph (b).
(2) If: (a) the surviving partner is qualified for payments under this Subdivision; and (b) an amount to which the deceased partner would have been entitled if the deceased partner had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and (c) the bank pays to the surviving partner, out of that account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b); the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the deceased partner or anyone else in respect of the payment of that money to the surviving partner.
Note: For bereavement period see section 21.
Subdivision D—Bereavement payment in respect of a person who was a CDEP Scheme participant 514FA Calculation of bereavement payment in respect of former CDEP Scheme participant If a benefit becomes payable under this Division in respect of a person who was a CDEP Scheme participant in respect of the day on which the benefit becomes payable, the amount of the benefit is to be the amount that would have been the amount of the benefit if section 500W had not been enacted.
Note: For CDEP Scheme participant see section 1188B.
520 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 540 Part 2.11—Youth allowance Division 1—Qualification for youth allowance Subdivision A—Basic qualifications 540 Qualification for youth allowance—general rule (1) Subject to this Subdivision, a person is qualified for a youth allowance in respect of a period if: (a) either of the following appliesthroughout the period: (i) throughout the period the person satisfies the activity test (see Subdivision B) or is not required to satisfy the activity test (see Subdivision C); (i) the person is undertaking full-time study (see section 541B); or (ia) the person is exempt from undertaking full-time study (see Subdivision C) but the person satisfies the Secretary that the person would otherwise be undertaking full-time study (see section 541B); or (ib) the person satisfies subsection (2); or (ii) the person is a CDEP Scheme participant (see section 1188B) in respect of the period; and (b) throughout the period the person is of youth allowance age (see Subdivision D); and (c) throughout the period the person satisfies any requirements relating to Youth Allowance Employment Pathway Plans that apply to the person under Subdivision E; and (d) throughout the period, the person: (i) is an Australian resident; or (ii) is exempt from the residence requirement within the meaning of subsection 7(7).
Note 1: Subdivision G provides for prospective qualification for youth allowance.

Social Security Act 1991 521 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 1 Qualification for youth allowance Section 540A Note 2: Division 2 sets out situations in which youth allowance is not payable even if the person qualifies for it.
(2) A person satisfies this subsection if: (a) the following apply: (i) the person satisfies the employment pathway plan requirements; (ii) the person satisfies the Employment Secretary that the person is willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person; (iii) the person is not undertaking full-time paid work for at least 35 hours per week; or (b) the following apply: (i) the person is, under Subdivision C of Division 2A of Part 3 of the Administration Act, not required to satisfy the employment pathway plan requirements; (ii) the person satisfies the Employment Secretary that the person would otherwise be willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person; (iii) the person is not undertaking full-time paid work for at least 35 hours per week.
Note 1: Note 2: For satisfies the employment pathway plan requirements, see subsection 23(1).

See Division 2B of Part 3 of the Administration Act for the circumstances in which paid work is unsuitable to be done by a person.
540A Qualification for youth allowance—claimants for disability support pension General rule (1) Subject to this Subdivision, a person is qualified for a youth allowance in respect of a period if: 522 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 540A (b) throughout the period, the person is of youth allowance age (see Subdivision D); and (c) the person made a claim for disability support pension at or before the start of the period and the claim was not determined before the end of the period; and (d) the Secretary is satisfied that, throughout the period, the person suffers from a medical condition that had a significant adverse effect on the person’s ability to work or study; and (e) throughout the period, the person satisfies the residency requirements that apply to the person under Subdivision F; and (f) the person satisfies any one of the conditions in subsection (2).
Conditions for qualification (2) The conditions referred to in paragraph (1)(f) are: (a) a condition that the person was an Australian resident when the significant adverse effect of the medical condition on the person’s ability to work or study first occurred; and (b) a condition that at the start of the period the person had 10 years qualifying Australian residence or had a qualifying residence exemption for a social security benefit or youth training allowance; and (c) a condition that: (i) the person was born outside Australia; and (ii) when the significant adverse effect of the medical condition first occurred the person was not an Australian resident but was a dependent child of an Australian resident; and (iii) the person became an Australian resident while a dependent child of an Australian resident.
Note 1: Note 2: Subdivision G provides for prospective qualification for youth allowance.

Division 2 sets out situations in which youth allowance is not payable even if the person qualifies for it.
Social Security Act 1991 523 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 1 Qualification for youth allowance Section 540AA 540AA Qualification for youth allowance—new apprentices Subject to this Subdivision, a person is qualified for a youth allowance in respect of a period if, throughout the period: (a) the person is a new apprentice; and (b) the person is of youth allowance age (see Subdivision D); and (c) the person: (i) is an Australian resident; or (ii) is exempt from the residence requirement within the meaning of subsection 7(7).
Subdivision G provides for prospective qualification for youth allowance.

Division 2 sets out situations in which youth allowance is not payable even if the person qualifies for it.
Note 1: Note 2: 540AB Qualification for youth allowance—claimants with medical conditions affecting their capacity to work General rule (1) Subject to this Subdivision, a person is qualified for a youth allowance in respect of the period starting in accordance with subsection (2) and ending in accordance with subsection (3) if: (a) the person satisfies the Secretary that throughout the period the person is unemployed; and (b) throughout the period, the person is of youth allowance age (see Subdivision D); and (c) the person has made a claim, or is taken to have made a claim, for youth allowance; and (d) the person satisfies the Secretary that it is likely that the person has a permanent medical condition that would prevent the person from undertaking full-time work; and (e) the person satisfies the Secretary that it would be unreasonable to expect the person to satisfy the activity testenter into an employment pathway plan until an 524 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 540AB assessment of the person’s capacity to work has been undertaken; and (f) throughout the period, the person: (i) is an Australian resident; or (ii) is exempt from the residence requirement within the meaning of subsection 7(7).
Note 1: Note 2: Subdivision G provides for prospective qualification for youth allowance.

Division 2 sets out situations in which youth allowance is not payable even if the person qualifies for it.
Period for which person is qualified (2) The period for which the person is qualified for a youth allowance under this section starts: (a) if the person is already receiving youth allowance when the Secretary becomes aware of the medical condition referred to in paragraph (1)(d)—when the Secretary becomes aware of the medical condition; or (b) otherwise—when the person made, or is taken to have made, the claim for youth allowance.
(3) The period for which the person is qualified for a youth allowance under this section ends: (a) if the person has failed to comply with a requirement to enter into a Youth Allowance Employment Pathway Plan—on the day on which the person so failed; or (b) in any other case—when the person enters into a Youth Allowance Employment Pathway Plan.
Extending the meaning of who is unemployed (4) The Secretary may, for the purposes of this section, treat a person as being unemployed throughout a period if: (a) during the period, the person undertakes: (i) paid work that, in the Secretary’s opinion, is suitable for the person to undertake; or Social Security Act 1991 525 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 1 Qualification for youth allowance Section 540B (ii) any other activity; as a result of which he or she would, but for this subsection, not be taken to be unemployed; and (b) the Secretary is of the opinion that, taking into account: (i) the nature of the work or other activity; and (ii) the duration of the work or other activity; and (iii) any remuneration received for the work or other activity; and (iv) any other matters relating to the work or other activity, or to the person’s circumstances, that the Secretary considers relevant; the activity should be disregarded.
(5) However, the activity must not be or include an activity of a kind that the Secretary determines under subsection (6).

(6) The Secretary may determine, by legislative instrument, kinds of activities that are not to be taken into account for the purposes of subsection (4).
540B Qualification for youth allowance—transferee from social security pension If: (a) a person was receiving a social security pension; and (b) the person claims a youth allowance within 14 days after the day on which the last instalment of the person’s pension was paid; and (c) the person becomes qualified for a youth allowance at some time during the 14 day period but after the first day of that period; the person is taken to be qualified for a youth allowance for the whole of the 14 day period.
526 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 540BA 540BA Qualification for youth allowance—coronavirus A person is qualified for a youth allowance in respect of a period that occurs between 1 April 2021 and 30 June 2021 if: (a) the Secretary is satisfied that the person is in quarantine or self-isolation as a result of advice from, or a requirement made by, the Commonwealth, a State or a Territory or a health professional regarding the coronavirus known as COVID-19, or is caring for an immediate family member or a member of the person’s household who is in such quarantine or self-isolation, throughout the period; and (b) the Secretary is satisfied that, as a result of the circumstance in paragraph (a), the person’s working hours were reduced (including to zero); and (c) throughout the period the person satisfies the activity test (see Subdivision B) or is not required to satisfy the activity test (see Subdivision C); and (d) the Secretary is satisfied that: (i) the person is not entitled to receive a leave payment in respect of the period; or (ii) the person has taken reasonable steps to access any leave payment to which the person may be entitled in respect of the period; or (iii) the person is receiving a leave payment in respect of the period but, as a result of the adverse economic effects of the coronavirus known as
 COVID-19, the payment is less than it would otherwise have been; or (iv) the person is receiving a leave payment in respect of the period, but the total amount of the leave payment in the period is less than the amount of youth allowance that would be payable to the person in the period if the person’s claim were granted; and (e) throughout the period the person is of youth allowance age (see Subdivision D); and (f) throughout the period the person: (i) is an Australian resident; or Social Security Act 1991 527 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 1 Qualification for youth allowance Section 540C (ii) is exempt from the residence requirement within the meaning of subsection 7(7).
540C Qualification for youth allowance may continue to end of payment period If: (a) a person is receiving a youth allowance; and (b) apart from this section, the person would cease on a particular day to be qualified for the allowance because the person has attained the maximum age for youth allowance; and (c) the day falls in, but is not the last day of, a period for which an instalment of youth allowance is payable to the person; the person continues to be qualified for the allowance until the end of that period.
Subdivision B Activity test Subdivision B—Undertaking full-time study 541 Activity test General (1) Subject to section 541A and subsection (3) of this section, a person satisfies the activity test in respect of a period if: (a) the person satisfies the Secretary that, throughout the period, the person is undertaking full time study (see section 541B); or (b) subject to subsection (4), the person (not being an early school leaver) satisfies the Secretary that, throughout the period, the person is actively seeking, and willing to undertake, paid work in Australia (other than paid work that is unsuitable for the person).
Note: See section 541D on paid work that is unsuitable.
528 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 541 Persons who comply with Employment Pathway Plan (1AA) Subject to section 541A and subsection (3) of this section, a person also satisfies the activity test in respect of a period if: (a) throughout the period, the person complies with the terms of a Youth Allowance Employment Pathway Plan that is in force in relation to the person; and (b) any of the following subparagraphs applies in relation to the person: (ia) the person is an early school leaver; (i) the person is included in a class of persons specified in an instrument made under subsection (1AB); (ii) the Secretary determines that the person should be taken to satisfy the activity test in respect of that period.
(1AB) The Secretary may, by legislative instrument, specify classes of persons for the purposes of subparagraph (1AA)(b)(i).

Certain principal carers and people with partial capacity to work (1B) A person who: (a) is the principal carer of at least one child; or (b) has a partial capacity to work; is taken to satisfy the activity test in respect of a period if, during the period, the person is engaged for at least 30 hours per fortnight in paid work that the Secretary regards as suitable.
Note 1: For principal carer see subsections 5(15) to (24).

Note 2: For partial capacity to work see section 16B.

Participation in the National Green Jobs Corps program (1C) A person also satisfies the activity test in respect of a period if, throughout the period, the person is participating in the National Green Jobs Corps program.
Requirement to undertake paid work (2) A person also satisfies the activity test in respect of a period if: Social Security Act 1991 529 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 1 Qualification for youth allowance Section 541 (aa) the person is not an early school leaver; and (a) the Secretary is of the opinion that, throughout the period, the person should undertake particular paid work, other than paid work that is unsuitable to be done by the person; and Note: See section 541D on paid work that is unsuitable.
(b) the Secretary notifies the person that the person is required to act in accordance with the opinion; and (c) the person complies, throughout the period, with the Secretary’s requirement.
(2A) To avoid doubt, the work that the person is required to undertake under subsection (2) may involve a number of hours per week that differs from the number of hours of work per week that the person is required to seek to comply with a Youth Allowance Employment Pathway Plan that is in force in relation to the person.
(2B) A person cannot be taken to satisfy the activity test throughout a period if the person fails to comply with a requirement under subsection (2): (a) whether or not the person complies with subsection (1) or (1AA); and (b) whether or not another provision of this Act under which the activity test is satisfied, or taken to be satisfied, applies (or would apart from this section apply) to the person.

Full time employees etc.
(3) A person cannot be taken to satisfy the activity test if: (a) the person is a new apprentice; or (b) except in the case of a person who is undertaking full time the person is employed in full time paid work for at study least: (i) 35 hours per week; or (ii) such lesser period per week as is, in the Secretary’s opinion, the normal number of hours per week that constitutes full time work in the industry in which the person is employed; or 530 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 541A (c) except in the case of a person who is undertaking full time the person is, in the Secretary’s opinion, involved to study a substantial degree in the operation of a family business and, in the Secretary’s opinion, should not be taken to satisfy the activity test.
People who cease undertaking full time study (4) For the purposes of paragraph (1)(b), a person who has: (a) ceased undertaking full time study; and (b) been given a notice under section 68 of the Administration Act that has the effect of requiring the person to inform the Department of that cessation; and (c) refused or failed to comply with the notice in respect of that cessation; cannot satisfy the Secretary that, at a particular time after the refusal or failure, the person is actively seeking, and willing to undertake, paid work in Australia unless, before that time, the person has informed the Department of that cessation or the Department has become aware of that cessation.
Note: For undertaking full-time study see section 541B.
541A Failure to satisfy the activity test (1) A person cannot be taken to satisfy the activity test in respect of a period if: (a) the person fails to comply, throughout the period, with a requirement of the Secretary under subsection 541(2); or (b) the person fails, throughout the period, to comply with the requirements in a Youth Allowance Employment Pathway Plan applying to the person; or (c) the person (not being an early school leaver) refuses or fails, without reasonable excuse, to attend a job interview; or (d) the person voluntarily ceases, without reasonable excuse, to take part in, or is dismissed for misconduct from, a labour market program; or Social Security Act 1991 531 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 1 Qualification for youth allowance Section 541B (e) the person refuses or fails to commence, or to complete, an approved program of work for income support payment that the person is required to undertake; or (f) the person refuses or fails to comply with the conditions of such a program.
(2) Paragraphs (1)(d) to (f) apply in relation to a person who is an early school leaver only if: (a) a Youth Allowance Employment Pathway Plan is in force in relation to the person; and (b) the plan requires the person to take part in a labour market program or, as the case may be, to undertake an approved program of work for income support payment.
541B Undertaking full-time study General (1) For the purposes of this Act, a person is undertaking full-time study if: (a) the person: (i) is enrolled in a course of education at an educational institution; or (ii) was enrolled in the course and satisfies the Secretary that he or she intends, and has (since no longer being enrolled) always intended, to re-enrol in the course when re-enrolments in the course are next accepted; or (iii) was enrolled in the course and satisfies the Secretary that he or she intends, and has (since no longer being enrolled) always intended, to enrol in another course of education (at the same or a different educational institution) when enrolments in the other course are next accepted; and (b) the person: (i) is undertaking in the particular study period (such as, for example, a semester) for which he or she is enrolled for the course; or 532 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 541B (ii) intends to undertake in the next study period for which he or she intends to enrol for the course; either: (iii) in a case to which subsection (1A) does not apply—at least three-quarters of the normal amount of full-time study in respect of the course for that period (see subsections (2) to (4)); or (iv) in a case to which subsection (1A) applies—at least two-thirds of the normal amount of full-time study in respect of the course for that period (see subsections (2) to (4)); and (c) the course in question is an approved course of education or study (see subsection (5)); and (d) in the Secretary’s opinion, the person is making satisfactory progress towards completing the course.
Note: Only one course of education can be considered in deciding if a person satisfies the undertaking full-time study requirement: see section 541C.
When two-thirds study load applies (1A) This subsection applies for the purposes of subparagraph (1)(b)(iv) if the person cannot undertake the normal amount of full-time study in respect of the course for that period: (a) because of the usual requirements of the institution in question in respect of the course; or (b) because of a specific direction in writing to the student from the academic registrar, or an equivalent officer, of the institution in question; or (c) because the academic registrar, or an equivalent officer, of the institution in question recommends in writing that the person undertake the amount of study mentioned in subparagraph (1)(b)(iv) in respect of the course for specified academic or vocational reasons.
Paragraph (c) applies for no longer than half of the academic year.
Social Security Act 1991 533 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 1 Qualification for youth allowance Section 541B Meaning of normal amount of full-time study (2) For the purposes of paragraph (1)(b), the normal amount of full-time study in respect of a course is: (a) if: (i) the course is a course of study within the meaning of the Higher Education Support Act 2003; and (ii) there are Commonwealth supported students (within the meaning of that Act) enrolled in the course; the full-time student load for the course; or (b) if the course is not such a course and the institution defines an amount of full-time study that a full-time student should typically undertake in respect of the course—the amount so defined; or (c) otherwise—an amount of full-time study equivalent to the average amount of full-time study that a person would have to undertake for the duration of the course in order to complete the course in the minimum amount of time needed to complete it.
Alternative meaning of normal amount of full-time study (3) For the purposes of paragraph (1)(b), and without limiting subsection (2), the normal amount of full-time study in respect of a course is an average, taken over the duration of the period for which the person in question is enrolled in the course, of 20 contact hours per week.
Meaning of satisfactory progress (3A) In forming an opinion about whether a person is making satisfactory progress for the purpose of paragraph (1)(d), the Secretary is to have regard to the guidelines.

(3B) The Minister, by legislative instrument: (a) is to set guidelines for the exercise of the Secretary’s discretion under subsection (3A); and (b) may revoke or vary those guidelines.
534 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 541C First fortnight of classes (4) For the purposes of paragraph (1)(b), a person is taken to be undertaking full-time study in respect of a course during the period (the relevant period): (a) starting on the first day of classes in a study period; and (b) ending on the Friday of the second week of classes in the study period; if the person is enrolled in the course and undertakes study in respect of the course on at least one day in the relevant period.
Meaning of approved course of education or study (5) For the purposes of paragraph (1)(c), the course is an approved course of education or study if it is a course determined, under section 5D of the Student Assistance Act 1973, to be a secondary course or a tertiary course for the purposes of that Act.
541C One course of education (1) Whether subparagraph 541B(1)(a)(i) or (ii) and paragraphs 541B(1)(b), (c) and (d) are satisfied in relation to a person is to be determined in relation to only one course of education.

(2) Whether a person satisfies the Secretary of the person’s intention mentioned in subparagraph 541B(1)(a)(iii) and whether paragraphs 541B(1)(b), (c) and (d) are satisfied in relation to the person is to be determined in relation to only one course of education.
Note 1: Note 2: The effect of this section is that 2 or more courses of education for a person cannot be aggregated to satisfy the undertaking full-time study requirement.

The one course of education may be a combined course: see the legislative instrument made under section 5D of the Student Assistance Act 1973.
Social Security Act 1991 535 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 1 Qualification for youth allowance Section 541D 541D Unsuitable paid work What is unsuitable paid work (1) Subject to subsections (1A) and (1B), for the purposes of section 541, particular paid work is unsuitable for a person if, and only if, in the Secretary’s opinion: (a) the person lacks the particular skills, experience or qualifications that are needed to perform the work and no training will be provided by the employer; or (b) it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or (ba) the person is the principal carer for one or more children, and does not have access to appropriate care and supervision for the children at the times when the person would be required to undertake the work; or Note: For principal carer see subsections 5(15) to (24).
(c) performing the work in the conditions in which the work would be performed would constitute a risk to health or safety and would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or (e) the terms and conditions for the work would be less generous than the applicable statutory conditions; or (g) commuting between the person’s home and the place of work would be unreasonably difficult; or (ga) the place of work is not accessible by public transport services and the person does not have access to alternative transport facilities and could not reasonably be expected to travel to the place of work; or (h) the work would require enlistment in the Defence Force or the Reserves; or (ha) the work requires the person to move from a home in one place to a home in another place; or 536 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 541D (i) for any other reason, the work is unsuitable for the person.
(1AA) A person has, for the purposes of paragraph (1)(ba), access to appropriate care and supervision for a child at a particular time if, at that time: (a) the child could be provided with care by an approved child care service (within the meaning of the Family Assistance Administration Act), and provision of that care would, in the Secretary’s opinion, be appropriate in the circumstances; or (b) the child could be provided with other care that the person considers to be suitable; or (c) the child could be attending school, and attendance at that school would, in the Secretary’s opinion, be appropriate in the circumstances.
(1AB) For the purposes of paragraph (1)(ba), a time when the person would be required to undertake the work includes reasonable amounts of time that would be needed for the person to travel from the person’s home to the place of work and from the place of work to the person’s home.

(1AC) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether, for the purposes of paragraph (1)(i), particular paid work is unsuitable for a person.
(1AD) To avoid doubt, a determination under subsection (1AC) does not limit the matters that the Secretary may take into account in deciding whether, for the purposes of paragraph (1)(i), particular paid work is unsuitable for a person.
(1A) If: (a) a person seeks work in an area (the new area) that is outside the area (the old area) in which the person’s home is situated; and (b) the person is offered permanent full time work (whether or not work of the kind sought) in the new area; the work offered is not unsuitable for the person because of paragraph (1)(g), (ga) or (ha) unless: Social Security Act 1991 537 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 1 Qualification for youth allowance Section 541D (c) the person is under the age of 18; or (d) the person or the person’s partner is pregnant; or (e) the person or the person’s partner has a severe medical condition and the condition makes it unreasonable for the person to accept the offer; or (f) the acceptance of the offer would jeopardise the current employment, or the employment prospects, of the person’s partner; or (g) the person or the person’s partner has a child under the age of 16 years who is living with them or is living somewhere else in the old area; or (h) the person or the person’s partner has significant caring responsibilities in the old area; or (i) the educational, cultural or religious background of the person makes it unreasonable for the person to accept the offer; or (j) it is more appropriate for the person to participate in education or training than to accept the offer; or (k) the person would suffer severe financial hardship if the person were to accept the offer.
(1B) Without affecting what would otherwise constitute a person seeking work outside the area in which the person’s home is situated, if a person, when seeking employment through an employment service provider, represents to the provider that the person is willing to undertake work outside the area in which the person’s home is situated, the person is taken for the purposes of subsection (1A) to seek work outside the area at the time when the representation is made.
538 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 542 Subdivision C—Exemptions from the activity test Subdivision C—Exemptions from undertaking full-time study 542 Situations in which a person is not required to satisfy the activity test 542 Situations in which a person is exempt from undertaking full-time study For the purposes of this Part, a person is not required to satisfy the activity testexempt from undertaking full-time study in respect of a period if, throughout the period: (a) the person has a temporary incapacity exemption under section 542A; or (b) the person has a pre-natal exemption or a post-natal exemption under section 542D; or (c) the person has a remote area exemption under section 542E; or (ca) the person has a death of partner exemption under section 542EA; or (d) the person has a domestic violence or other special family circumstances exemption under section 542F; or (da) the person has a disabled children or other family circumstances exemption under section 542FA; or (db) the person has a new claimants exemption under section 542FB; or (e) the person has a training camp exemption under section 542G; or (f) the person has a special circumstances exemption under section 542H.
Social Security Act 1991 539 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 1 Qualification for youth allowance Section 542A 542A Temporary incapacity exemption General (1) Subject to subsection (2) of this section and sections 542B and 542C, a person has a temporary incapacity exemption if: (a) throughout the period the person: (a) throughout the period the person does not have the capacity to undertake the course of education in respect of which the person is undertaking full-time study because of sickness or an accident; and (i) if the person is undertaking full-time study—does not have the capacity to undertake the course of education in respect of which he or she is undertaking full-time study; or (ia) if the person is an early school leaver and a Youth Allowance Employment Pathway Plan is in force in relation to the person—does not have the capacity to undertake the required activities; or (ii) in any other case—is incapacitated for work; because of sickness or an accident; and (b) the incapacity is caused wholly, or virtually wholly, by a medical condition arising from the sickness or accident; and (c) the incapacity is, or is likely to be, of a temporary nature; and (d) the person has, whether before or after the commencement of this section, given the Secretary a certificate of a medical practitioner, in a form approved by the Secretary, stating: (i) the medical practitioner’s diagnosis;
 and (ii) the medical practitioner’s prognosis; and (iii) that the person is incapacitated for study, the required activities or work (as the case requires); and (iv) the period for which the person is incapacitated for study, the required activities or work (as the case requires); and 540 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 542A (e) the Secretary is satisfied that the incapacity has not been brought about with a view to obtaining an exemption from the activity testundertaking full-time study.
(1AA) Subsection (1) does not apply to sickness, or an accident, wholly or predominantly attributable to the person’s dependence on alcohol or another drug, unless the person is a declared program participant, a new apprentice or undertaking full-time study.
(1A) The Secretary must comply with the guidelines (if any) determined and in force under subsection (1B) in deciding the following: (a) whether subparagraph (1)(a)(ii) or paragraph (1)(b) or (c) applies to a person in respect of a period; (b) whether, for the purposes of paragraph (b) of the definition of work in subsection (3), work is of a kind that a person is reasonably capable of performing.
(1A) The Secretary must comply with the guidelines (if any) determined and in force under subsection (1B) in deciding whether paragraph (1)(b) or (c) applies to a person in respect of a period.

(1B) The Minister may, by legislative instrument, determine guidelines to be complied with by the Secretary in making a decision referred to in subsection (1A).

Claimants for disability support pension (2) This section does not apply to a person who is qualified for a youth allowance under section 540A.
Definitions (3) In this section: required activities, in relation to an early school leaver in relation to whom a Youth Allowance Employment Plan is in force, means the activities required to be undertaken by the plan.
work, in relation to a person, means work (whether full time, part time, permanent or casual) that: Social Security Act 1991 541 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 1 Qualification for youth allowance Section 542B (a) if the person was employed at the time the sickness or accident in question occurred perform under a contract of employment that: the person has contracted to (i) the person had immediately before the person becomes incapacitated; and (ii) continues after the person becomes incapacitated; and the person is (b) if the person was not employed at that time reasonably capable of performing; being work that is for at least 8 hours per week on wages that are at or above the relevant minimum wage.
542B Failure to attend interview etc.
may result in cessation of temporary incapacity exemption General (1) A person ceases to have a temporary incapacity exemption if: (a) the Secretary is of the opinion that the person should: (i) contact a particular officer of the Department; or (ii) attend an interview at a particular place; or (iii) complete a questionnaire; or (iv) attend a medical, psychiatric or psychological examination; and (b) the Secretary gives the person a written notice stating that the person is required, within a period stated in the notice, being a period of not less than 14 days, to: (i) contact the officer; or (ii) attend the interview; or (iii) complete the questionnaire; or (iv) attend the examination; or (v) if the person has undergone an examination—give the Secretary a report on the examination in the approved form; and (c) the Secretary is satisfied that it is reasonable for this section to apply to the person; and 542 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 542BA (d) the person does not comply with the requirement.
Contents of notice (2) A notice under paragraph (1)(b) must inform the person to whom it is given of the effect of failure by the person to comply with the requirement set out in the notice.
542BA Time limit for temporary incapacity exemptions capacity to undertake activity General (1) A person ceases to have a temporary incapacity exemption if the Secretary is satisfied that, although the person meets the requirements of section 542A, the person should undertake one or more activities that the Secretary regards as suitable for the person.
When cessation occurs (2) The cessation occurs: (a) if the person has been required to enter into a Youth Allowance Employment Pathway Plan but has failed to enter that plan when the person so failed; or (b) in any other case when the person has entered into such a plan.

Section 542C unaffected by this section (3) This section does not prevent a person ceasing to have a temporary incapacity exemption under section 542C.
542C Time limit for temporary incapacity exemptions—maximum exemption period General (1) A person ceases to have a temporary incapacity exemption if the person’s maximum exemption period ends.
Social Security Act 1991 543 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 1 Qualification for youth allowance Section 542C Maximum exemption period (2) Subject to this section, a person’s maximum exemption period is: (a) if the person has, whether before or after the commencement of this section, given the Secretary a medical certificate for the purpose of enabling the Secretary to decide whether the person was required to satisfy the activity testexempt from undertaking full-time study—the lesser of the following periods: (i) the period stated in the certificate as the period for which the person would be incapacitated for study, the required activities or work (as the case may be); (ii) the period of 13 weeks that started or starts on the first day of the period so stated in the certificate; or (b) otherwise—the period of 4 weeks that started or starts on the day determined by the Secretary to have been the day on which the person’s incapacity for study, the required activities or work (as the case may be) began.
Extension where paragraph 542A(1)(d) certificate given (3) If: (a) a person has a temporary incapacity exemption; and (b) the person has, whether before or after the commencement of this section, given the Secretary a certificate of a medical practitioner that states the matters listed in paragraph 542A(1)(d) and is in accordance with the form approved under that paragraph; and (c) the Secretary is satisfied that the person’s incapacity for study, the required activities or work (as the case may be) will continue after the end of the person’s maximum exemption period; 544 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 542C the Secretary may extend the person’s maximum exemption period by a period that is not more than the lesser of the following periods: (d) a period equal to the period stated in the certificate as the period for which the person would be incapacitated for study, the required activities or work (as the case may be); (e) 13 weeks.
Extension where paragraph 542A(1)(d) certificate given after end of maximum exemption period (4) If: (a) a person had a temporary incapacity exemption; and (b) within 14 days after the end of the person’s maximum exemption period, the person gives the Secretary a certificate of a medical practitioner that states the matters listed in paragraph 542A(1)(d) and is in accordance with the form approved under that paragraph; and (c) the Secretary is satisfied that the person’s incapacity for study, the required activities or work (as the case may be) has continued after the end of the person’s maximum exemption period and that the incapacity will continue; the Secretary may extend the maximum exemption period by a period of not more than the lesser of the following periods: (d) a period equal to the period stated in the certificate as the period for which the person would be incapacitated for study, the required activities or work (as the case may be); (e) 13 weeks.
Extension where other written evidence given (5) If: (a) a person has a temporary incapacity exemption; and (b) the person gives the Secretary written evidence (other than a certificate referred to in paragraph (3)(b)) that the person’s incapacity for study, the required activities or work (as the Social Security Act 1991 545 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 1 Qualification for youth allowance Section 542C case may be) will continue after the end of the person’s maximum exemption period; and (c) the Secretary is satisfied that: (i) the person’s circumstances make it unreasonable to expect the person to obtain a certificate referred to in paragraph (3)(b) before the end of the maximum exemption period; and (ii) the person’s incapacity for study, the required activities or work (as the case may be) will continue after the end of the person’s maximum exemption period; the Secretary may extend the person’s maximum exemption period by not more than 4 weeks.
Extension where other written evidence given after end of maximum exemption period (6) If: (a) a person had a temporary incapacity exemption; and (b) within 14 days after the end of the person’s maximum exemption period, the person gives the Secretary written evidence (other than a certificate referred to in paragraph (4)(b)) that the person’s incapacity for study, the required activities or work (as the case may be) will continue after the end of the person’s maximum exemption period; and (c) the Secretary is satisfied that: (i) the person’s circumstances make it unreasonable to expect the person to obtain a certificate referred to in paragraph (4)(b); and (ii) the person’s incapacity for study, the required activities or work (as the case may be) has continued after the end of the person’s maximum exemption period and that the incapacity will continue; the Secretary may extend the maximum exemption period by a period of not more than 4 weeks from the end of the previous maximum exemption period.
546 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 542D Extension where paragraph 542A(1)(d) certificate not considered in a timely manner (7) If: (a) a person has a temporary incapacity exemption; and (b) the person has, whether before or after the commencement of this section, given the Secretary a certificate referred to in paragraph (3)(b) before the end of the person’s maximum exemption period; and (c) before the end of the person’s maximum exemption period, the Secretary does not satisfy himself or herself that the person’s incapacity for study, the required activities or work (as the case may be) will continue after the end of that period; and (d) the sole or dominant cause of the Secretary failing so to satisfy himself or herself is an act or omission of an officer of the Department; the Secretary may extend the person’s maximum exemption period by not more than 4 weeks.
Section 542BA unaffected by this section (8) This section does not prevent a person ceasing to have a temporary incapacity exemption under section 542BA.

Definition (9) In this section: required activities has the meaning given by subsection 542A(3).
542D Pre-natal and post-natal exemptions Pre-natal exemption (1) A pregnant woman has a pre-natal exemption for the period that starts 6 weeks before the woman’s expected date of confinement and ends on the day on which the woman gives birth to the child (whether or not the child is born alive).
Social Security Act 1991 547 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 1 Qualification for youth allowance Section 542E Post-natal exemption (2) If a woman gives birth to a child (whether or not the child is born alive), the woman has a post-natal exemption for the period that starts on the day on which she gives birth to the child and ends 6 weeks after that day.
542E Remote area exemption General (1) Subject to subsection (2), a person has a remote area exemption in respect of a period if the Secretary considers that: (a) it would be reasonable to assume that, at the end of a period, a person is present in an area where: (i) there is no locally accessible labour market; and (ii) there is no locally accessible vocational training course or labour market program; and (iii) in a case where the person is an early school leaver there is no locally accessible approved course of training or education within the meaning given by subsection 544DA(6) (including any such course available by distance education); and (b) it would also be reasonable to assume that the person is throughout the period: (i) unemployed; and (ii) capable of undertaking paid work that in the Secretary’s opinion is suitable to be undertaken by the person; and (iii) willing to undertake paid work that in the Secretary’s opinion is suitable to be undertaken by the person; and (c) having regard to all the relevant factors, including: (i) the location of offices of the Department; and (ii) difficulties with transport and communication; and (iii) the educational and cultural background of the person; 548 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 542EA it would be unreasonable to expect the person to satisfy the activity test in order to be qualified for youth allowance for the period.
Note: The activity test is dealt with in Subdivision B.

Effect of subsection 541(2) notices (2) This section does not apply if the person has been notified of a requirement under subsection 541(2) in relation to the period.
542EA Relief from activity test—death of person’s partner 542EA Exemption from undertaking full-time study—death of person’s partner Claimants (1) If: (a) a person makes a claim for youth allowance on or after the commencement of this section; and (b) the person makes the claim after the death of the person’s partner on or after the commencement of this section; and (c) if the person is a man or a woman who was not pregnant when her partner died—the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and (d) if the person is a woman who was pregnant when her partner died—the person makes the claim: (i) in the period of 14 weeks starting on the day of the death of the partner; or (ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant; whichever ends later; then the person has a death of partner exemption in respect of the period applicable under paragraph (c) or (d).
Social Security Act 1991 549 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 1 Qualification for youth allowance Section 542EA Recipients (2) If: (a) a person is receiving youth allowance on or after the commencement of this section; and (b) while the person is receiving youth allowance, the person’s partner dies on or after the commencement of this section; and (c) if the person is a man or a woman who was not pregnant when her partner died—the person notifies the Secretary of the person’s partner’s death in the period of 14 weeks starting on the day of the death of the partner; and (d) if the person is a woman who was pregnant when her partner died—the person notifies the Secretary of the person’s partner’s death: (i) in the period of 14 weeks starting on the day of the death of the partner; or (ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant; whichever ends later; and (e) the person is receiving youth allowance on the day of the notification; then the person has a death of partner exemption in respect of the period applicable under paragraph (c) or (d).
550 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 542F 542F Domestic violence or other special family circumstances exemption General (1) A person has a domestic violence or other special family circumstances exemption in respect of a period that the Secretary determines under this section in relation to the person.
Circumstances in which a determination may be made (2) The Secretary may make a determination under this section in relation to the person if the Secretary is satisfied that: (a) the person: (i) is the principal carer of one or more children; and (ii) was subjected to domestic violence in the 26 weeks before the making of the determination; or (b) the person is the principal carer of one or more children, and there are special circumstances relating to the person’s family that make it appropriate to make the determination.
Note: For principal carer see subsections 5(15) to (24).

(2A) The Secretary must, by legislative instrument, specify matters that the Secretary must take into account in deciding whether there are special circumstances relating to a person’s family that make it appropriate to make a determination under this section.

(2B) To avoid doubt, an instrument made under subsection (2A) does not limit the matters that the Secretary may take into account in making a determination under subsection (2).
Duration of period (3) The period that the Secretary determines under this section must be the lesser of: (a) the period that the Secretary considers to be appropriate; or (b) 16 weeks.
Social Security Act 1991 551 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 1 Qualification for youth allowance Section 542FA (4) Any such period may be followed by one or more other periods (not exceeding 16 weeks) determined under this section in relation to the person.
(5) The period that the Secretary determines under this section must, despite subsection (3), be 16 weeks if the determination: (a) is made on grounds referred to in paragraph (2)(a) (or on grounds that include those grounds); and (b) is the first determination made on those grounds (or on grounds that include those grounds) in relation to the person on or after 1 July 2010.
Revocation of determination (6) The Secretary may revoke a determination under this section in relation to a person if the Secretary is satisfied that the grounds on which the determination was made no longer exist.

(7) Subsection (6) does not affect any operation that subsection 33(3) of the Acts Interpretation Act 1901 has in relation to a determination under this section.
542FA Disabled children or other family circumstances exemption General (1) A person has a disabled children or other family circumstances exemption in respect of a period that the Secretary determines under this section in relation to the person.
Circumstances in which a determination may be made (2) The Secretary may make a determination under this section in relation to the person if the Secretary is satisfied that the person is the principal carer of one or more children: (a) who suffer from a physical, intellectual or psychiatric disability or illness; and (b) whose care needs are such that the person should, for the period specified in the determination, not be required to 552 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 542FA satisfy the activity testbe exempt from undertaking full-time study.
Note: For principal carer see subsections 5(15) to (24).
(3) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that the person is the principal carer of one or more children, and that: (a) the person is a registered and active foster carer; or (b) the person is a home educator of that child, or one or more of those children; or (c) the person is a distance educator of that child, or one or more of those children; or (d) under a family law order that the person is complying with, a child, of whom the person is a relative (other than a parent), is to live with the person.
Note 1: For principal carer see subsections 5(15) to (24).

Note 2: For registered and active foster carer see section 5B.

Note 3: For home educator see section 5C.

Note 4: For distance educator see section 5D.

Note 5: For family law order see subsection 23(1).

Note 6: For relative (other than a parent) see section 5E.
(3A) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that: (a) the person is the principal carer of a child; and (b) the person is one or both of the following: (i) the principal carer of one or more other children; (ii) the main supporter of one or more secondary pupil children; and (c) there are 4 or more of the children of whom the person is the principal carer or main supporter.

Note 1: For principal carer see subsections 5(15) to (24).
Note 2: For main supporter see section 5G.

Note 3: For secondary pupil child see section 5F.
Social Security Act 1991 553 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 1 Qualification for youth allowance Section 542FA (3B) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that the person: (a) is not the principal carer of one or more children; and (b) is a registered and active foster carer; and (c) is providing foster care to a child temporarily in an emergency or to give respite to another person from caring for the child.
Note 1: For principal carer see subsections 5(15) to (24).

Note 2: For registered and active foster carer see section 5B.

(3C) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that the person: (a) is the main supporter of one or more secondary pupil children; and (b) is a home educator or distance educator of one or more of those children.

Note 1: For main supporter see section 5G.

Note 2: For secondary pupil child see section 5F.


Note 3: For home educator see section 5C.

Note 4: For distance educator see section 5D.
(3D) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that: (a) the person is the principal carer of one or more children; and (b) the person is a relative (other than a parent) of a child (the kin child); and (c) there is a document that: (i) provides for the kin child to live with the person for the care and wellbeing of the kin child; and (ii) is prepared or accepted by an authority of a State or Territory that has responsibility for the wellbeing of children; and (d) the person is acting in accordance with the document.
Note 1: For principal carer see subsections 5(15) to (24).

554 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 542FA Note 2: For relative (other than a parent) see section 5E.
(4) The Secretary may make a determination under this section in relation to the person if the Secretary is satisfied that: (a) the person is a person included in a class of persons specified under subsection (5); and (b) the person’s circumstances are such that the person should not be required to satisfy the activity testbe exempt from undertaking full-time study for the period.
(5) The Secretary may, by legislative instrument, specify classes of persons in respect of whom determinations under this section may be made.

Duration of period (6) The period that the Secretary determines under this section, except subsection (3B), must be the lesser of: (a) the period that the Secretary considers to be appropriate; or (b) 12 months.
(6A) The period that the Secretary determines under subsection (3B) in relation to the person must be the lesser of: (a) the period: (i) starting when the person starts to provide foster care to the child; and (ii) ending 12 weeks, or a shorter period determined by the Secretary, after the person ceases to provide foster care to the child; and (b) 12 months.
(7) A period determined by the Secretary under this section in relation to the person may be followed by one or more other periods (not exceeding 12 months) determined under this section in relation to the person.
Social Security Act 1991 555 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 1 Qualification for youth allowance Section 542FB Revocation of determination (8) The Secretary may revoke a determination under this section in relation to a person if the Secretary is satisfied that the grounds on which the determination was made no longer exist.
(9) Subsection (8) does not affect any operation that subsection 33(3) of the Acts Interpretation Act 1901 has in relation to a determination under this section.
542FB New claimants exemption General (1) A person has a new claimants exemption in respect of the period to which subsection (4) applies if: (a) during the period, the person undertakes: (i) paid work that, in the Secretary’s opinion, is suitable for the person to undertake; or (ii) any other activity; and (b) the Secretary is of the opinion that, taking into account: (i) the nature of the work or other activity; and (ii) the duration of the work or other activity; and (iii) any remuneration received for the work or other activity; and (iv) any other matters relating to the work or other activity, or to the person’s circumstances, that the Secretary considers relevant; it would be unreasonable to expect the person to satisfy the activity test for the period.
Work or other activities that are not to be taken into account (2) However, the work or other activity must not be or include any work or other activity of a kind that the Secretary determines under subsection (3).
556 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 542G (3) The Secretary may determine, by legislative instrument, kinds of work or other activity that are not to be taken into account for the purposes of subsection (1).
Duration of period (4) This subsection applies to the period: (a) starting: (i) when the person made a claim, or is taken to have made a claim, for youth allowance; or (ii) when the person started to undertake the work or other activity; whichever happens later; and (b) ending: (i) if the person has been required to enter into a Youth Allowance Employment Pathway Plan but has failed to enter that plan when the person so failed; or (ii) in any other case when the person has entered into such a plan.
542G Training camp exemption A person has a training camp exemption if the person is attending a training camp as a member of: (a) the Naval Reserve; or (b) the Army Reserve; or (c) the Air Force Reserve.
542H Special circumstances exemption General (1) Subject to subsections (2) and (3), a person has a special circumstances exemption in respect of a period if: (a) the Secretary is satisfied that special circumstances, beyond the person’s control, exist; and Social Security Act 1991 557 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 1 Qualification for youth allowance Section 542H (b) the Secretary is satisfied that in those circumstances it would be unreasonable to expect the person to satisfy the activity testundertake full-time study for that period.
(1AA) Subsection (1) does not apply to circumstances wholly or predominantly attributable to the person’s misuse of alcohol or another drug, unless the person is a declared program participant, a new apprentice or undertaking full-time study.

Meaning of special circumstances (1A) In making a decision under subsection (1), the Secretary is to have regard to the guidelines.
(1B) The Minister, by legislative instrument: (a) is to set guidelines for the exercise of the Secretary’s discretion under subsection (1A); and (b) may revoke or vary those guidelines.

Duration of period (2) The period referred to in subsection (1) is not to be more than 13 weeks.
Duration where a number of determinations made (3) If: (a) the Secretary makes more than one decision under subsection (1) or under subsection 731E(1); and (b) the periods to which the decisions relate form a continuous period; the continuous period is not to be more than 13 weeks, unless the Secretary decides otherwise, having regard to the continued existence, or likely continued existence, of the special circumstances on which the last preceding decision was based.
558 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 543 Subdivision D—Youth allowance age 543 Youth allowance age For the purposes of this Part, a person is of youth allowance age if the person: (a) has attained the minimum age for youth allowance (see section 543A); and (b) has not yet attained the maximum age for youth allowance (see section 543B).
543A Minimum age for youth allowance General (1) Subject to this section, the person has attained the minimum age for youth allowance if the person: (a) is at least 16 years old; or (b) is 15 years old and is independent.

Note: For independent see section 1067A.
(2) Subject to subsections (2AA), (2A) and (2B), a person who satisfies paragraph (1)(a) or (b) but is not yet 18 years old is not taken under subsection (1) to have attained the minimum age for youth allowance unless the person: (a) has completed the final year of secondary school, or an equivalent level of education; or (b) is undertaking full-time study; or (c) the person has entered into or agreed to enter into a Youth Allowance Employment Pathway Plan; or (c) has entered into or agreed to enter into an employment pathway plan; or (d) is a new apprentice.
(2AA) Paragraph (2)(b) does not apply to a person who is aged 16 or 17 and who is undertaking full-time study in respect of a secondary Social Security Act 1991 559 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 1 Qualification for youth allowance Section 543A course at a secondary school (within the meaning of the Student Assistance Act 1973) or at a TAFE institution unless: (a) the person is independent (see section 1067A); or (b) the person is taken by section 1067D to be required to live away from home; or (c) the person was receiving youth allowance immediately before starting that course; or (d) the Secretary determines that the person is not benefiting from family tax benefit that is being paid to the person’s parents.
(2AB) For the purposes of subsection (2AA), a secondary course is a course that is determined, under section 5D of the Student Assistance Act 1973, to be a secondary course for the purposes of that Act.
(2A) Subject to subsection (2B), subsection (2) does not apply to the person if the Secretary considers that the person does not have the capacity to undertake full-time study or training because he or she: (a) is ill or has had an accident and the incapacity is, or is likely to be, of a temporary nature; or (b) has a physical, psychiatric or intellectual disability, or a learning difficulty such as attention deficit disorder; or (c) is pregnant and the expected date of confinement is within 6 weeks; or (d) has given birth within the previous 6 weeks; or (f) has been refused enrolment and no other education or training place is available within a reasonable distance; or (g) is required to provide full-time care for a family member who is incapacitated due to illness or accident and the incapacity is, or is likely to be, of a temporary nature; or (h) has suffered a personal crisis such as the death of an immediate family member, a marriage breakup, family dislocation or physical, emotional or sexual abuse; or (i) is homeless and unable to obtain stable accommodation; or 560 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 543A (j) has suffered a major disruption of their home such as fire damage, flooding, earthquake damage, vandalism or burglary; or (k) suffers from alcohol or drug abuse sufficient to cause intermittent or temporary
 absences from full-time study or training; or (l) is engaged in part-time work, education, training or a combination of these for not less than 25 hours per week; or (m) is a refugee whose capacity to undertake full-time education is reduced because: (i) the person has suffered torture, imprisonment or other traumatic circumstances; or (ii) lacks sufficient English skills; or (iii) is recently arrived and lacks stable accommodation; or (n) is the subject of a community service or juvenile justice order which reduces the person’s capacity to engage in full-time education; or (p) is receiving Commonwealth funded intensive assistance for jobseekers or State, Territory or community provided case management approved by the Secretary or, where no intensive assistance or case management place is available to the person, is suitable for and agrees to undertake intensive assistance or case management; or (q) is in other circumstances which, in the opinion of the Secretary, make it unreasonable for the person to be in full-time education or training.
(2B) If the following circumstances exist in relation to the person in respect of a period (the qualifying period): (a) except for paragraph 540(b)540(1)(b), the person would be qualified for a youth allowance in respect of the qualifying period; (b) the person is taken to have attained the minimum age for youth allowance in respect of the qualifying period only because one or more of the grounds (the precluding grounds) referred to in subsection (2A) preclude subsection (2) from applying to the person; Social Security Act 1991 561 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 1 Qualification for youth allowance Section 543B the person is qualified for youth allowance under section 540 only in respect of so much of the qualifying period as does not exceed: (c) if the only precluding ground is the ground referred to in paragraph (2A)(c) or (d)—6 weeks; or (d) if the only precluding ground is the ground referred to in paragraph (2A)(h) or (j)—2 weeks; or (e) if the only precluding ground is the ground referred to in paragraph (2A)(l)—the period for which the work, education or training lasts; or (f) if the only precluding grounds are 2 or more of the grounds referred to in paragraphs (2A)(c), (d), (h), (j) and (l)—the longer or longest period prescribed by paragraphs (c), (d) and (e) of this subsection in relation to those precluding grounds; or (g) otherwise—13 weeks or such longer period as the Secretary approves.
Independent persons (3) For the purposes of this section, the person cannot be taken to be independent unless the person: (a) has reached the minimum school leaving age for the State or Territory in which the person is living; or (b) is the subject of a formal exemption from attending school granted by the education authority of that State or Territory.
543B Maximum age for youth allowance General (1) Subject to subsection (2), the person has attained the maximum age for youth allowance if: (a) the person is not undertaking full-time study and is at least 22 years old; or (b) the person: (i) is undertaking full-time study in respect of a course of education that is to last for less than 12 months; and 562 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 544 (ii) was, immediately before starting the course of education, receiving jobseeker payment; and (iii) is at least 22 years old; or (c) the person is undertaking full-time study and is at least 25 years old; or (d) the person is not a new apprentice and is at least 22 years old; or (e) the person is a new apprentice and is at least 25 years old.
Continuance of full-time study after turning 25 (2) If the person is at least 25 years old, the person is taken not to have attained the maximum age for youth allowance if the person: (a) was receiving youth allowance immediately before turning 25; and (b) is either: (i) undertaking full-time study in respect of a course of education that the person had commenced before turning 25; or (ii) a new apprentice and became a new apprentice before turning 25.
Subdivision E Youth Allowance Employment Pathway Plans 544 Requirements relating to Youth Allowance Employment Pathway Plans (1) The requirements that apply to a person relating to Youth Allowance Employment Pathway Plans in respect of a period are as follows: (a) the person must enter into a Youth Allowance Employment Pathway Plan in relation to the period when the person is required by the Secretary under section 544A to do so; and (b) while the plan is in force, the person must comply with the requirements in the plan; and Social Security Act 1991 563 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 1 Qualification for youth allowance Section 544A (c) at all times when the plan is in force, the person must be prepared to enter into another such plan instead of the existing plan, if required to do so by the Secretary.
(3) For the purposes of this Part, if: (a) a person starts to receive youth allowance on a particular day; and (b) immediately before that day a Special Benefit Employment Pathway Plan was in force in relation to the person; and (c) the period covered by the plan ends after that day; the plan has effect on or after that day as if it were a Youth Allowance Employment Pathway Plan.
(4) For the purposes of this Part, if: (a) a person starts to receive youth allowance on a particular day; and (b) immediately before that day, a Parenting Payment Employment Pathway Plan was in force in relation to the person; and (c) the period covered by the plan ends after that day; the plan has effect on and after that day as if it were a Youth Allowance Employment Pathway Plan.
544A Youth Allowance Employment Pathway Plans requirement Requirement to enter into plan (1) If a Youth Allowance Employment Pathway Plan is not in force in relation to a person, the Secretary may require the person to enter into such a plan if: (a) the person is receiving, or has made a claim for, a youth allowance; or (b) the Department is contacted by or on behalf of the person in relation to a claim for a youth allowance.
564 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 544A Persons who have certain exemptions etc.
are not to be required to enter plans (2) A person who: (b) has a pre natal exemption or a post natal exemption under section 542D; or (baa) has a death of partner exemption under section 542EA; or (ba) has a domestic violence or other special family circumstances exemption under section 542F; or (bb) has a disabled children or other family circumstances exemption under section 542FA; or (c) is qualified for a youth allowance under section 540A; is not to be required to enter into a Youth Allowance Employment Pathway Plan.
Persons who have a temporary incapacity exemption (2A) A person who has a temporary incapacity exemption under section 542A is not to be required to enter into a Youth Allowance Employment Pathway Plan unless subsection 542BA(1) applies to the person.

Requirement to enter another plan (3) If a Youth Allowance Employment Pathway Plan is in force in relation to a person, the Secretary may require the person to enter into another plan instead of the existing one.
Notice of requirement (4) The Secretary is to give a person who is required to enter into a Youth Allowance Employment Pathway Plan notice of: (a) the requirement; and (b) the places and times, being places and times which are reasonable in all the circumstances, at which the plan is to be negotiated; and (c) the effect of failure by the person to comply with the requirement.
Social Security Act 1991 565 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 1 Qualification for youth allowance Section 544B Form of plan (5) A Youth Allowance Employment Pathway Plan must be in a form approved by the Secretary.
544B Youth Allowance Employment Pathway Plans terms Suitable requirements (1) Subject to sections 544C, 544D and 544DA, a Youth Allowance Employment Pathway Plan that is in force in relation to a person is to contain one or more terms (the requirements) that: (a) the person is required to comply with; and (b) the Secretary regards as suitable for the person.

(1A) A plan must not contain a requirement of a kind that the Secretary determines under subsection (1B).
(1B) The Secretary must determine, by legislative instrument, kinds of requirements that plans must not contain.

(1C) To avoid doubt, a determination under subsection (1B) does not limit the Secretary’s discretion to exclude other kinds of requirements from a particular plan under subsection (1).

Optional terms (1D) A plan may also contain one or more terms that the person may, but is not required to, comply with.
Approval of requirements (2) The requirements in a plan are to be approved by the Secretary.

(3) In considering whether to approve the requirements in a plan that will be in force in relation to a person, the Secretary is to have regard to: (a) the person’s capacity to comply with the requirements; and (b) the person’s needs.
566 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 544B (4) In having regard to a person’s capacity to comply with the requirements in a plan, the Secretary is to take into account, but is not limited to the following matters: (a) the person’s education, experience, skills and age; (aa) the impact of any disability, illness, mental condition or physical condition of the person on the person’s ability to work, to look for work or to participate in training activities; (b) the state of the local labour market and the transport options available to the person in accessing that market; and (c) the participation opportunities available to the person; and (d) the family and caring responsibilities of the person; and (e) the length of travel time required to comply with the requirements; and (f) the financial costs (such as travel costs) of complying with the requirements, and the person’s capacity to pay for such costs; and (g) any other matters that the Secretary or the person considers relevant in the circumstances.
Variation, suspension, cancellation and review (5) A plan that is in force in relation to a person: (a) may be varied (in negotiation with the person) or suspended by the Secretary; and (b) must be cancelled by the Secretary if the person enters into another Youth Allowance Employment Pathway Plan; and (c) may be reviewed from time to time by the Secretary at the request of the Secretary or the person; and (d) may be cancelled by the Secretary after a review under paragraph (c).
Circumstances preventing or affecting compliance (6) If a plan is in force in relation to a person, the person must notify the Secretary of any circumstances preventing or affecting the person’s capacity to comply with the requirements in the plan.
Social Security Act 1991 567 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 1 Qualification for youth allowance Section 544B Situations in which participation in an approved program of work for income support payment cannot be required (7) A Youth Allowance Employment Pathway Plan that is in force in relation to a person must not require the person to participate in an approved program of work for income support payment if: (a) the person is under 18 years of age; or (b) the person is undertaking full time study; or (c) because of the application of one or more Modules of the Youth Allowance Rate Calculator in section 1067G, the person would receive or is receiving a youth allowance at a rate that has been reduced; or (d) in the Secretary’s opinion: (i) it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or (ii) performing the work in the conditions in which the work would be performed would constitute a risk to health or safety or would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or (e) the program of work requires the person to move from a home in one place to a home in another place.
Revocation of requirement to participate in an approved program of work (7A) If a Youth Allowance Employment Pathway Plan that is in force in relation to a person requires the person to participate in an approved program of work for income support payment, the Secretary may, by notice given to the person, revoke the requirement to participate in the program if the Secretary: (a) is satisfied that the person is undertaking full time study; or (b) is satisfied that the person is a person to whom paragraph (7)(c) applies; or 568 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 544C (c) forms the opinion that subparagraph (7)(d)(i) or (ii) applies in relation to the performance of that work by the person.
Activities that do not give rise to employment under certain industrial relations legislation (8) A person is not to be taken to be one of the following merely because the person participates in an approved program of work for income support payment, or undertakes an activity (other than suitable paid work), in accordance with a term (including an optional term) of a Youth Allowance Employment Pathway Plan under this section: (a) a worker carrying out work in any capacity for the Commonwealth, or an employee of the Commonwealth, for the purposes of the Work Health and Safety Act 2011; (b) an employee within the meaning of section 5 of the Safety, Rehabilitation and Compensation Act 1988; (c) an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992; (d) an employee for the purposes of the Fair Work Act 2009.
544C Youth Allowance Employment Pathway Plans principal carers (1) A Youth Allowance Employment Pathway Plan that: (a) is in force in relation to a person who is the principal carer of at least one child; and Note: For principal carer see subsections 5(15) to (24).
(b) requires the person to undertake, as an activity, looking for part time paid work that the Secretary regards as suitable; must require the person to undertake looking for such part time work of at least the appropriate number of hours per week.

(2) The appropriate number of hours per week is: (a) 15; or (b) such other number as the Secretary determines to be appropriate having regard to the person’s circumstances.
Social Security Act 1991 569 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 1 Qualification for youth allowance Section 544D 544D Youth Allowance Employment Pathway Plans people with partial capacity to work (1) A Youth Allowance Employment Pathway Plan that: (a) is in force in relation to a person who has a partial capacity to work; and Note: For partial capacity to work see section 16B.
(b) requires the person to undertake, as an activity, looking for part-time paid work that the Secretary regards as suitable; must require the person to undertake looking for part time work of at least the appropriate number of hours per week.

(2) The appropriate number of hours per week is: (a) 15; or (b) such other number as the Secretary determines to be appropriate having regard to the person’s circumstances.
544DA Youth Allowance Employment Pathway Plans early school leavers (1) This section applies in relation to a Youth Allowance Employment Pathway Plan that is in force in relation to a person who is an early school leaver.
(2) Unless subsection (5) applies in relation to the person, the plan must require the person to undertake for at least the appropriate number of hours per week: (a) one or more approved courses of training or education; or (b) a combination of: (i) one or more approved courses of training or education; and (ii) one or more other activities that the Secretary considers suitable for the person.
(3) If subsection (5) applies in relation to the person, the plan must require the person to undertake, for at least the appropriate number of hours per week, one or more activities (other than an approved 570 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 544DA course of training or education) that the Secretary considers suitable for the person.
(4) The appropriate number of hours per week is: (a) 25; or (b) such other number as the Secretary determines to be appropriate having regard to the person’s circumstances.
(5) This subsection applies in relation to a person if: (a) there is no locally accessible approved course of training or education (including any such course available by distance education); or (b) where there is such a course: (i) there is no place available on the course for the person; or (ii) the person is not qualified to undertake the course; or (iii) the person lacks capacity to undertake the course because he or she has a physical, psychiatric or intellectual disability or a learning disability such as attention deficit disorder; or (c) in the Secretary’s opinion, special circumstances exist that make it unreasonable to require the person to undertake an approved course of training or education.
(6) For the purposes of this section, a course is an approved course of training or education for a person if it: (a) is a course of study or instruction determined under section 5D of the Student Assistance Act 1973 as a secondary course or a tertiary course for the purposes of that Act; and (b) would, in the Secretary’s opinion, assist or allow the person to complete the final year of secondary school or an equivalent level of education.
(7) The Secretary may, by legislative instrument, set guidelines for the exercise of the Secretary’s discretion under (either or both): (a) paragraph (5)(c); and (b) paragraph (6)(b).
Social Security Act 1991 571 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 1 Qualification for youth allowance Section 544E (8) In forming an opinion for the purposes of paragraph (5)(c) or (6)(b), the Secretary must have regard to the guidelines.
544E Youth Allowance Employment Pathway Plans—suspension of plans for people with certain exemptions A Youth Allowance Employment Pathway Plan that is in force in relation to a person is taken to be suspended during any period in respect of which the person: (aa) has a death of partner exemption under section 542EA; or (a) has a domestic violence or other special family circumstances exemption under section 542F; or (b) has a disabled children or other family circumstances exemption under section 542FA.
Subdivision G—Miscellaneous 546 Prospective determinations for some allowance recipients Recipients may qualify in advance in some cases (1) A person is qualified for youth allowance for a period determined by the Secretary if: (a) the person is receiving youth allowance; and (b) the Secretary considers at the start of the period that: (i) the person may reasonably be expected to satisfy the qualification requirements for youth allowance (see Subdivision A) during the period; and (ii) it is reasonable to expect that youth allowance will be payable to the person for the period; and (iii) the person will comply with this Act during the period; and (c) except where the person is a CDEP Scheme participant in respect of the period, the person is not indebted at the start of the period to the Commonwealth under or as a result of: (i) this Act; or 572 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Qualification for youth allowance Division 1 Section 546 (ii) the Student Assistance Act 1973 as in force immediately before the commencement of this section; and (d) the Secretary is satisfied that the person should be qualified under this section for youth allowance for the period.
(2) The Minister, by legislative instrument: (a) must determine guidelines for making decisions under paragraph (1)(b); and (b) may revoke or vary the determination.

If the Minister revokes a determination, the Minister must determine guidelines that commence immediately after the revocation.
Social Security Act 1991 573 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 2 Situations in which youth allowance is not payable Section 547 Division 2—Situations in which youth allowance is not payable Subdivision A—Situations in which allowance not payable (general) 547 Youth allowance not payable if allowance rate nil (1) Subject to subsection (2), a youth allowance is not payable to a person if the person’s youth allowance rate would be nil.
(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because: (a) an election by the person under subsection 915A(1) (about quarterly energy supplement) is in force; or (b) an advance pharmaceutical allowance has been paid to the person under the social security law.

547AA Youth allowance not payable if person fails to attend interview etc.
in certain circumstances General (1) A youth allowance is not payable to a person if: (a) before or after the person made a claim for a youth allowance, the Department is contacted by or on behalf of the person in relation to a claim for a youth allowance; and (b) as a result of the contact, the Department required the person to do one or both of the following: (i) attend an interview with a specified person or organisation at a time and place specified in the requirement; (ii) enter into a Youth Allowance Employment Pathway Plan; and (c) the person fails to comply with that requirement, or those requirements; and 574 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Situations in which youth allowance is not payable Division 2 Section 547AA (d) the person is not undertaking full time study and is not a new apprentice.
Note 1: For undertaking full-time study see section 541B.

Note 2: For new apprentice see subsection 23(1).

Secretary may decide that this section does not apply (2) This section does not apply to a person if the Secretary is satisfied, in accordance with any guidelines under subsection (3), that it should not apply to the person.

(3) The Secretary may, by legislative instrument, make guidelines to be complied with in deciding under subsection (2) whether this section applies to a person.
When this section ceases to apply (4) This section ceases to apply: (a) when the person complies with: (i) that requirement, or those requirements; or (ii) any requirements that the Secretary has required the person to undertake in place of that requirement, or those requirements; or (b) at such earlier time as the Secretary determines, in accordance with any guidelines under subsection (5).
(5) The Secretary may, by legislative instrument, make guidelines to be complied with in making determinations under paragraph (4)(b).

This section is unaffected by date of claim (6) To avoid doubt, the fact that a person is taken, because of section 13 of the Administration Act, to have made a claim for a youth allowance on the day on which the Department was contacted by or on behalf of the person in relation to the claim does not affect the operation of this section.
Social Security Act 1991 575 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 2 Situations in which youth allowance is not payable Section 547AB 547AB Situations where allowance not payable for failure to comply with certain requirements A youth allowance is not payable to a person if the person refuses or fails, without reasonable excuse, to comply with a requirement made of the person under section 67, 68 or 192 of the Administration Act.
Subdivision AB—Assets test 547A Allowance not payable if assets value limit exceeded A youth allowance is not payable to a person if: (a) the person is not excluded from the application of the youth allowance assets test; and (b) the value of the person’s assets is more than the person’s assets value limit.

Note 1: For persons excluded from application of test see section 547B.

Note 2: For assets value limit see section 547C.

547B Who is excluded from application of assets test?
A person is excluded from the application of the youth allowance assets test if the person is not independent.
547C Assets value limit A person’s assets value limit is: (b) $250,000 if the person: (ii) is not a member of a couple (see section 4); and (iii) is a homeowner; or (c) $450,000 if the person: (ii) is not a member of a couple; and (iii) is not a homeowner; or (d) $375,000 if the person: 576 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Situations in which youth allowance is not payable Division 2 Section 547D (ii) is a member of a couple; and (iii) is a homeowner; or (e) $575,000 if the person: (ii) is a member of a couple; and (iii) is not a homeowner.
Note 1: For homeowner see subsection 11(4).

Note 2: The amounts in paragraphs (b), (c), (d) and (e) are indexed annually on 1 July (see sections 1191 to 1194).

547D Value of person’s assets to include value of assets of partner in certain circumstances The value of a person’s assets is the sum of the following values: (a) the value of the person’s assets (disregarding paragraph (b)); (b) if the person is a member of a couple (see section 4)—the value of the assets of the person’s partner.
Subdivision C—Waiting periods 549 Waiting periods (1) A youth allowance is not payable to a person who is qualified for youth allowance while the person is subject to a waiting period.

(2) For the purposes of this Part, a person may be subject to the following waiting periods: (a) a liquid assets test waiting period (see sections 549A, 549B and 549C); (aa) an ordinary waiting period (see sections 549CA and 549CB); (b) a newly-arrived resident’s waiting period (see sections 549D and 549E).
549A Liquid assets test waiting period When person subject to liquid assets test waiting period—general (1) Subject to this section, if: Social Security Act 1991 577 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 2 Situations in which youth allowance is not payable Section 549A (a) the value of a person’s liquid assets is more than the person’s maximum reserve on: (i) the day on which the person becomes qualified for youth allowance; or (ii) the day on which the person claims a youth allowance; and (b) the person is not a transferee to a youth allowance; the person is subject to a liquid assets test waiting period.
Note: For liquid assets and maximum reserve see section 14A.
Exception—person already subject to liquid assets test waiting period in previous 12 months (2) Subsection (1) does not apply to a person if, at any time during the 12 months before: (a) the day on which the person becomes qualified for youth allowance; or (b) the day on which the person claims youth allowance; the person: (c) was subject to a liquid assets test waiting period under this Part and that period has ended; or (d) has served a liquid assets test waiting period under another Part of this Act; that started during that 12 months.
Exception—waiver for hardship (3) If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while serving a liquid assets test waiting period, the Secretary may determine that the person does not have to serve the whole, or any part, of the waiting period.

Note 1: For in severe financial hardship see subsections 19C(2) (person who is not a member of a couple) and 19C(3) (person who is a member of a couple).
Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).
578 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Situations in which youth allowance is not payable Division 2 Section 549A Exception—certain transferees to youth allowance (4) Subsection (1) does not apply to a person if: (a) the person is a transferee to a youth allowance; and (b) the person claims the youth allowance within 14 days of the transfer day.
Exemption—person undertaking specified activity (5) Subsection (1) does not apply to a person who: (a) is undertaking an activity specified in an instrument made under subsection (6); and (b) has been exempted from the application of subsection (1) by the Secretary.

(6) The Secretary may, by legislative instrument, specify activities for the purpose of paragraph (5)(a).
Exception—death of person’s partner (7) Subsection (1) does not apply to a person if: (a) the person makes a claim for youth allowance on or after the commencement of this subsection; and (b) the person makes the claim after the death of the person’s partner on or after the commencement of this subsection; and (c) if the person is a man or a woman who was not pregnant when her partner died—the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and (d) if the person is a woman who was pregnant when her partner died—the person makes the claim: (i) in the period of 14 weeks starting on the day of the death of the partner; or (ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant; whichever ends later.
Social Security Act 1991 579 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 2 Situations in which youth allowance is not payable Section 549B 549B Start of liquid assets test waiting period General (1) The liquid assets test waiting period of a person who does not have a temporary incapacity exemption starts on the day on which the person became qualified for youth allowance.
Person has temporary incapacity exemption (2) If a person has a temporary incapacity exemption, the person’s liquid assets test waiting period starts on the day on which the person became incapacitated.
549C Length of liquid assets test waiting period Number of weeks (1) A person’s liquid assets test waiting period is: (a) if the result obtained under subsection (2) is 13 or more whole weeks—13 weeks; or (b) if the result obtained under subsection (2) is fewer than 13 whole weeks—the number of whole weeks obtained under that subsection.
Working out number of weeks (2) Subject to subsection (3), the number of weeks is worked out by using the following formula: Liquid assets – Maximum reserve amount Divisor where: divisor, in relation to the person, means: (a) if the person is not a member of a couple and does not have a dependent child—$500; or (b) otherwise—$1,000.
580 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Situations in which youth allowance is not payable Division 2 Section 549CA liquid assets means the person’s liquid assets on the day referred to in subparagraph 549A(1)(a)(i) or (ii) (as the case requires).

maximum reserve amount means the maximum reserve in relation to the person under subsection 14A(1).

Weeks etc.
Weeks etc.

to be disregarded (3) For the purposes of subsection (2), disregard: (a) any weeks after the person claimed youth allowance during which the person was not qualified for youth allowance; and (b) any fractions of a week.
549CA Ordinary waiting period (1) This section applies if a person is qualified for a youth allowance, where neither section 540AA (about new apprentices) nor paragraph 541(1)(a) (about full time study) appliesneither subparagraph 540(1)(a)(i) (about full-time study) nor section 540AA (about new apprentices) applies.
(2) Subject to subsections (3), (5) and (6), the person is subject to an ordinary waiting period unless: (a) at some time in the 13 weeks immediately before the person’s start day (worked out disregarding clauses 4A, 4B and 5 of Schedule 2 to the Administration Act), the person received an income support payment; or (b) the Secretary is satisfied that the person is experiencing a personal financial crisis; or (c) on the day before the day the person qualified for the youth allowance mentioned in subsection (1), the person was qualified for a youth allowance where section 540AA or paragraph 541(1)(a) appliedsubparagraph 540(1)(a)(i) or section 540AA applied.
Note 1: For income support payment see subsection 23(1).

Note 2: For experiencing a personal financial crisis see section 19DA.
(3) Subsection (2) does not apply to a person who: Social Security Act 1991 581 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 2 Situations in which youth allowance is not payable Section 549CB (a) is undertaking an activity specified in an instrument made under subsection (4); and (b) has been exempted from the application of subsection (2) by the Secretary.
(4) The Secretary may, by legislative instrument, specify activities for the purpose of paragraph (3)(a).
(5) Subsection (2) does not apply to a person if: (a) the person makes a claim for youth allowance on or after the commencement of this subsection; and (b) the person makes the claim after the death of the person’s partner on or after the commencement of this subsection; and (c) if the person is a man or a woman who was not pregnant when her partner died—the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and (d) if the person is a woman who was pregnant when her partner died—the person makes the claim: (i) in the period of 14 weeks starting on the day of the death of the partner; or (ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant; whichever ends later.
(6) If a person makes a claim for youth allowance during the period beginning on 1 April 2021 and ending at the end of 30 June 2021, then, despite subsection (2), the person is not subject to the whole of the ordinary waiting period.
549CB Duration of ordinary waiting period (1) Subject to subsections (2) and (4), if a person is subject to an ordinary waiting period, the ordinary waiting period is the period of 7 days that starts on the person’s start day (worked out disregarding clauses 4A, 4B and 5 of Schedule 2 to the Administration Act).
582 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Situations in which youth allowance is not payable Division 2 Section 549CB (2) Subject to subsection (4), if: (a) a person is subject to an ordinary waiting period; and (b) apart from this subsection, the ordinary waiting period would be the period of 7 days that starts on the person’s start day (worked out disregarding clauses 4A, 4B and 5 of Schedule 2 to the Administration Act); and (c) that start day falls within one or more of the following periods (each of which is an exclusion period) that the person is subject to: (i) a liquid assets test waiting period; (ii) a newly arrived resident’s waiting period; (iii) a seasonal work preclusion period; (iv) a lump sum preclusion period under Part 3.14; (v) an income maintenance period, where the person’s rate of youth allowance on that start day would be nil; then the ordinary waiting period is the period of 7 days that starts on the first day after all the exclusion periods have ended.
(3) If: (a) subparagraph (2)(c)(v) applies to a person; and (b) on a day in that income maintenance period, the person’s rate of youth allowance would be greater than nil if youth allowance were payable to the person on that day; then, for the purposes of subsection (2), that income maintenance period is taken to have ended at the end of the day before that day.
(4) If: (a) a person qualifies for a social security payment (other than youth allowance); and (b) because the person is subject to an ordinary waiting period relating to that payment, that payment is not payable to the person for a period starting on a particular day (the initial day); and (c) during that period the person: (i) ceases to be qualified for that payment; and Social Security Act 1991 583 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 2 Situations in which youth allowance is not payable Section 549D (ii) claims youth allowance and is qualified for youth allowance, where neither section 540AA (about new apprentices) nor paragraph 541(1)(a) (about full time study) appliesneither subparagraph 540(1)(a)(i) (about full-time study) nor section 540AA (about new apprentices) applies; the person’s ordinary waiting period relating to that youth allowance is the period of 7 days that starts on the initial day.
Note: Ordinary waiting periods apply to parenting payment, youth allowance and jobseeker payment.

549D Newly arrived resident’s waiting period Basic rule (1) Subject to this section, a person is subject to a newly arrived resident’s waiting period if the person: (a) has entered Australia; and (b) has not been an Australian resident in Australia for a period of, or periods totalling, 208 weeks.

Note: For Australian resident see subsection 7(2).


Exception—qualifying residence exemption (2) Subsection (1) does not apply to a person who has a qualifying residence exemption for a youth allowance.

Note: For qualifying residence exemption in relation to youth allowance, see paragraph 7(6AA)(f).
Exception—lone parent (6) Subsection (1) does not apply to a person if the person: (a) is the principal carer of one or more children; and (b) is not a member of a couple; and (c) is not undertaking full-time study; and (d) is not a new apprentice; and 584 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Situations in which youth allowance is not payable Division 2 Section 549E (e) was not a lone parent at the start of the person’s current period as an Australian resident.
Note 1: For principal carer see subsections 5(15) to (24).

Note 2: For undertaking full-time study see section 541B.

Note 3: For new apprentice see subsection 23(1).

Note 4: For lone parent and current period as an Australian resident see subsection 23(1).
Exception—other (7) Subsection (1) does not apply to a person if: (a) the person is a refugee, or a former refugee, at the time the person made the claim for a youth allowance; or (b) the following apply: (i) before the person made the claim for a youth allowance, the person was a family member of another person at the time the other person became a refugee; (ii) the person is a family member of that other person at the time the person made the claim for a youth allowance or, if that other person has died, the person was a family member of that other person immediately before that other person died; or (c) the person is an Australian citizen at the time the person made the claim for a youth allowance.
(8) For the purposes of subsection (7): (a) family member has the meaning given by subsection 7(6D); and (b) former refugee has the meaning given by subsection 7(1); and (c) refugee has the meaning given by subsection 7(6B).
549E Length of newly arrived resident’s waiting period If a person is subject to a newly arrived resident’s waiting period, the period: Social Security Act 1991 585 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 2 Situations in which youth allowance is not payable Section 549F (a) starts on the day the person first became an Australian resident; and (b) ends when the person has been an Australian resident in Australia for a period of, or periods totalling, 208 weeks after that day.
Note: For Australian resident see subsection 7(2).

549F Effect of being subject to multiple waiting periods For the avoidance of doubt, if a person is subject to 2 or more waiting periods under this Subdivision, a youth allowance is not payable to the person until all of those waiting periods have ended.
Subdivision D—Situations where allowance not payable because of youth allowance participation failure 549G Application of Subdivision This Subdivision applies to a person only if the person is undertaking full-time study (see section 541B).

Note: If the person is not undertaking full-time study, Division 3AA or 3A of Part 3 of the Administration Act might apply.
550 Youth allowance participation failures Meaning of youth participation failure (1) A person commits a youth allowance participation failure if the person: (a) fails to comply with a requirement: (i) that was notified to the person under subsection 63(2) or (4) of the Administration Act; and (ii) that was reasonable; and (iii) the notification of which included a statement to the effect that a failure to comply with the requirement could constitute a youth allowance participation failure; or 586 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Situations in which youth allowance is not payable Division 2 Section 550 (b) fails to satisfy the activity test; or (b) ceases to undertake full-time study and is not exempt from undertaking full-time study (see Subdivision C of Division 1); or (k) fails to comply with a requirement to undertake another activity referred to in paragraph 550B(1)(b).
Reasonable excuse (2) Despite subsection (1), a failure of a kind referred to in that subsection is not a youth allowance participation failure if the person satisfies the Secretary that the person had a reasonable excuse for the failure.

(2A) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether, for the purposes of subsection (2), a person had a reasonable excuse for committing a youth allowance participation failure.
(2B) To avoid doubt, a determination under subsection (2A) does not limit the matters that the Secretary may take into account in deciding whether, for the purposes of subsection (2), a person had a reasonable excuse for committing the youth allowance participation failure referred to in subsection (1).
Subsequent failures in the same instalment period (3) Despite subsection (1), if a failure of a kind referred to in that subsection occurs in an instalment period of the person in which the person has already committed a youth allowance participation failure, the failure is not a youth allowance participation failure if: (a) the instalment period is the person’s first instalment period for youth allowance; or (b) the instalment period is not the person’s first instalment period for youth allowance, and: (i) the person did not commit a youth allowance participation failure in the immediately preceding instalment period of the person; or Social Security Act 1991 587 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 2 Situations in which youth allowance is not payable Section 550B (ii) in respect of each youth allowance participation failure that the person committed in the immediately preceding instalment period of the person, the person acted in accordance with a requirement of the Secretary notified in respect of that failure.
Failures covered by section 547AA (4) Despite subsection (1), a failure of a kind referred to in that subsection is not a youth allowance participation failure if it results in youth allowance not being payable to the person under section 547AA.

New apprentices (6) Subsection (1) does not apply to a failure if the person is a new apprentice.

Note: For new apprentice see subsection 23(1).
550B Allowance not payable because of youth allowance participation failure General (1) A youth allowance is not payable to a person, for the period starting in accordance with section 550C and ending in accordance with section 550D, if: (a) the person commits a youth allowance participation failure; and (b) the Secretary requires the person: (i) to comply with the requirement, or undertake the activity, to which the youth allowance participation failure relates; or (ii) to comply with a particular requirement, or undertake a particular activity, in place of the requirement or activity to which the failure relates; during the participation failure instalment period for the failure, or at a particular time during that period; and 588 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Situations in which youth allowance is not payable Division 2 Section 550C (c) the person fails to comply with the requirement.
Reasonable excuse etc.

(2) This section does not apply in relation to the failure if: (a) the Secretary is satisfied that the person had a reasonable excuse for the failure referred to paragraph (1)(c); or (b) the Secretary is for any other reason satisfied that subsection (1) should not apply to the failure.
(2A) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether, for the purposes of paragraph (2)(a), a person had a reasonable excuse for a failure of a kind referred to in paragraph (1)(c).
(2B) To avoid doubt, a determination under subsection (2A) does not limit the matters that the Secretary may take into account in deciding whether, for the purposes of paragraph (2)(a), a person had a reasonable excuse for the failure referred to in paragraph (1)(c).
Meaning of participation failure instalment period (3) The participation failure instalment period for the youth allowance participation failure is the next instalment period of the person to start after the day on which the Secretary first became aware that the person committed the failure.

Failures covered by section 551 (4) This section does not apply to a youth allowance participation failure if section 551 applies to the failure.
550C When the period of non-payment starts The period for which youth allowance is not payable to the person because of section 550B is taken to have started at the start of the participation failure instalment period for the youth allowance participation failure.
Social Security Act 1991 589 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 2 Situations in which youth allowance is not payable Section 550D 550D When the period of non-payment ends The period for which youth allowance is not payable to the person because of section 550B ends when: (a) in accordance with a requirement of the Secretary that the person comply with the requirement, or undertake the activity, to which the youth allowance participation failure related, the person has complied with the requirement or undertaken the activity; or (b) in accordance with a requirement of the Secretary that the person undertake another activity in place of the requirement or activity to which the youth allowance participation failure related, the person has undertaken the other activity; or (c) in accordance with a requirement of the Secretary that the person comply with another requirement in place of the requirement or activity to which the youth allowance participation failure related, the person has complied with the other requirement.
Subdivision E—Situations where allowance not payable because of repeated failure 550E Application of Subdivision This Subdivision applies to a person only if the person is undertaking full-time study (see section 541B).

Note: If the person is not undertaking full-time study, Division 3AA or 3A of Part 3 of the Administration Act might apply.
551 Allowance not payable because of repeated failure General (1) A youth allowance is not payable to a person, for the period of 8 weeks starting in accordance with section 551A, if the person commits a youth allowance participation failure (the repeated failure), having committed youth allowance participation failures 590 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Situations in which youth allowance is not payable Division 2 Section 551A (the earlier failures) on 2 or more other occasions during the period of 12 months preceding that failure.
Reasonable excuse etc.

(2) Disregard any earlier failure that is a failure to which subsection 550B(1) does not apply because of subsection 550B(2).

(3) Subsection (1) does not apply in relation to the repeated failure if the Secretary is for any other reason satisfied that subsection (1) should not apply to the failure.
551A When the period of non-payment starts The period for which youth allowance is not payable to the person because of subsection 551(1) is taken to start, or to have started: (a) if the repeated failure occurs during a participation failure instalment period for an earlier failure—at the start of the participation failure instalment period for the earlier failure; or (b) otherwise—at the start of the next instalment period of the person to start after the day on which the Secretary first became aware that the person committed the failure.
Note: For participation failure instalment period see subsection 550B(3).

Subdivision F—Multiple entitlement exclusions 552 Multiple entitlement exclusions (1) Youth allowance is not payable to a person who is qualified for youth allowance while the person is subject to a multiple entitlement exclusion.
(2) For the purposes of this Division, a person is subject to a multiple entitlement exclusion if: (a) the person is receiving a youth allowance and another social security benefit, a social security pension, a service pension, Social Security Act 1991 591 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 2 Situations in which youth allowance is not payable Section 552A income support supplement or a veteran payment becomes payable to the person; or (b) a payment under a scheme referred to in section 552A has been or may be made to the person or to someone else in respect of the person; or (c) an assurance of support applies to the person.
(3) Youth allowance is not payable to a person if: (a) the person is an armed services widow or an armed services widower; and (b) the person is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA.

Note 1: For armed services widow and armed services widower see subsection 4(1).

Note 2: For MRCA see subsection 23(1).
552A Person receiving payment under certain schemes General (1) Subject to subsection (2), the schemes for the purposes of paragraph 552(2)(b) are: (a) a prescribed educational scheme other than the ABSTUDY Scheme to the extent that it applies to part-time students; and (aa) the Assistance for Isolated Children Scheme; and (b) the scheme to provide an allowance known as the Maintenance Allowance for Refugees; and (c) the scheme to provide an allowance known as the Adult Migrant Education Program Living Allowance; and 592 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Situations in which youth allowance is not payable Division 2 Section 552B (d) the scheme to provide an allowance known as the English as a Second Language Allowance to the extent that the scheme applies to full-time students; and (e) the scheme known as the Ready Reserve Education Assistance Scheme; and (f) the scheme to provide an allowance known as the Living Away from Home Allowance.
Note: For prescribed educational scheme see section 5.
Application made under ABSTUDY Scheme (2) If: (a) a person is undertaking full-time study in respect of a course of education that is to last for 6 months or more; and (b) an application is made for a payment in respect of the person under the ABSTUDY Scheme; and (c) the person was receiving youth allowance immediately before the start of the course; the Secretary may decide that the person is not subject to a multiple entitlement exclusion, because of subsection (1), before: (d) the application is determined; or (e) the end of the period of 3 weeks beginning on the day on which the course starts; whichever happens first.
552B Assurance of support An assurance of support applies to a person if: (a) an assurance of support is in force in respect of the person (assuree); and (b) the person who gave the assurance was willing and able to provide an adequate level of support to the assuree; and (c) it was reasonable for the assuree to accept that support.

Note: For assurance of support see subsection 23(1).
Social Security Act 1991 593 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 2 Situations in which youth allowance is not payable Section 552C 552C Maximum basic rate and remote area allowance not payable to CDEP Scheme participant The maximum basic rate, and the remote area allowance, of youth allowance for a period are not payable to a person who is a CDEP Scheme participant in respect of the whole or a part of the period.
Note 1: For remote area allowance see Module K of the Youth Allowance Rate Calculator.

Note 2: For CDEP Scheme participant see subsection 23(1).

Subdivision G—Employment-related exclusions 553 Employment-related exclusions (1) Youth allowance is not payable to a person who is qualified for youth allowance while the person is subject to an employment-related exclusion.
(2) For the purposes of this Division, a person is subject to an employment-related exclusion: (a) if the person is not undertaking full-time study and is not a new apprentice—while one or more of sections 553A to 553C apply to the person; or (b) if the person is undertaking full-time study or is a new apprentice—while section 553C applies to the person.

Note 1: For undertaking full-time study see section 541B.

Note 2: For new apprentice see subsection 23(1).


553A Unemployment due to industrial action Engaged in industrial action (1) Subject to subsection (2), a person who is unemployed is subject to an employment-related exclusion unless the person satisfies the Secretary that the person’s unemployment was not due to the person being, or having been, engaged in industrial action or in a series of industrial actions.
594 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Situations in which youth allowance is not payable Division 2 Section 553B Other people engaged in industrial action (2) If: (a) a person’s unemployment was due to other people being, or having been, engaged in industrial action or in a series of industrial actions; and (b) the people, or some of the people, were members of a trade union that was involved in the industrial action; the person is subject to an employment-related exclusion unless the person satisfies the Secretary that the person was not a member of the trade union during the person’s period of unemployment.
Length of employment-related exclusion (3) Subject to subsection (4), the employment-related exclusion to which a person is subject under subsection (1) or (2) ends when the industrial action or series of industrial actions stop.

Industrial action etc.
in breach of order, direction or injunction (4) Where the industrial action or series of industrial actions concerned is in breach of an order, direction or injunction issued by: (a) a prescribed State industrial authority within the meaning of the Fair Work Act 2009; or (b) the Fair Work Commission or the Australian Industrial Relations Commission; or (c) the Federal Court of Australia; or (d) the Federal Circuit Court of Australia; the person’s employment-related exclusion under subsection (1) or (2) of this section ends 6 weeks after the day on which the industrial action or series of industrial actions stop.
Note: For industrial action, trade union and unemployment see section 16.
553B Move to area of lower employment prospects (1) Subject to subsection (1B), if the Secretary considers that a person has reduced his or her employment prospects by moving to a new Social Security Act 1991 595 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 2 Situations in which youth allowance is not payable Section 553B place of residence without sufficient reason, the person is subject to an employment-related exclusion for a period of 26 weeks.
(1A) Subsection (1) extends to a person who makes a claim for youth allowance on or after the day on which the person moved to the new place of residence and before the end of the period referred to in that subsection.
(1B) If a person who is subject to an employment-related exclusion under subsection (1) (including that subsection as it applies by subsection (1A)) does either of the following during the period of the exclusion: (a) moves back to the place of residence (the original place of residence) the movement from which made him or her subject to the exclusion; (b) moves to another place of residence a movement to which from the original place of residence would not have made him or her subject to the exclusion; the period of the exclusion ends at the time of the movement back to the original place of residence or the movement to the other place of residence, as the case may be.
Exemption for person undertaking specified activity (2) Subsection (1) does not apply to a person who: (a) is undertaking an activity specified in an instrument made under subsection (2A); and (b) has been exempted from the application of subsection (1) by the Secretary.

(2A) The Secretary may, by legislative instrument, specify activities for the purpose of paragraph (2)(a).
Sufficient reason for moving (3) For the purposes of subsection (1), a person has a sufficient reason for moving to a new place of residence if, and only if, the person: (a) moves to live with a family member who has already established his or her residence in that place of residence; or 596 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Situations in which youth allowance is not payable Division 2 Section 553B (b) moves to live near a family member who has already established residence in the same area; or (c) is receiving youth allowance at the rate that applies to a person who: (i) is not independent; and (ii) lives at home; and moves to accompany his or her parents who wish to establish, or have established, a place of residence; or (d) satisfies the Secretary that the move is necessary for the purposes of treating or alleviating a disease or illness suffered by the person or by a family member; or (e) satisfies the Secretary that the person has moved from his or her original place of residence because of an extreme circumstance which made it reasonable for the person to move to the new place of residence (for example, the person had been subjected to domestic or family violence in the original place of residence).
Note 1: For independent see section 1067A.

Note 2: For parent see subsection 5(1), paragraph (b) of the definition of parent.

Note 3: For family member see subsection 23(1).

Secretary may determine when period begins (4) The Secretary may determine in writing the day on which the period referred to in subsection (1) begins.

The day may be before the day of the determination.
Living away from home (5) A person lives away from home for the purposes of this section if he or she lives away from home for the purposes of Part 3.5.
Social Security Act 1991 597 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 2 Situations in which youth allowance is not payable Section 553C 553C Seasonal workers Application (1) This section applies if, at any time during the 6 months immediately before the day on which a person lodges a claim for youth allowance, the person, or, if the person is a member of a couple, the person or the person’s partner, has been engaged in seasonal work.
Note: For seasonal work see subsection 16A(1).
Exclusion during seasonal work preclusion period (2) The person is subject to an employment-related exclusion: (a) if the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act) and the Secretary has not made a determination under subsection (3) in relation to the person—for the person’s seasonal work preclusion period; or (b) if the Secretary has made a determination under subsection (3) in relation to the person—for that part (if any) of the person’s seasonal work preclusion period to which the person is subject as a result of the determination.
Note: For seasonal work preclusion period see subsection 16A(1).
Exemption in cases of severe financial hardship (3) If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act): (a) the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and (b) the determination has effect accordingly.
Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple).

598 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Situations in which youth allowance is not payable Division 2 Section 553C Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).
Exemption for person undertaking specified activity (4) Subsection (2) does not apply to a person who: (a) is undertaking an activity specified in an instrument made under subsection (5); and (b) has been exempted from the application of subsection (2) by the Secretary.

(5) The Secretary may, by legislative instrument, specify activities for the purpose of paragraph (4)(a).
Exemption for death of person’s partner (6) Subsection (2) does not apply to a person if: (a) the person makes a claim for youth allowance on or after the commencement of this subsection; and (b) the person makes the claim after the death of the person’s partner on or after the commencement of this subsection; and (c) if the person is a man or a woman who was not pregnant when her partner died—the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and (d) if the person is a woman who was pregnant when her partner died—the person makes the claim: (i) in the period of 14 weeks starting on the day of the death of the partner; or (ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant; whichever ends later.
Social Security Act 1991 599 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 5 Rate of youth allowance Section 556 Division 5—Rate of youth allowance 556 How to work out a person’s youth allowance rate Subject to this section, the rate of a person’s youth allowance is to be worked out in accordance with the Youth Allowance Rate Calculator in section 1067G.
556A Approved program of work supplement If a person: (a) is receiving youth allowance; and (b) is participating in an approved program of work for income support payment; the rate of the person’s youth allowance is increased by an amount of $20.80, to be known as the approved program of work supplement, for each fortnight during which the person participates in the program unless, during that fortnight, the person ceases to participate in the program in circumstances that constitute: (c) a failure of the activity test to which the person is subject; or (d) a failure to comply with a requirement in a Youth Allowance Employment Pathway Plan that is in force in relation to the person.
556A Approved program of work supplement If a person: (a) is receiving youth allowance; and (b) is participating in an approved program of work for income support payment; the rate of the person’s youth allowance is increased by an amount of $20.80, to be known as the approved program of work supplement, for each fortnight during which the person participates in the program.
600 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Rate of youth allowance Division 5 Section 556B 556B National Green Jobs Corps supplement (1) This section applies if a person: (a) is receiving youth allowance; and (b) is only qualified for youth allowance under section 540; and (c) satisfies the Secretary that the person is not undertaking full time study (see section 541B); and (d) has reached 17 years of age; and (e) is participating in the National Green Jobs Corps program; and (f) started participating in that program before 2012.
(2) The rate of the person’s youth allowance is increased by an amount of $41.60 (to be known as a National Green Jobs Corps supplement) for each fortnight during which the person participates in the National Green Jobs Corps program.
(3) However, a National Green Jobs Corps supplement is not payable for a fortnight during which the person participates in the National Green Jobs Corps program if: (a) a Youth Allowance Employment Pathway Plan is in force in relation to the person; and (b) during the fortnight, the person ceases to participate in that program in circumstances that constitute a failure to comply with the plan.
559J CDEP Scheme participant may accumulate youth allowance (1) A person who is a CDEP Scheme participant in respect of the whole or a part of a quarter may, by written notice given to the Secretary, choose to accumulate the amounts of any youth allowance that become payable to the person in respect of that quarter, or any later quarter in respect of the whole or a part of which the person is a CDEP Scheme participant, and have not already been paid.
(2) If a person to whom subsection (1) applies makes a choice under that subsection, the sum of the accumulated amounts payable to the Social Security Act 1991 601 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 5 Rate of youth allowance Section 559J person in respect of a quarter is to be paid on, or as soon as practicable after, the first payday after: (a) unless paragraph (b) applies, the last day of the quarter; or (b) if the person ceases to be a CDEP Scheme participant before the end of the quarter—the day on which the person so ceases.
(3) In this section: quarter means a CDEP Scheme quarter.

Note 1: For CDEP Scheme participant see section 1188B.

Note 2: For CDEP Scheme quarter see subsection 23(1).
602 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Bereavement payments Division 10 Section 567 Division 10—Bereavement payments Subdivision A—Ongoing payments for death of partner 567 Qualification for payments under this Subdivision Qualification for payment (1) If: (a) a person is receiving youth allowance; and (b) the person is a long-term social security recipient; and (c) the person is a member of a couple; and (d) the person’s partner dies; and (e) immediately before the partner died, the partner: (i) was receiving a social security pension; or (ii) was receiving a service pension, income support supplement or a veteran payment; or (iii) was a long-term social security recipient; and (f) on the person’s payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of: (i) the amount that would otherwise be payable to the person under section 567C (person’s continued rate) on that payday; and (ii) the amount (if any) that would otherwise be payable to the person under section 567A (continued payment of partner’s pension or benefit) on the partner’s payday immediately before the first available bereavement adjustment payday; the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: Section 567A provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person’s partner during that period if the partner had not died.
Social Security Act 1991 603 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 10 Bereavement payments Section 567A Note 2: Section 567B provides for a lump sum that represents the instalments that would have been paid to the person’s partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.
Note 3: For first available bereavement adjustment payday and bereavement period see section 21.

Choice not to receive payments (2) A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.

Note: By making such a choice, the person may qualify for a payment under Subdivision AA.
Form of choice (3) A choice under subsection (2): (a) must be made by written notice to the Secretary; and (b) may be made after the person has been paid an amount or amounts under this Subdivision; and (c) cannot be withdrawn after the Department has taken all the action required to give effect to that choice.
Rate during bereavement period (4) If a person is qualified for payments under this Subdivision in relation to the partner’s death, the rate at which youth allowance is payable to the person during the bereavement period is, unless the person has made a choice under subsection (2), governed by section 567C.
567A Continued payment of partner’s pension or benefit If a person is qualified for payments under this Subdivision in relation to the death of the person’s partner, there is payable to the person, on each of the partner’s paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the partner on that payday if the partner had not died.
604 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Bereavement payments Division 10 Section 567B Note: For bereavement rate continuation period see section 21.
567B Lump sum payable in some circumstances If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) the first available bereavement adjustment payday occurs before the end of the bereavement period; there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.

Lump sum calculator Method statement Step 1.


Add up: (a) (b) the amount that, if the person’s partner had not died, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday; and the amount (if any) that, if the partner had not died, would have been payable to the partner on the partner’s payday immediately before the first available bereavement adjustment payday; the result is the combined rate.

Step 2.
Step 2.

Work out the amount that, apart from section 567C, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday: the result is the person’s individual rate.

Social Security Act 1991 605 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 10 Bereavement payments Section 567C Step 3.
Take the person’s individual rate away from the combined rate: the result is the partner’s instalment component.

Step 4.

Work out the number of the partner’s paydays in the bereavement lump sum period.

Step 5.

Multiply the partner’s instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable to the person under this section.
567C Adjustment of person’s youth allowance rate If: (a) a person is qualified for payments under this Subdivision; and (b) the person does not elect under subsection 567(2) not to receive payments under this Subdivision; the rate of the person’s youth allowance during the bereavement period is worked out as follows: (c) during the bereavement rate continuation period, the rate of youth allowance payable to the person is the rate at which the allowance would have been payable to the person if the person’s partner had not died; (d) during the bereavement lump sum period (if any), the rate at which youth allowance is payable to the person is the rate at which the allowance would be payable to the person apart from this Subdivision.
567D Effect of death of person entitled to payments under this Subdivision If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) the person dies within the bereavement period; and 606 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Bereavement payments Division 10 Section 567D (c) the Secretary does not become aware of the death of the person’s partner before the person dies; there is payable, to any person that the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.
Lump sum calculator Method statement Step 1.

Add up: (a) (b) the amount that, if neither the person nor the person’s partner had died, would have been payable to the person on the person’s payday immediately after the day on which the person dies; and the amount (if any) that, if neither the person nor the person’s partner had died, would have been payable to the person’s partner on the partner’s payday immediately after the day on which the person died; the result is the combined rate.

Step 2.
Step 2.

Work out the amount that, apart from section 567C, would have been payable to the person on the person’s payday immediately after the day on which the person died if the person had not died: the result is the person’s individual rate.

Step 3.

Take the person’s individual rate away from the combined rate: the result is the partner’s instalment component.
Social Security Act 1991 607 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 10 Bereavement payments Section 567E Step 4.

Work out the number of paydays of the partner in the period that begins on the day on which the person dies and ends on the day on which the bereavement period ends.

Step 5.
Step 5.

Multiply the partner’s instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable under this section.
567E Matters affecting payments under this Subdivision Recovery/reduction of amount payable (1) If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) after the person’s partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act; and (c) the Secretary is not satisfied that the person has not had the benefit of that amount; the following provisions have effect: (d) the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person’s partner, except to the extent (if any) that the amount is more than the amount payable to the person under this Subdivision; (e) the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b).
Bank not liable (2) If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and 608 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Bereavement payments Division 10 Section 567F (b) the amount to which the person’s partner would have been entitled if the person’s partner had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and (c) the bank pays to the person, out of the account, an amount not more than the total of the amounts paid as mentioned in paragraph (b); the bank is, despite anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person’s partner or anyone else in respect of the payment of that money to the person.
567F Calculation of bereavement payment in respect of former CDEP Scheme participant If a benefit becomes payable under this Subdivision in respect of a person who was a CDEP Scheme participant in respect of the day on which the benefit becomes payable, the amount of the benefit is to be the amount that would have been the amount of the benefit if section 552C had not been enacted.

Note: For CDEP Scheme participant see section 1188B.
Subdivision AA—One-off payment for death of partner 567FA Qualification for payment under this Subdivision A person is qualified for a lump sum payment under this Subdivision if: (a) the person is qualified for youth allowance on a day (the relevant day); and (b) youth allowance is payable to the person on the relevant day; and (c) on or before the relevant day but after the commencement of this section, the person was a member of a couple and stopped being a member of a couple because the person’s partner died; and Social Security Act 1991 609 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 10 Bereavement payments Section 567FB (d) the person is not a member of a couple on the relevant day; and (e) when the person’s partner died, both the person and the person’s partner were Australian residents; and (f) if the person is a man or a woman who was not pregnant when her partner died—the relevant day occurs in the period of 14 weeks starting on the day of the death of the partner; and (g) if the person is a woman who was pregnant when her partner died—the relevant day occurs: (i) in the period of 14 weeks starting on the day of the death of the partner; or (ii) in the period (the relevant period) starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant; whichever ends later; and (h) the relevant day is the day that the person first notifies the Secretary of the person’s partner’s death; and (i) if the person is qualified for payments under section 567 in respect of the person’s partner’s death—the person has made a choice under subsection 567(2).
567FB Amount of payment (1) The amount of the person’s payment is worked out using the following formula (except if paragraph 567FA(g) applies in relation to the person): Daily rate of person’s youth allowance on the relevant day  14  7 (2) If subparagraph 567FA(g)(i) applies in relation to the person, the amount of the person’s payment is worked out using the following formula: Daily rate of person’s youth allowance on the relevant day  14       3     $2,000 610 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Youth allowance Part 2.11 Bereavement payments Division 10 Section 567FB (3) If subparagraph 567FA(g)(ii) applies in relation to the person, the amount of the person’s payment is worked out using the following formula: Daily rate of person’s youth allowance on the relevant day     where:  14   3     Additional amount additional amount means the amount worked out in accordance with the following table: Additional amount Item If the relevant period is: the additional amount is: More than 14 weeks but not more than 16 weeks More than 16 weeks but not more than 18 weeks More than 18 weeks but not more than 20 weeks More than 20 weeks but not more than 22 weeks More than 22 weeks but not more than 24 weeks More than 24 weeks but not more than 26 weeks More than 26 weeks but not more than 28 weeks More than 28 weeks but not more than 30 weeks More than 30 weeks but not
 more than 32 weeks 10 More than 32 weeks $2,250 $2,700 $3,150 $3,550 $4,000 $4,450 $4,900 $5,350 $5,800 $6,250 Social Security Act 1991 611 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11 Youth allowance Division 10 Bereavement payments Section 567G Subdivision B—Continuation of youth allowance rate after death of child 567G Death of child—continuation of youth allowance rate for 14 weeks If: (a) a person is receiving
 youth allowance; and (b) the person is the principal carer of a child who dies; and (c) the person is not undertaking full-time study and is not a new apprentice; and (d) apart from this section, the person’s rate of youth allowance would be reduced because the person is no longer the child’s principal carer; the person’s rate of youth allowance, during the period of 14 weeks that starts on the day of the child’s death, is to be worked out as if the child had not died.
Note 1: For principal carer see subsections 5(15) to (24).

Note 2: For undertaking full-time study see section 541B.

Note 3: For new apprentice see subsection 23(1).
612 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Austudy payment Part 2.11A Qualification for austudy payment Division 1 Section 568 Part 2.11A—Austudy payment Division 1—Qualification for austudy payment Subdivision A—Basic qualifications 568 Qualification for austudy payment—general rule Subject to this Subdivision, a person is qualified for an austudy payment in respect of a period if, throughout the period: (a) the person satisfies the activity test (see Subdivision B); and (b) the person is of austudy age (see Subdivision C); and (c) the person is an Australian resident.
Note: Division 2 sets out situations in which an austudy payment is not payable even if the person qualifies for it.

568AA Qualification for austudy payment—new apprentices Subject to this Subdivision, a person is qualified for an austudy payment in respect of a period if, throughout the period: (a) the person is a new apprentice; and (b) the person is of austudy age (see Subdivision C); and (c) the person is an Australian resident.
Note: Division 2 sets out situations in which an austudy payment is not payable even if the person qualifies for it.
568A Qualification for austudy payment—transferee from social security pension If: (a) a person was receiving a social security pension; and (b) the person claims an austudy payment within 14 days after the day on which the last instalment of the person’s pension was paid; and Social Security Act 1991 613 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11A Austudy payment Division 1 Qualification for austudy payment Section 569 (c) the person becomes qualified for an austudy payment at some time during the 14 day period but after the first day of that period; the person is taken to be qualified for an austudy payment for the whole of the 14 day period.
Subdivision B—Activity test 569 Activity test General (1) Subject to subsection (2), a person satisfies the activity test in respect of a period if the person satisfies the Secretary that, throughout the period, the person is undertaking qualifying study (see section 569A).
Persons who do not satisfy the activity test (2) A person cannot be taken to satisfy the activity test if the person: (a) is a new apprentice; or (b) has completed a course for: (i) a degree of Doctor at an educational institution; or (ii) a qualification at a foreign institution that is, in the Secretary’s opinion, of the same standing as a degree of Doctor at an educational institution.

Note: For educational institution see subsection 23(1).
569A Undertaking qualifying study For the purposes of this Part, a person is undertaking qualifying study if: (a) the person: (i) is enrolled in a course of education at an educational institution; or (ii) was enrolled in the course and satisfies the Secretary that he or she intends, and has (since no longer being 614 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Austudy payment Part 2.11A Qualification for austudy payment Division 1 Section 569AA enrolled) always intended, to re-enrol in the course when re-enrolments in the course are next accepted; or (iii) was enrolled in the course and satisfies the Secretary that he or she intends, and has (since no longer being enrolled) always intended, to enrol in another course of education (at the same or a different educational institution) when enrolments in the other course are next accepted; and (b) the course in which the person is enrolled, or intends to enrol, is an approved course of education or study (see section 569B); and (c) the person is a full-time student or a concessional study-load student in respect of that course (see sections 569C and 569D); and (d) the person satisfies the progress rules (see sections 569G and 569H).
Note: Only one course of education can be considered in deciding if a person satisfies the undertaking qualifying study requirement: see section 569AA.

569AA One course of education (1) Whether subparagraph 569A(a)(i) or (ii) and paragraphs 569A(b), (c) and (d) are satisfied in relation to a person is to be determined in relation to only one course of education.
(2) Whether a person satisfies the Secretary of the person’s intention mentioned in subparagraph 569A(a)(iii) and whether paragraphs 569A(b), (c) and (d) are satisfied in relation to the person is to be determined in relation to only one course of education.

Note 1: Note 2: The effect of this section is that 2 or more courses of education for a person cannot be aggregated to satisfy the undertaking qualifying study requirement.
The one course of education may be a combined course: see the legislative instrument made under section 5D of the Student Assistance Act 1973.
Social Security Act 1991 615 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11A Austudy payment Division 1 Qualification for austudy payment Section 569B 569B Approved course of education or study For the purposes of paragraph 569A(b), a course is an approved course of education or study if it is a course determined, under section 5D of the Student Assistance Act 1973, to be a secondary course or a tertiary course for the purposes of that Act.
569C Full-time students For the purposes of this Subdivision, a person is a full-time student in respect of a course if: (a) in the case of a person who is enrolled in the course for a particular study period (such as, for example, a semester)— the person is undertaking at least three quarters of the normal amount of full-time study in respect of the course for that period; or (b) in the case of a person who intends to enrol in the course for a particular study period—the person intends to undertake at least three quarters of the normal amount of full-time study in respect of the course for that period.
Note: For normal amount of full-time study see section 569E.

569D Concessional study-load students (1) For the purposes of this Subdivision, there are 2 classes of concessional study-load students, namely: (a) 25% concessional study-load students; and (b) 66% concessional study-load students.
(2) For the purposes of this Subdivision, a person is a 25% concessional study-load student in respect of a course if this subsection applies to the person and: (a) in the case of a person who is enrolled in the course for a particular study period (such as, for example, a semester)— the person is undertaking at least one quarter, but less than three quarters, of the normal amount of full-time study in respect of the course for that period; or 616 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Austudy payment Part 2.11A Qualification for austudy payment Division 1 Section 569D (b) in the case of a person who intends to enrol in the course for a particular study period—the person intends to undertake at least one quarter, but less than three quarters, of the normal amount of full-time study in respect of the course for that period.
(3) For the purposes of this Subdivision, a person is a 66% concessional study-load student in respect of a course if this subsection applies to the person and: (a) in the case of a person who is enrolled in the course for a particular study period (such as, for example, a semester)— the person is undertaking at least two thirds, but less than three quarters, of the normal amount of full-time study in respect of the course for that period; or (b) in the case of a person who intends to enrol in the course for a particular study period—the person intends to undertake at least two thirds, but less than three quarters, of the normal amount of full-time study in respect of the course for that period.
Note: For normal amount of full-time study see section 569E.
(4) Subsection (2) applies to a person if: (a) an officer in the Commonwealth Rehabilitation Service or an appropriate medical practitioner who has a detailed knowledge of the person’s physical condition has stated in writing that: (i) the person has a substantial physical disability; and (ii) the person cannot successfully undertake the normal amount of full-time study in respect of the course because of the disability; or (b) a medical practitioner specialising in psychiatry has stated in writing that: (i) the person has a substantial psychiatric disability; and (ii) the person cannot successfully undertake the normal amount of full-time study in respect of the course because of the disability; or Social Security Act 1991 617 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11A Austudy payment Division 1 Qualification for austudy payment Section 569E (c) a psychologist who is registered with the Board established under the law of a State or Territory that registers psychologists has stated in writing that the person: (i) is intellectually disabled; and (ii) cannot successfully undertake the normal amount of full-time study in respect of the course because of the disability.
(5) Subsection (3) applies to a person if: (a) the person cannot undertake the course as a full-time student because of: (i) the relevant educational institution’s usual requirements for the course; or (ii) a specific direction in writing to the person from the academic registrar or an equivalent officer; or (b) the academic registrar (or an equivalent officer) of the relevant educational institution recommends in writing that the person undertake less than the normal amount of full-time study in respect of the course for specified academic or vocational reasons for a period not exceeding half an academic year.
569E Normal amount of full-time study (1) For the purposes of this Subdivision, the normal amount of full-time study in respect of a course is: (a) if: (i) the course is a course of study within the meaning of the Higher Education Support Act 2003; and (ii) there are Commonwealth supported students (within the meaning of that Act) enrolled in the course; the full-time student load for the course; or (b) if the course is not such a course and the institution defines an amount of full-time study that a full-time student should typically undertake in respect of the course—the amount so defined; or 618 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Austudy payment Part 2.11A Qualification for austudy payment Division 1 Section 569F (c) otherwise—an amount of full-time study equivalent to the average amount of full-time study that a person would have to undertake for the duration of the course in order to complete the course in the minimum amount of time needed to complete it.
(2) Without limiting subsection (1), the normal amount of full-time study in respect of a course is an average, taken over the duration of the period for which the person in question is enrolled in the course, of 20 contact hours per week.
569F First fortnight of classes A person is taken to be undertaking full-time study or a concessional study-load (as the case may be) in respect of a course during the period (the relevant period): (a) starting on the first day of classes in a study period; and (b) ending on the Friday of the second week of classes in the study period; if the person is enrolled in the course and undertakes study in respect of the course on at least one day in the relevant period.
569G Progress rules—secondary students General rule (1) Subject to subsection (2), a person enrolled in, or intending to enrol in, a secondary course satisfies the progress rules for the purposes of paragraph 569A(d) if, in the Secretary’s opinion, the person is making satisfactory progress towards completing the course.
Students repeating year 12 (2) A person does not satisfy the progress rules if: (a) the person is enrolled in a secondary course that is at year 12 level, or the overall level of which is at year 12 level (see subsections (3) and (4)); and Social Security Act 1991 619 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11A Austudy payment Division 1 Qualification for austudy payment Section 569G (b) the person has been a full-time student in respect of a course at that level (a previous course) in each of 2 previous years; and (c) none of the following circumstances apply: (i) the person failed a previous course because of an illness that had not been diagnosed when the person began that course; (ii) the person failed a previous course because of other circumstances beyond the person’s control that were not apparent when the person began that course; (iii) the person failed a previous course because English is not the person’s native language; (iv) the person completed or discontinued a previous course within 6 months after the relevant academic year started; (v) each of the previous courses was undertaken more than 10 years before the present study.
Course at year 12 level (3) A secondary course is at year 12 level if the institution in which the course is undertaken regards it as being at year 12 level.

Overall level of course at year 12 level (4) The overall level of a secondary course is at year 12 level if the institution in which the course is undertaken regards at least 50% of the course as being at year 12 level.
Meaning of secondary course (5) For the purposes of this section, a course is a secondary course if it is a course determined, under section 5D of the Student Assistance Act 1973, to be a secondary course for the purposes of that Act.
620 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Austudy payment Part 2.11A Qualification for austudy payment Division 1 Section 569H 569H Progress rules—tertiary students Full-time students (1) A person who is a full-time student in respect of a tertiary course satisfies the progress rules if: (a) in the case of a person who is enrolled in the course—on the day on which the person enrolled in the course; or (b) in the case of a person who is not yet enrolled in the course but intends to enrol in the course—on the day on which enrolments in the course are next accepted; the time already spent by the student on the course, or on one or more other tertiary courses at the same level as that course, does not exceed the allowable study time for that course.
Note: For allowable study time for a course see subsection (3).
Concessional study-load students (2) A person who is a concessional study-load student in respect of a tertiary course satisfies the progress rules if: (a) in the case of a person who is enrolled in the course—on the day on which the person enrolled in the course; or (b) in the case of a person who is not yet enrolled in the course but intends to enrol in the course—on the day on which enrolments in the course are next accepted; the time already spent by the person on the course, or on one or more other tertiary courses at the same level as that course, does not exceed the allowable study time for the course.
Note: For allowable study time for a course see subsections (3) and (4).
Allowable study time—full-time students and 66% concessional study-load students (3) The allowable study time for a course undertaken by a full-time student or a 66% concessional study-load student is: Social Security Act 1991 621 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11A Austudy payment Division 1 Qualification for austudy payment Section 569H (a) if the minimum amount of time needed to complete the course as a full-time student is one year or less—that minimum amount of time; or (b) if the minimum amount of time needed to complete the course as a full-time student is more than 1 year and: (i) the student is enrolled, or intends to enrol, in a year-long subject; or (ii) the student’s further progress in the course depends on passing a whole year’s work in the course; the minimum amount of time plus 1 year; or (c) in any other case—the minimum amount of time needed to complete the course as a full-time student plus half an academic year.
Allowable study time—25% concessional study-load students (4) The allowable study time for a course undertaken by a 25% concessional study-load student is twice the minimum period in which it is possible to complete the course as a full-time student but the Secretary may approve, in particular cases, an allowable study time of up to four times the minimum period in which it is possible to complete the course as a full-time student.
Time spent by person studying part-time (5) If a student has studied part-time for a course over a certain period, the time spent by the student on that course is taken to be the proportion of that period calculated by using the formula: Study undertaken Normal full-time study where: normal full-time study means the normal amount of full-time study for the course.

study undertaken means the amount of study undertaken part-time by the student for the course.
622 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Austudy payment Part 2.11A Qualification for austudy payment Division 1 Section 569H Current full-time students who have previously undertaken courses as concessional study-load students (6) If: (a) a person is undertaking a course as a full-time student; and (b) the person has previously undertaken: (i) part of the course; or (ii) one or more than one other course at the same level as that course; as a concessional study-load student; and (c) the time spent by the person undertaking the part of the course referred to in subparagraph (b)(i), or the course or courses referred to in subparagraph (b)(ii), (the previous study) is not to be disregarded under subsection (7); the time spent by the person undertaking the previous study is taken to be equal to the minimum amount of time that a full-time student would have taken to complete the previous study.
Current 25% concessional study-load students who have previously undertaken courses on a different basis (6A) If: (a) a person is undertaking a course as a 25% concessional study-load student; and (b) the person has previously undertaken: (i) part of that course; or (ii) one or more than one other course at the same level as that course; in any of the following ways: (iii) as a full-time student; (iv) as a 66% concessional study-load student; (v) on a part-time basis; and (c) the time spent by the person undertaking the part of the course referred to in subparagraph (b)(i), or the course or courses referred to in subparagraph (b)(ii), (the previous study) is not to be disregarded under subsection (7); Social Security Act 1991 623 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11A Austudy payment Division 1 Qualification for austudy payment Section 569H the time spent by the person undertaking the previous study is taken to be: (d) twice the time that the person took to complete the previous study; or (e) if the Secretary has approved, under subsection (4), a longer allowable study time in relation to the person for the course—the time taken by the person to complete the previous study multiplied by the factor used by the Secretary for the purposes of the approval under that subsection.
Matters to be disregarded in determining whether someone has exceeded the allowable study time (7) In determining whether a person has exceeded the allowable study time (for a full-time student or a concessional study-load student), disregard the following: (a) if the person has completed a course (a pre-requisite course) the completion of which is the normal requirement for admission to the course in which the person is enrolled or intends to enrol—time spent undertaking the pre-requisite course; (b) a failed year of study, or a failed part of a year of study, if the failure is because of: (i) the person’s illness; or (ii) other circumstances beyond the person’s control; (c) time spent undertaking a course that has been permanently discontinued because of: (i) the person’s illness; or (ii) other circumstances beyond the person’s control; (d) time spent undertaking a course that has been completed but which, because of the person’s illness, the person cannot use in any of the trades or profession to which the course is appropriate; (e) time spent undertaking a TAFE course or a course provided by a VET provider if the normal length of the course for a full-time student is one year or less; 624 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Austudy payment Part 2.11A Qualification for austudy payment Division 1 Section 569H (f) time spent undertaking a course more than 10 years ago, unless the course has since
 been completed; (g) time spent undertaking a course after 1973 if the course was not: (i) approved for the Tertiary Education Assistance Scheme; or (ii) approved for the AUSTUDY scheme; or (iii) an approved course for the purposes of paragraph 541B(1)(c), 569A(b) or 1061PB(1)(b) of this Act; (h) time spent undertaking a course at a foreign institution; (i) time spent undertaking a subject from which the student withdrew, if the educational institution in which the subject was undertaken did not record the withdrawal from the subject as a failure; (j) any time spent undertaking a course during which the person was ineligible to receive: (i) AUSTUDY; or (ii) a benefit under the Tertiary Education Assistance Scheme; or (iii) youth allowance; or (iv) austudy payment; because of the application of rules in respect of academic progress.
Levels of tertiary courses (8) There are 5 levels of tertiary courses: levels M, A, B, C and D. Level M courses (8A) A course for a degree of Master (or equivalent) is a Level M course.
Level A courses (9) The following are Level A courses: Social Security Act 1991 625 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11A Austudy payment Division 1 Qualification for austudy payment Section 569H (a) a postgraduate bachelor degree course, with or without honours; (b) a graduate or postgraduate diploma course; (c) a course of practical legal training at a higher education institution; (d) a course of advanced education regarded by an accrediting authority as being at PG1 level; (e) a graduate certificate course.
Level B courses (10) The following are Level B courses: (a) a bachelor degree course (other than a postgraduate course), with or without honours; (b) the bachelor level component of a masters degree course with concurrent bachelor and masters level study; (c) a diploma course other than: (i) a graduate or postgraduate diploma course; or (ii) a course for which an entry requirement is successful completion of year 10 of secondary studies; or (iii) a TAFE course or a course provided by a VET provider; (d) a Master’s qualifying course; (e) the Barristers or Solicitors Admission Board’s course; (f) a course of advanced education regarded by an accrediting authority as being at UG1 or UG2 level.
Level C courses (11) The following are Level C courses: (a) an associate degree course; (b) an associate diploma course; (c) a diploma course at a TAFE institution or provided by a VET provider for which an entry requirement is successful completion of year 12 of secondary studies; (d) a 2-year undergraduate diploma course.
626 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Austudy payment Part 2.11A Qualification for austudy payment Division 1 Section 570 Level D courses (12) The following are Level D courses: (a) a TAFE course at a higher education institution; (b) a TAFE course or a course provided by a VET provider, unless the course is in Level M, A, B or C. Meaning of tertiary course (13) For the purposes of this section, a course is a tertiary course if it is a course determined, under section 5D of the Student Assistance Act 1973, to be a tertiary course for the purposes of that Act.
Subdivision C—Austudy age 570 Austudy age General (1) Subject to subsection (2), a person is of austudy age for the purposes of this Part if the person is at least 25 years old.

Study begun before turning 25 (2) Even if the person is at least 25 years old, the person is taken not to be of austudy age if the person: (a) was receiving youth allowance immediately before turning 25; and (b) has not yet attained the maximum age for youth allowance (see subsection 543B(2)).
Social Security Act 1991 627 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11A Austudy payment Division 2 Situations in which austudy payment is not payable Section 572 Division 2—Situations in which austudy payment is not payable Subdivision A—Situation in which austudy payment not payable (general) 572 Austudy payment not payable if payment rate nil (1) Subject to subsection (2), an austudy payment is not payable to a person if the person’s austudy payment rate would be nil.
(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because: (a) an election by the person under subsection 915A(1) (about quarterly energy supplement) or 1061VA(1) (about quarterly pension supplement) is in force; or (b) the person has been paid an advance pharmaceutical allowance under the social security law.
572A Situations where austudy payment not payable for failure to comply with certain requirements Austudy payment is not payable to a person if the person refuses or fails, without reasonable excuse, to comply with a requirement made of the person under section 67, 68 or 192 of the Administration Act.
Subdivision B—Assets test 573 Austudy payment not payable if assets value limit exceeded An austudy payment is not payable to a person if the value of the person’s assets is more than the person’s assets value limit.

Note: For assets value limit see section 573B.
628 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Austudy payment Part 2.11A Situations in which austudy payment is not payable Division 2 Section 573B 573B Assets value limit A person’s assets value limit is: (a) $250,000 if the person: (i) is not a member of a couple (see section 4); and (ii) is a homeowner; or (b) $450,000 if the person: (i) is not a member of a couple; and (ii) is not a homeowner; or (c) $375,000 if the person: (i) is a member of a couple; and (ii) is a homeowner; or (d) $575,000 if the person: (i) is a member of a couple; and (ii) is not a homeowner.
Note 1: For homeowner see subsection 11(4).

Note 2: The amounts in this section are indexed annually on 1 July (see sections 1191 to 1194).

573C Value of person’s assets to include value of assets of partner The value of a person’s assets is the sum of the following values: (a) the value of the person’s assets (disregarding paragraph (b)); (b) if the person is a member of a couple (see section 4)—the value of the assets of the person’s partner.
Subdivision D—Waiting periods 575 Waiting periods (1) An austudy payment is not payable to a person who is qualified for an austudy payment while the person is subject to a waiting period.
(2) For the purposes of this Part, a person may be subject to the following waiting periods: Social Security Act 1991 629 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11A Austudy payment Division 2 Situations in which austudy payment is not payable Section 575A (a) a liquid assets test waiting period (see sections 575A, 575B and 575C); (b) a newly arrived resident’s waiting period (see sections 575D and 575E).
575A Liquid assets test waiting period When person subject to liquid assets test waiting period—general (1) Subject to this section, if: (a) the value of a person’s liquid assets is more than the person’s maximum reserve on: (i) the day on which the person becomes qualified for austudy payment; or (ii) the day on which the person claims austudy payment; and (b) the person is not a transferee to austudy payment; the person is subject to a liquid assets test waiting period.
Note: For liquid assets and maximum reserve see section 14A.
Exception—person already subject to liquid assets test waiting period in previous 12 months (2) Subsection (1) does not apply to a person if, at any time during the 12 months before: (a) the day on which the person becomes qualified for austudy payment; or (b) the day on which the person claims austudy payment; the person: (c) was subject to a liquid assets test waiting period under this Part and that period has ended; or (d) has served a liquid assets test waiting period under another Part of this Act; or (e) has served a liquid assets test waiting period under the Student Assistance Act 1973 as previously in force.
630 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Austudy payment Part 2.11A Situations in which austudy payment is not payable Division 2 Section 575B Exception—waiver for hardship (3) If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while serving a liquid assets test waiting period, the Secretary may determine that the person does not have to serve the whole, or any part, of the waiting period.
Note 1: For in severe financial hardship see subsections 19C(2) (person who is not a member of a couple) and 19C(3) (person who is a member of a couple).

Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).

Exception—certain transferees to austudy payment (4) Subsection (1) does not apply to a person if: (a) the person is a transferee to austudy payment; and (b) the person claims austudy payment within 14 days of the transfer day.
575B Start of liquid assets test waiting period The liquid assets test waiting period of a person starts on the day on which the person became qualified for austudy payment.
575C Length of liquid assets test waiting period Number of weeks (1) A person’s liquid assets test waiting period is: (a) if the result obtained under subsection (2) is 13 or more whole weeks—13 weeks; or (b) if the result obtained under subsection (2) is fewer than 13 whole weeks—the number of whole weeks obtained under that subsection.
Social Security Act 1991 631 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11A Austudy payment Division 2 Situations in which austudy payment is not payable Section 575D Working out number of weeks (2) Subject to subsection (3), the number of weeks is worked out by using the following formula: Liquid assets – Maximum reserve amount Divisor where: divisor, in relation to the person, means: (a) if the person is not a member of a couple and does not have a dependent child—$500; or (b) otherwise—$1,000.
liquid assets means the person’s liquid assets on the day referred to in subparagraph 575A(1)(a)(i) or (ii) (as the case requires).

maximum reserve amount means the maximum reserve in relation to the person under subsection 14A(1).

Weeks etc.

to be disregarded (3) For the purposes of subsection (2), disregard: (a) any weeks after the person claimed austudy payment during which the person was not qualified for austudy payment; and (b) any fractions of a week.
575D Newly arrived resident’s waiting period Basic rule (1) Subject to this section, a person is subject to a newly arrived resident’s waiting period if the person: (a) has entered Australia; and (b) has not been an Australian resident in Australia for a period of, or periods totalling, 208 weeks.

Note: For Australian resident see subsection 7(2).


632 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Austudy payment Part 2.11A Situations in which austudy payment is not payable Division 2 Section 575E Exception—qualifying residence exemption (2) Subsection (1) does not apply to a person who has a qualifying residence exemption for an austudy payment.
Note: For qualifying residence exemption in relation to austudy payment, see paragraph 7(6AA)(f).
Exception—other (3) Subsection (1) does not apply to a person if: (a) the person is a refugee, or a former refugee, at the time the person made the claim for an austudy payment; or (b) the following apply: (i) before the person made the claim for an austudy payment, the person was a family member of another person at the time the other person became a refugee; (ii) the person is a family member of that other person at the time the person made the claim for an austudy payment or, if that other person has died, the person was a family member of that other person immediately before that other person died; or (c) the person is an Australian citizen at the time the person made the claim for an austudy payment.
(4) For the purposes of subsection (3): (a) family member has the meaning given by subsection 7(6D); and (b) former refugee has the meaning given by subsection 7(1); and (c) refugee has the meaning given by subsection 7(6B).
575E Length of newly arrived resident’s waiting period If a person is subject to a newly arrived resident’s waiting period, the period: (a) starts on the day the person first became an Australian resident; and Social Security Act 1991 633 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11A Austudy payment Division 2 Situations in which austudy payment is not payable Section 575EA (b) ends when the person has been an Australian resident in Australia for a period of, or periods totalling, 208 weeks after that day.
Note: For Australian resident see subsection 7(2).

575EA Seasonal workers—preclusion period Application (1) This section applies if: (a) a person has lodged a claim for austudy payment; and (b) at any time during the 6 months immediately before the day on which the person lodged the claim, the person, or the person’s partner, has been engaged in seasonal work.

Note: For seasonal work see subsection 16A(1).
Exclusion during seasonal work preclusion period (2) Austudy payment is not payable to the person: (a) if the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act) and the Secretary has not made a determination under subsection (3) in relation to the person—for the person’s seasonal work preclusion period; or (b) if the Secretary has made a determination under subsection (3) in relation to the person—for that part (if any) of the person’s seasonal work preclusion period to which the person is subject as a result of the determination.
Note: For seasonal work preclusion period see subsection 16A(1).
Exemption in cases of severe financial hardship (3) If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act): 634 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Austudy payment Part 2.11A Situations in which austudy payment is not payable Division 2 Section 575F (a) the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and (b) the determination has effect accordingly.
Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) or subsection 19C(3) (person who is a member of a couple).

Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).

575F Effect of being subject to 2 waiting periods For the avoidance of doubt, if a person is subject to 2 waiting periods under this Subdivision, an austudy payment is not payable to the person until both of those waiting periods have ended.
Subdivision E—Situations where austudy payment not payable because of austudy participation failure 576 Austudy participation failures Meaning of austudy participation failure (1) A person commits an austudy participation failure if the person: (a) fails to comply with a requirement: (i) that was notified to the person under subsection 63(2) or (4) of the Administration Act; and (ii) that was reasonable; and (iii) the notification of which included a statement to the effect that a failure to comply with the requirement could constitute an austudy participation failure; or (b) fails to satisfy the activity test; or (c) fails to comply with a requirement to undertake another activity referred to in paragraph 576A(1)(b).
Reasonable excuse (2) Despite subsection (1), a failure of a kind referred to in that subsection is not an austudy participation failure if the person Social Security Act 1991 635 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11A Austudy payment Division 2 Situations in which austudy payment is not payable Section 576 satisfies the Secretary that the person had a reasonable excuse for the failure.
(2A) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether, for the purposes of subsection (2), a person had a reasonable excuse for committing an austudy participation failure.
(2B) To avoid doubt, a determination under subsection (2A) does not limit the matters that the Secretary may take into account in deciding whether, for the purposes of subsection (2), a person had a reasonable excuse for committing the austudy participation failure referred to in subsection (1).
Subsequent failures in the same instalment period (3) Despite subsection (1), if a failure of a kind referred to in that subsection occurs in an instalment period of the person in which the person has already committed an austudy participation failure, the failure is not an austudy participation failure if: (a) the instalment period is the person’s first instalment period for austudy payment; or (b) the instalment period is not the person’s first instalment period for austudy payment, and: (i) the person did not commit an austudy participation failure in the immediately preceding instalment period of the person; or (ii) in respect of each austudy participation failure that the person committed in the immediately preceding instalment period of the person, the person acted in accordance with a requirement of the Secretary that was notified in respect of that failure.
636 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Austudy payment Part 2.11A Situations in which austudy payment is not payable Division 2 Section 576A 576A Allowance not payable because of austudy participation failure General (1) Austudy payment is not payable to a person, for the period starting in accordance with section 576B and ending in accordance with section 576C, if: (a) the person commits an austudy participation failure; and (b) the Secretary requires the person: (i) to comply with the requirement, or undertake the activity, to which the austudy participation failure relates; or (ii) to comply with a particular requirement, or undertake a particular activity, in place of the requirement or activity to which the failure relates; during the participation failure instalment period for the failure, or at a particular time during that period; and (c) the person fails to comply with the requirement.
Reasonable excuse etc.

(2) This section does not apply in relation to the failure if: (a) the Secretary is satisfied that the person had a reasonable excuse for the failure referred to paragraph (1)(c); or (b) the Secretary is for any other reason satisfied that subsection (1) should not apply to the failure.
(2A) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether, for the purposes of paragraph (2)(a), a person had a reasonable excuse for a failure of a kind mentioned in paragraph (1)(c).
(2B) To avoid doubt, a determination under subsection (2A) does not limit the matters that the Secretary may take into account in deciding whether, for the purposes of paragraph (2)(a), a person had a reasonable excuse for the failure referred to in paragraph (1)(c).
Social Security Act 1991 637 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11A Austudy payment Division 2 Situations in which austudy payment is not payable Section 576B Meaning of participation failure instalment period (3) The participation failure instalment period for the austudy participation failure is the next instalment period of the person to start after the day on which the Secretary first became aware that the person committed the failure.
Failures covered by section 577 (4) This section does not apply to an austudy participation failure if section 577 applies to the failure.

576B When the period of non-payment starts The period for which austudy payment is not payable to the person because of section 576A is taken to have started at the start of the participation failure instalment period for the austudy participation failure.
576C When the period of non-payment ends The period for which austudy payment is not payable to the person because of section 576A ends when: (a) in accordance with a requirement of the Secretary that the person comply with the requirement, or undertake the activity, to which the austudy participation failure related, the person has complied with the requirement or undertaken the activity; or (b) in accordance with a requirement of the Secretary that the person undertake another activity in place of the requirement or activity to which the austudy participation failure related, the person has undertaken the other activity; or (c) in accordance with a requirement of the Secretary that the person comply with another requirement in place of the requirement or activity to which the austudy participation failure related, the person has complied with the other requirement.
638 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Austudy payment Part 2.11A Situations in which austudy payment is not payable Division 2 Section 577 Subdivision F—Situations where payment not payable because of repeated failure 577 Payment not payable because of repeated failure General (1) Austudy payment is not payable to a person, for the period of 8 weeks starting in accordance with section 577A, if the person commits an austudy participation failure (the repeated failure), having committed austudy participation failures (the earlier failures) on 2 or more other occasions during the period of 12 months preceding that failure.
Reasonable excuse etc.

(2) Disregard any earlier failure that is a failure to which subsection 576A(1) does not apply because of subsection 576A(2).

(3) Subsection (1) does not apply in relation to the repeated failure if the Secretary is for any other reason satisfied that subsection (1) should not apply to the failure.
577A When the period of non-payment starts The period for which austudy payment is not payable to the person is taken to start, or to have started: (a) if the repeated failure occurs during a participation failure instalment period for an earlier failure—at the start of the participation failure instalment period for the earlier failure; or (b) otherwise—at the start of the next instalment period of the person to start after the day on which the Secretary first became aware that the person committed the failure.
Note: For participation failure instalment period see subsection 576A(3).
Social Security Act 1991 639 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11A Austudy payment Division 2 Situations in which austudy payment is not payable Section 578 Subdivision G—Multiple entitlement exclusions 578 Multiple entitlement exclusions (1) An austudy payment is not payable to a person who is qualified for an austudy payment while the person is subject to a multiple entitlement exclusion.
(2) For the purposes of this Division, a person is subject to a multiple entitlement exclusion if: (a) the person is receiving an austudy payment and another social security benefit, a social security pension, a service pension, income support supplement or a veteran payment becomes payable to the person; or (b) a payment under a scheme referred to in section 578A has been, or may be, made to the person; or (c) an assurance of support applies to the person.
(3) An austudy payment is not payable to a person in respect of a period if the person is a CDEP Scheme participant in respect of the whole or any part of the period.
(4) An austudy payment is not payable to a person if: (a) the person is an armed services widow or an armed services widower; and (b) the person is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA.

Note 1: For armed services widow and armed services widower see subsection 4(1).

Note 2: For MRCA see subsection 23(1).
640 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Austudy payment Part 2.11A Situations in which austudy payment is not payable Division 2 Section 578A 578A Person receiving payment under certain schemes General (1) Subject to subsection (2), the schemes for the purposes of paragraph 578(2)(b) are: (a) a prescribed educational scheme other than the ABSTUDY Scheme to the extent that it applies to part-time students; and (b) the scheme to provide an allowance known as the Maintenance Allowance for Refugees; and (c) the scheme to provide an allowance known as the Adult Migrant Education Program Living Allowance; and (d) the scheme to provide an allowance known as the English as a Second Language Allowance to the extent that the scheme applies to full-time students; and (e) the scheme known as the Ready Reserve Education Assistance Scheme; and (f) the scheme to provide an allowance known as the Living Away from Home Allowance.
Note: For prescribed educational scheme see section 5.
Application made under ABSTUDY Scheme (2) If: (a) a person is undertaking qualifying study in respect of a course of education that is to last for 6 months or more; and (b) an application is made for a payment in respect of the person under the ABSTUDY Scheme; and (c) the person was receiving an austudy payment immediately before the start of the course; the Secretary may decide that the person is not subject to a multiple entitlement exclusion, because of subsection (1), before: (d) the application is determined; or (e) the end of the period of 3 weeks beginning on the day on which the course starts; whichever happens first.
Social Security Act 1991 641 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11A Austudy payment Division 2 Situations in which austudy payment is not payable Section 578B 578B Assurance of support An assurance of support applies to a person if: (a) an assurance of support is in force in respect of the person (assuree); and (b) the person who gave the assurance was willing and able to provide an adequate level of support to the assuree; and (c) it was reasonable for the assuree to accept that support.
Note: For assurance of support see subsection 23(1).
642 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Austudy payment Part 2.11A Rate of austudy payment Division 5 Section 581 Division 5—Rate of austudy payment 581 How to work out a person’s austudy payment rate Subject to this section, the rate of a person’s austudy payment is to be worked out in accordance with the Austudy Payment Rate Calculator in section 1067L.
Social Security Act 1991 643 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11A Austudy payment Division 10 Bereavement payments on death of partner Section 592 Division 10—Bereavement payments on death of partner 592 Qualification for payments under this Division Qualification for payment (1) If: (a) a person is receiving an austudy payment; and (b) the person is a long-term social security recipient; and (c) the person is a member of a couple; and (d) the person’s partner dies; and (e) immediately before the partner died, the partner: (i) was receiving a social security pension; or (ii) was receiving a service pension, income support supplement or a veteran payment; or (iii) was a long-term social security recipient; and (f) on the person’s payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Division is less than the sum of: (i) the amount that would otherwise be payable to the person under section 592C (person’s continued rate) on that payday; and (ii) the amount (if any) that would otherwise be payable to the person under section 592A (continued payment of partner’s pension or benefit) on the partner’s payday immediately before the first available bereavement adjustment payday; the person is qualified for payments under this Division to cover the bereavement period.
Note 1: Section 592A provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person’s partner during that period if the partner had not died.
Note 2: Section 592B provides for a lump sum that represents the instalments that would have been paid to the person’s partner, between the first 644 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Austudy payment Part 2.11A Bereavement payments on death of partner Division 10 Section 592A available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.
Note 3: For first available bereavement adjustment payday and bereavement period see section 21.

Choice not to receive payments (2) A person who is qualified for payments under this Division may choose not to receive payments under this Division.
Form of choice (3) A choice under subsection (2): (a) must be made by written notice to the Secretary; and (b) may be made after the person has been paid an amount or amounts under this Division; and (c) cannot be withdrawn after the Department has taken all the action required to give effect to that choice.
Rate during bereavement period (4) If a person is qualified for payments under this Division in relation to the partner’s death, the rate at which austudy payment is payable to the person during the bereavement period is, unless the person has made a choice under subsection (2), governed by section 592C.
592A Continued payment of partner’s pension or benefit If a person is qualified for payments under this Division in relation to the death of the person’s partner, there is payable to the person, on each of the partner’s paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the partner on that payday if the partner had not died.

Note: For bereavement rate continuation period see section 21.
Social Security Act 1991 645 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11A Austudy payment Division 10 Bereavement payments on death of partner Section 592B 592B Lump sum payable in some circumstances If: (a) a person is qualified for payments under this Division in relation to the death of the person’s partner; and (b) the first available bereavement adjustment payday occurs before the end of the bereavement period; there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.
Lump sum calculator Method statement Step 1.

Add up: (a) (b) the amount that, if the person’s partner had not died, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday; and the amount (if any) that, if the partner had not died, would have been payable to the partner on the partner’s payday immediately before the first available bereavement adjustment payday; the result is the combined rate.

Step 2.
Step 2.

Work out the amount that, apart from section 592C, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday: the result is the person’s individual rate.

Step 3.

Take the person’s individual rate away from the combined rate: the result is the partner’s instalment component.
646 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Austudy payment Part 2.11A Bereavement payments on death of partner Division 10 Section 592C Step 4.

Work out the number of the partner’s paydays in the bereavement lump sum period.

Step 5.

Multiply the partner’s instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable to the person under this section.
592C Adjustment of person’s austudy payment rate If: (a) a person is qualified for payments under this Division; and (b) the person does not elect under subsection 592(2) not to receive payments under this Division; the rate of the person’s austudy payment during the bereavement period is worked out as follows: (c) during the bereavement rate continuation period, the rate of austudy payment payable to the person is the rate at which the austudy payment would have been payable to the person if the person’s partner had not died; (d) during the bereavement lump sum period (if any), the rate at which austudy payment is payable to the person is the rate at which austudy payment would be payable to the person apart from this Division.
592D Effect of death of person entitled to payments under this Division If: (a) a person is qualified for payments under this Division in relation to the death of the person’s partner; and (b) the person dies within the bereavement period; and (c) the Secretary does not become aware of the death of the person’s partner before the person dies; there is payable, to any person that the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.
Social Security Act 1991 647 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11A Austudy payment Division 10 Bereavement payments on death of partner Section 592D Lump sum calculator Method statement Step 1.
Add up: (a) (b) the amount that, if neither the person nor the person’s partner had died, would have been payable to the person on the person’s payday immediately after the day on which the person dies; and the amount (if any) that, if neither the person nor the person’s partner had died, would have been payable to the person’s partner on the partner’s payday immediately after the day on which the person died; the result is the combined rate.

Step 2.
Step 2.

Work out the amount that, apart from section 592C, would have been payable to the person on the person’s payday immediately after the day on which the person died if the person had not died: the result is the person’s individual rate.

Step 3.

Take the person’s individual rate away from the combined rate: the result is the partner’s instalment component.

Step 4.
Step 4.

Work out the number of paydays of the partner in the period that begins on the day on which the person dies and ends on the day on which the bereavement period ends.

Step 5.

Multiply the partner’s instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable under this section.
648 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Austudy payment Part 2.11A Bereavement payments on death of partner Division 10 Section 592E 592E Matters affecting payments under this Division Recovery/reduction of amount payable (1) If: (a) a person is qualified for payments under this Division in relation to the death of the person’s partner; and (b) after the person’s partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act; and (c) the Secretary is not satisfied that the person has not had the benefit of that amount; the following provisions have effect: (d) the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person’s partner, except to the extent (if any) that the amount is more than the amount payable to the person under this Division; (e) the amount payable to the person under this Division is to be reduced by the amount referred to in paragraph (b).
Bank not liable (2) If: (a) a person is qualified for payments under this Division in relation to the death of the person’s partner; and (b) the amount to which the person’s partner would have been entitled if the person’s partner had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and (c) the bank pays to the person, out of the account, an amount not more than the total of the amounts paid as mentioned in paragraph (b); the bank is, despite anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal Social Security Act 1991 649 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11A Austudy payment Division 10 Bereavement payments on death of partner Section 592E representative of the person’s partner or anyone else in respect of the payment of that money to the person.
650 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Scholarship payments for students Part 2.11B Relocation scholarship payment Division 2 Section 592J Part 2.11B—Scholarship payments for students Division 2—Relocation scholarship payment 592J Qualification for relocation scholarship payment A person is qualified for a relocation scholarship payment at a time (the qualification time) if: (a) at the qualification time, the person is qualified for youth allowance and youth allowance is payable to the person; and (b) at the qualification time, the person is receiving youth allowance and would be receiving youth allowance if steps 2 and 3 of the method statement in point 1067G-A1 of the Youth Allowance Rate Calculator were disregarded for the purposes of working out the person’s rate of that allowance; and (c) the person: (i) is independent because of subsection 1067A(3), (5), (6), (7), (8), (9) or (11); or (ii) is not independent (see section 1067A) but is required to live away from home (see section 1067D); and (d) the person is receiving youth allowance because the person is undertaking full-time study in an approved scholarship course; and (e) the Secretary is satisfied that in the period of 35 days starting immediately after the qualification time, the person proposes to start to undertake the course or to continue to undertake the course; and (f) the Secretary is satisfied that the person is not likely to receive the amount or value of a disqualifying accommodation scholarship in the period of 12 months starting immediately after the qualification time.
Note: For approved scholarship course, see section 592M.
Social Security Act 1991 651 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11B Scholarship payments for students Division 2 Relocation scholarship payment Section 592K 592K Circumstances in which person is not qualified for relocation scholarship payment Previous qualification for, or receipt of, same or similar payment (1) Despite section 592J, a person is not qualified for a relocation scholarship payment if 1 or more of the circumstances listed in subsection (2) apply to the person in the period of 12 months (or shorter period determined under subsection (3)) ending immediately before the person’s qualification time.
(2) The circumstances are: (a) the person has qualified for a relocation scholarship payment; or (b) the person has qualified for a payment under the ABSTUDY Scheme known as an ABSTUDY relocation scholarship payment; or (c) the person has qualified for a payment known as a relocation scholarship payment under the scheme referred to in section 117 of the Veterans’ Entitlements Act; or (d) the person has qualified for a payment known as a relocation scholarship payment under the scheme referred to in section 258 of the Military Rehabilitation and Compensation Act; or (e) the person has received the amount or value of a disqualifying accommodation scholarship; or (f) the person was entitled to the amount or value of a disqualifying accommodation scholarship but has not received the full entitlement only because the scholarship was suspended.
(3) For the purposes of subsection (1), the Secretary may determine a period in relation to a person that is at least 3 months but less than 12 months if the Secretary considers that the determination would enable the person to qualify for a relocation scholarship payment on or near 1 January in a year.
652 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Scholarship payments for students Part 2.11B Relocation scholarship payment Division 2 Section 592K (4) However, the Secretary must not make a determination under subsection (3) if the effect of the determination would be to enable the person to receive more than 2 relocation scholarship payments in a period of 2 successive calendar years.
Independent but did not receive same or similar payment (5) Despite section 592J, a person is not qualified for a relocation scholarship payment if: (a) at the person’s qualification time, the person has attained the age at which the person is independent (see subsection 1067A(4)); and (b) before the qualification time, the person has not received any of the following: (i) a relocation scholarship payment; (ii) a payment under the ABSTUDY Scheme known as an ABSTUDY relocation scholarship; (iii) a payment known as a relocation scholarship payment under the scheme referred to in section 117 of the Veterans’ Entitlements Act; (iv) a payment known as a relocation scholarship payment under the scheme referred to in section 258 of the Military Rehabilitation and Compensation Act; (v) the amount or value of a disqualifying accommodation scholarship.
Person’s place of study is in a major city location (6) Despite section 592J, a person is not qualified for a relocation scholarship payment if: (a) at the person’s qualification time, the person is not independent (see section 1067A); and (b) at the person’s qualification time, the person is required to live away from home (see section 1067D); and (c) on the day the person started to undertake the course referred to in paragraph 592J(d), the home of each parent of the person was in a major city location; and Social Security Act 1991 653 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11B Scholarship payments for students Division 2 Relocation scholarship payment Section 592L (d) at the person’s qualification time, the person’s place of study, worked out in accordance with an instrument in force under subsection (8), is in a major city location.
Note: For parent see subsection 5(1) and for major city location see subsection (9).
(7) Despite section 592J, a person is not qualified for a relocation scholarship payment if: (a) at the person’s qualification time, the person is independent because of subsection 1067A(3), (5), (6), (7), (8), (9) or (11); and (b) on the day 6 months before the person started to undertake the course referred to in paragraph 592J(d), the person’s usual place of residence was in a major city location; and (c) at the person’s qualification time, the person’s place of study, worked out in accordance with an instrument in force under subsection (8), is in a major city location.
Note: For major city location see subsection (9).

(8) The Secretary may, by legislative instrument, make principles that must be complied with when working out a person’s place of study at a particular time.

(9) In this section: major city location means a location categorised as one of the Major Cities of Australia, under the Remoteness Structure as defined in subsection 1067A(10F).
592L Amount of relocation scholarship payment (1) The amount of a relocation scholarship payment to a person is $4,000 if the person has not received a student relocation payment (see subsection (7)) before.

Note: The amount of a relocation scholarship payment for which a person is qualified on or after 1 January 2013 is indexed annually in line with CPI increases (see sections 1190 to 1194).
(2) Subsection (1) does not apply if: 654 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Scholarship payments for students Part 2.11B Relocation scholarship payment Division 2 Section 592L (a) the person has, at any time before the calendar year containing the qualification time, undertaken full-time study in a course that, had the person undertaken it at the qualification time, would have been an approved scholarship course at that time; and (b) at a time that was both while the person was undertaking that study and more than 6 months before the qualification time, the person was either: (i) independent because of subsection 1067A(3), (5), (6), (7), (8), (9) or (11); or (ii) required to live away from home (see section 1067D).
(3) The amount of a relocation scholarship payment to a person is $1,000 if neither subsection (1) nor subsection (4) applies.

Note: The amount of a relocation scholarship payment for which a person is qualified on or after 1 January 2013 is indexed annually in line with CPI increases (see sections 1190 to 1194).
(4) The amount of a relocation scholarship payment to a person is $2,000 if: (a) in 1 or more calendar years (the prior years) that precede the calendar year containing the qualification time, the person undertook full-time study in a course that, had the person undertaken it at the qualification time, would have been an approved scholarship course at that time; and (b) in 1 or 2 (but no more) of the prior years: (i) the person was, while undertaking such study, either independent because of subsection 1067A(3), (5), (6), (7), (8), (9) or (11) or required to live away from home (see section 1067D); or (ii) the person received a student relocation payment (see subsection (7)); and (c) subsection (5) or (6) applies to the person.
Note: The amount of a relocation scholarship payment for which a person is qualified on or after 1 January 2013 is indexed annually in line with CPI increases (see sections 1190 to 1194).
(5) This subsection applies to a person if, at the qualification time: Social Security Act 1991 655 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11B Scholarship payments for students Division 2 Relocation scholarship payment Section 592L (a) the person is not independent (see section 1067A); and (b) the person is required to live away from home (see section 1067D); and (c) the home of a parent of the person is in a regional or remote location (see subsection (7)).
Note: For parent see subsection 5(1).

(6) This subsection applies to a person if: (a) at the qualification time, the person is independent because of subsection 1067A(3), (5), (6), (7), (8), (9) or (11); and (b) at the time 6 months before the person first undertook study described in paragraph (4)(a) of this section, the person’s usual place of residence was in a location that at the qualification time is a regional or remote location (see subsection (7)).
Definitions (7) In this section: regional or remote location means: (a) a location categorised as Inner Regional Australia, Outer Regional Australia, Remote Australia or Very Remote Australia, under the Remoteness Structure as defined in subsection 1067A(10F); or (b) Norfolk Island.
student relocation payment means any of the following: (a) a relocation scholarship payment; (b) a payment under the ABSTUDY Scheme known as an ABSTUDY relocation scholarship payment; (c) a payment known as a relocation scholarship payment under the scheme referred to in section 117 of the Veterans’ Entitlements Act; (d) a payment known as a relocation scholarship payment under the scheme referred to in section 258 of the Military Rehabilitation and Compensation Act; 656 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Scholarship payments for students Part 2.11B Relocation scholarship payment Division 2 Section 592L (e) the amount or value of a disqualifying accommodation scholarship.
Social Security Act 1991 657 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.11B Scholarship payments for students Division 3 Approved scholarship course Section 592M Division 3—Approved scholarship course 592M Definition In this Act: approved scholarship course means: (a) a course of study or instruction approved by the Minister under a determination made for the purposes of section 592N; or (b) if no determination is in force—a course determined to be a tertiary course under section 5D of the Student Assistance Act 1973 for the purposes of that Act.
592N Approved scholarship course (1) The Minister may, by legislative instrument, determine that a course of study or instruction is an approved scholarship course for the purposes of this Act.
(2) Despite subsection 14(2) of the Legislation Act 2003, a determination made for the purposes of subsection (1) may make provision for, or in relation to, a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing: (a) as in force or existing at a particular time; or (b) as in force or existing from time to time.
658 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 593 Part 2.12—Jobseeker payment Division 1—Qualification for and payability of jobseeker payment Subdivision A—Basic qualifications 593 Qualification for jobseeker payment (1) Subject to sections 596, 596A, 597 and 598, a person is qualified for a jobseeker payment in respect of a period if: (a) the person satisfies the Secretary that: (i) throughout the period the person is unemployed; or (ii) the person is a CDEP Scheme participant in respect of the period; or (iii) subsection (1A) applies in relation to the person for the period; and Note: For CDEP Scheme participant see section 1188B.
(b) in the case of a person to whom subparagraph (a)(i) or (iii) applies—throughout the period, or for each period within the period, the person: (i) satisfies the activity test; or (ii) is not required to satisfy the activity test; and (c) if subsection 605(1) applies to the person, at all times (if any) during the period when a Jobseeker Employment Pathway Plan is not in force in relation to the person, the person is prepared to enter into such a plan; and (d) if subsection 605(1) or (2) applies to the person, at all times during the period when a Jobseeker Employment Pathway Plan is in force in relation to the person, the person is prepared to enter into another such plan instead of the existing plan; and (e) if the person is required by the Secretary to enter into a Jobseeker Employment Pathway Plan in relation to the period, the person enters into that plan; and Social Security Act 1991 659 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 593 (f) while the plan is in force, the person satisfies the Secretary that the person is complying with the requirements in the plan; and (b) throughout the period the person satisfies subsection (1AC); and (g) throughout the period the person: (i) is at least 22 years of age and has not reached the pension age; and (ii) is an Australian resident or is exempt from the residence requirement within the meaning of subsection 7(7); and (i) the person was not in receipt of a youth allowance during the period.
Note 1: A person may be treated as unemployed (see section 595).

Note 2: The activity test is set out in section 601.

Note 3: For Jobseeker Employment Pathway Plan see sections 605 and 606.

Note 5: For pension age see section 23.

Note 6: For Australian resident see section 7.

Note 8: Note 9: A person may not be qualified if the person’s unemployment is due to industrial action (see section 596).
A person may not be qualified if the person has reduced the person’s employment prospects by moving to an area of lower employment prospects (see section 597).

Note 12: A person could be in receipt of a youth allowance during a period for which the person would qualify for a jobseeker payment, if paragraph (i) was disregarded, because of section 540C (extension of youth allowance to end of payment period).
Note 13: A jobseeker payment is not payable in certain situations even if the person is qualified (see Subdivisions C, D, E and F and Part 4.2).
(1A) This subsection applies in relation to a person for a period if: (a) the person is incapacitated for work or study throughout the period because of sickness or an accident; and (b) the incapacity is caused wholly or virtually wholly by a medical condition arising from the sickness or accident; and (c) the incapacity is, or is likely to be, of a temporary nature; and 660 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 593 (d) one of the following applies: (i) immediately before the incapacity occurred the person was in employment (whether the person was self-employed, or was employed by another person, on a full-time, part-time, casual or temporary basis) and the Secretary is satisfied that, when the incapacity ends, the employment will be again available to the person (whether or not the same kind of work will be available); (ii) immediately before the incapacity occurred the person was in full-time education and was receiving payments under the ABSTUDY scheme and the Secretary is satisfied that the person is committed to resuming full-time study under that scheme when the incapacity ends; (iii) immediately before the incapacity occurred the person was undertaking qualifying study and receiving austudy payment, and the Secretary is satisfied that the person is committed to resuming qualifying study when the incapacity ends.
(1AA) Subsection (1A) does not apply in relation to a person if the Secretary is satisfied that the incapacity is brought about with a view to obtaining jobseeker payment, youth allowance, austudy payment or disability support pension.
(1AB) In subsection (1A): work, in relation to a person, means work that the person has contracted to perform under a contract of employment that: (a) the person had immediately before the person becomes incapacitated; and (b) continues after the person becomes incapacitated.
(1AC) A person satisfies this subsection if: (a) the following apply: (i) the person satisfies the employment pathway plan requirements; Social Security Act 1991 661 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 593 (ii) the person satisfies the Employment Secretary that the person is willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person; or (b) the following apply: (i) the person is, under Subdivision C of Division 2A of Part 3 of the Administration Act, not required to satisfy the employment pathway plan requirements; (ii) the person satisfies the Employment Secretary that the person would otherwise be willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person.
Note 1: Note 2: For satisfies the employment pathway plan requirements, see subsection 23(1).

See Division 2B of Part 3 of the Administration Act for the circumstances in which paid work is unsuitable to be done by a person.
(1B) Subject to sections 596, 596A, 597 and 598, a person is qualified for a jobseeker payment in respect of a period if: (a) the person satisfies the Secretary that throughout the period the person is unemployed; and (b) throughout the period the person: (i) has reached the age of 22 years and has not reached the pension age; and (ii) is an Australian resident; and (c) the person was not in receipt of a youth allowance during the period; and (d) the person made a claim for disability support pension at or before the start of the period and the claim was not determined before the end of the period; and (e) the Secretary is satisfied that throughout the period the person suffered from a medical condition that had a significant adverse effect on the person’s ability to work; and (f) the person satisfies any one of the conditions in subsection (1C).
662 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 593 (1C) The conditions referred to in paragraph (1B)(f) are: (a) a condition that the person was an Australian resident when the significant adverse effect of the medical condition on the person’s ability to work first occurred; and (b) a condition that at the start of the period the person had 10 years qualifying Australian residence or had a qualifying residence exemption for jobseeker payment; and (c) a condition that: (i) the person was born outside Australia; and (ii) when the significant adverse effect of the medical condition first occurred the person was not an Australian resident but was a dependent child of an Australian resident; and (iii) the person became an Australian resident while a dependent child of an Australian resident.
(1D) Subject to sections 596, 596A and 598, a person is qualified for a jobseeker payment, in respect of the period starting in accordance with subsection (1E) and ending in accordance with subsection (1F), if: (a) the person satisfies the Secretary that throughout the period the person is unemployed; and (b) throughout the period the person: (i) has reached the age of 22 years and has not reached the pension age; and (ii) is an Australian resident or is exempt from the residence requirement within the meaning of subsection 7(7); and (c) the person was not in receipt of a youth allowance during the period; and (d) the person has made, or is taken to have made, a claim for jobseeker payment; and (e) the person satisfies the Secretary that it is likely that the person has a permanent medical condition that would prevent the person from undertaking full-time work; and (f) the person satisfies the Secretary that it would be unreasonable to expect the person to satisfy the activity Social Security Act 1991 663 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 593 testenter into an employment pathway plan until an assessment of the person’s capacity to work has been undertaken.
(1E) The period for which the person is qualified for a jobseeker payment under subsection (1D) starts: (a) if the person is already receiving jobseeker payment when the Secretary becomes aware of the medical condition referred to in paragraph (1D)(e)—when the Secretary becomes aware of the medical condition; or (b) otherwise—when the person made, or is taken to have made, the claim for jobseeker payment.
(1F) The period for which the person is qualified for a jobseeker payment under subsection (1D) ends: (a) if the person has failed to comply with a requirement to enter into a Jobseeker Employment Pathway Plan—on the day on which the person so failed; or (b) in any other case—when the person enters into a Jobseeker Employment Pathway Plan.
(4) If: (a) a person was receiving a social security pension, a service pension, income support supplement or a veteran payment; and (b) the person claims a jobseeker payment within 14 days of the day on which the last instalment of the person’s social security pension, service pension, income support supplement or veteran payment was paid; and (c) the person becomes qualified for a jobseeker payment at some time during the 14 day period but after the first day of that period; the person is taken to be qualified for a jobseeker payment for the whole of the 14 day period.
Note: Subsection (4) operates when a person transfers from a social security pension, a service pension, income support supplement or a veteran payment to a jobseeker payment and the person is not qualified for a jobseeker payment immediately after the day on which the person’s 664 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 593 last instalment of social security pension, service pension, income support supplement or veteran payment is paid.
The subsection deems the person to be so qualified.

As a result, the person may be paid a jobseeker payment for the period beginning on the day after the day on which the person’s last instalment of social security pension, service pension, income support supplement or veteran payment was paid.
The subsection aims to ensure that there is minimal disruption to a person’s payments when a person transfers from a social security pension, a service pension, income support supplement or a veteran payment to a jobseeker payment.
Coronavirus (5) A person is qualified for a jobseeker payment in respect of a period that occurs between 1 April 2021 and 30 June 2021 if: (a) the Secretary is satisfied that the person is in quarantine or self-isolation as a result of advice from, or a requirement made by, the Commonwealth, a State or a Territory or a health professional regarding the coronavirus known as COVID-19, or is caring for an immediate family member or a member of the person’s household who is in such quarantine or self-isolation, throughout the period; and (b) the Secretary is satisfied that, as a result of the circumstance in paragraph (a), the person’s working hours were reduced (including to zero); and (c) throughout the period the person satisfies the activity test or is not required to satisfy the activity test; and (d) the Secretary is satisfied that: (i) the person is not entitled to receive a leave payment in respect of the period; or (ii) the person has taken reasonable steps to access any leave payment to which the person may be entitled in respect of the period; or (iii) the person is receiving a leave payment in respect of the period but, as a result of the adverse economic effects of the coronavirus known as COVID-19, the payment is less than it would otherwise have been; or (iv) the person is receiving a leave payment in respect of the period, but the total amount of the leave payment in the Social Security Act 1991 665 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions,
 benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 595 period is less than the amount of jobseeker payment that would be payable to the person in the period if the person’s claim were granted; and (e) throughout the period the person: (i) is at least 22 years of age and has not reached the pension age; and (ii) is an Australian resident or is exempt from the residence requirement within the meaning of subsection 7(7); and (f) the person was not in receipt of a youth allowance during the period.
595 Persons may be treated as unemployed (1) The Secretary may treat a person as being unemployed throughout a period if: (a) during the period, the person undertakes: (i) paid work that, in the Secretary’s opinion, is suitable for the person to undertake; or (ii) any other activity; as a result of which he or she would, but for this subsection, not be taken to be unemployed; and (b) the Secretary is of the opinion that, taking into account: (i) the nature of the work or other activity; and (ii) the duration of the work or other activity; and (iii) any remuneration received for the work or other activity; and (iv) any other matters relating to the work or other activity, or to the person’s circumstances, that the Secretary considers relevant; the activity should be disregarded.
Note: The person may, under subsection 603(3), also be treated as satisfying the activity test.

(1A) However, the work or other activity must not be or include any work or other activity of a kind that the Secretary determines under subsection (1B).
666 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 596 (1B) The Secretary may determine, by legislative instrument, kinds of work or other activity that are not to be taken into account for the purposes of subsection (1).
(2) A person complying with a Jobseeker Employment Pathway Plan, or with a requirement under subsection 601(1A),an employment pathway plan may be treated by the Secretary as being unemployed.
(3) In deciding whether to treat a person as being unemployed, the Secretary is to take into account: (a) the nature of the activity undertaken by the person so as to comply with a requirement under subsection 601(1A) (activity test) or a requirement in a Jobseeker Employment Pathway Plana requirement in an employment pathway plan; and (b) the duration of the activity; and (c) any other matters relating to the activity that the Secretary considers relevant.
596 Unemployment due to industrial action (1) A person is not qualified for a jobseeker payment in respect of a period unless the person satisfies the Secretary that the person’s unemployment during the period was not due to the person being, or having been, engaged in industrial action or in a series of industrial actions.
(2) A person is not qualified for a jobseeker payment in respect of a period unless the Secretary is satisfied: (a) that the person’s unemployment during the period was due to other people being, or having been, engaged in industrial action or in a series of industrial actions; and (b) the people, or some of the people, were members of a trade union which was involved in the industrial action; and (c) the person was not a member of the trade union during the period.
Social Security Act 1991 667 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 596A (3) Subject to subsection (4), subsections (1) and (2) do not prevent a person from being qualified for a jobseeker payment in respect of a period that occurs after the relevant industrial action or series of industrial actions has stopped.
Note: For industrial action, trade union and unemployment see section 16.
(4) Where the relevant industrial action or series of industrial actions is in breach of an order, direction or injunction issued by: (a) a prescribed State industrial authority within the meaning of the Fair Work Act 2009; or (b) the Fair Work Commission or the Australian Industrial Relations Commission; or (c) the Federal Court of Australia; or (d) the Federal Circuit Court of Australia; a person is not qualified for a jobseeker payment in respect of a period unless that period occurs 6 weeks or more after the relevant industrial action or series of industrial actions has stopped.
596A Assurance of support A person is not qualified for jobseeker payment in respect of a period if the Secretary is satisfied that throughout the period: (a) an assurance of support was in force in respect of the person (in this section called the assuree); and (b) the person who gave the assurance of support was willing and able to provide an adequate level of support to the assuree; and (c) it was reasonable for the assuree to accept that support.

Note: For assurance of support see subsection 23(1).
598 Liquid assets test waiting period (1) Subject to subsections (4A), (5), (6), (7), (8) and (8B), if: (a) the value of a person’s liquid assets exceeds the person’s maximum reserve on: 668 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 598 (i) if subparagraph 593(1)(a)(iii) does not apply in relation to the person—the day following the day on which the person ceased work or ceased to be enrolled in a full time course of education or of vocational training; or (ia) if subparagraph 593(1)(a)(iii) applies in relation to the person—the day on which the person becomes incapacitated for work or study; or (ii) in any case—the day on which the person claims a jobseeker payment; and (b) the person is not a transferee to a jobseeker payment; the person is not qualified for a jobseeker payment for a period unless the person has served the liquid assets test waiting period in relation to the claim before the beginning of that period.
Note 1: For liquid assets see section 14A.

Note 2: For maximum reserve see section 14A.

Note 3: For served the waiting period in relation to a liquid assets test waiting period, see subsection 23(10A).

(2) The liquid assets test waiting period in relation to the claim is to be worked out under subsections (2A), (2B) and (2C).
(2A) Work out the number of formula weeks (disregarding any fractions of a week) in relation to the claim using the formula: Liquid assets – Maximum reserve amount Divisor where: liquid assets means the person’s liquid assets.

maximum reserve amount means the maximum reserve in relation to the person under subsection 14A(1).

divisor means, in relation to a person: (a) if the person is not a member of a couple and does not have a dependent child—$500; or (b) otherwise—$1,000.
Social Security Act 1991 669 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 598 (2B) If the number of formula weeks is equal to or greater than 13 weeks, the liquid assets test waiting period in relation to the claim is 13 weeks.
(2C) If subsection (2B) does not apply, the liquid assets test waiting period in relation to the claim is the number of weeks equal to the number of formula weeks.
(3) If the person is not a member of a couple, the liquid assets test waiting period in relation to the claim starts on: (a) if subparagraph 593(1)(a)(iii) does not apply in relation to the person—subject to subsection (3AA), the day following the day on which the person ceased work or ceased to be enrolled in a full time course of education or of vocational training; or (b) if subparagraph 593(1)(a)(iii) applies in relation to the person—subject to subsection (4), the day on which the person became incapacitated for work or study.
(3AA) If subparagraph 593(1)(a)(iii) does not apply in relation to the person and the person: (a) is not a member of a couple; and (b) is, under Subdivision BA, not required to satisfy the activity test; (b) is not required to satisfy the employment pathway plan requirements because of a determination that is in effect under section 40L of the Administration Act and that has been made because of the circumstance referred to in paragraph 40L(5)(a) of that Act; the liquid assets test waiting period in relation to the claim starts on the day on which the person became incapacitated.
(3A) If the person is a member of a couple, the liquid assets test waiting period in relation to the claim starts on the last occurring of the following days: (a) either: (i) if subparagraph 593(1)(a)(iii) does not apply in relation to the person—subject to subsection (3B), the day following the day on which the person ceased work or 670 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 598 ceased to be enrolled in a full time course of education or of vocational training; or (ii) if subparagraph 593(1)(a)(iii) applies in relation to the person—subject to subsection (4), the day on which the person became incapacitated for work or study; (b) if, when the claim is made, the person’s partner has ceased work—the day following the day on which the person’s partner ceased work; (ba) if, when the claim is made, the person’s partner has ceased to be enrolled in a full time course of education or of vocational training—the day following the day on which the person’s partner so ceased; (c) if, when the claim is made, the person’s partner is incapacitated for work—the day on which the person’s partner became incapacitated for work.
(3B) If subparagraph 593(1)(a)(iii) does not apply in relation to the person and the person: (a) is a member of a couple; and (b) is, under Subdivision BA, not required to satisfy the activity test; (b) is not required to satisfy the employment pathway plan requirements because of a determination that is in effect under section 40L of the Administration Act and that has been made because of the circumstance referred to in paragraph 40L(5)(a) of that Act; the liquid assets test waiting period in relation to the claim starts on the last occurring of the following days: (c) the day on which the person became incapacitated for work; (d) if, when the claim is made, the person’s partner has ceased work—the day following the day on which the person’s partner ceased work; (da) if, when the claim is made, the person’s partner has ceased to be enrolled in a full time course of education or of vocational training—the day following the day on which the person’s partner so ceased; Social Security Act 1991 671 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 598 (e) if, when the claim is made, the person’s partner is incapacitated for work—the day on which the person’s partner became incapacitated for work.
(4) If: (a) a person becomes qualified for austudy payment; and (b) because of paragraph 575(2)(a), austudy payment is not payable to the person while the person is subject to a liquid assets test waiting period; and (c) within the liquid assets test waiting period referred to in paragraph (b): (i) the person becomes incapacitated for study; and (ii) the person claims jobseeker payment; and (d) subparagraph 593(1)(a)(iii) applies in relation to the person; the liquid assets test waiting period in relation to the claim for jobseeker payment starts on the day on which the person becomes qualified for austudy payment.
(4A) Subsection (1) does not apply to a person if, at any time during the 12 months preceding: (a) if subparagraph 593(1)(a)(iii) does not apply in relation to the person—the day following the day on which the person ceased work or ceased to be enrolled in a full time course of education or of vocational training; or (aa) if subparagraph 593(1)(a)(iii) applies in relation to the person—the day on which the person becomes incapacitated for work or study; or (b) in any case—the day on which the person claims a jobseeker payment; the person or their partner was serving a liquid assets test waiting period that started during that 12 months.
(5) If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while serving a liquid assets test waiting period, the Secretary may determine that the person does not have to serve the whole, or any part, of the waiting period.
672 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 598 Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and 19C(3) (person who is a member of a couple).

Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).
(6) Subsection (1) does not apply to a person who becomes qualified for jobseeker payment at the end of a continuous period in respect of which the person received income support payments (whether or not the kind of payment received has changed over the period and whether the period or any part of it occurred before or after the commencement of this subsection).

Note 1: For income support payment see subsection 23(1).
Note 2: For the determination of the continuous period in respect of which a person received income support payments see section 38B.

(8) Subsection (1) does not apply to a person who: (a) is undertaking an activity specified in an instrument made under subsection (8A); and (b) has been exempted from the application of subsection (1) by the Secretary.

(8A) The Secretary may, by legislative instrument, specify activities for the purpose of paragraph (8)(a).
(8B) Subsection (1) does not apply to a person if: (a) the person makes a claim for jobseeker payment on or after the commencement of this subsection; and (b) the person makes the claim after the death of the person’s partner on or after the commencement of this subsection; and (c) if the person is a man or a woman who was not pregnant when her partner died—the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and (d) if the person is a woman who was pregnant when her partner died—the person makes the claim: (i) in the period of 14 weeks starting on the day of the death of the partner; or Social Security Act 1991 673 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 600 (ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant; whichever ends later.
(9) A reference in this section to the day on which a person ceased work (whether the person ceases work permanently, temporarily or by reason of being on unpaid leave) is a reference: (a) except where the person is on paid leave immediately after last performing work—to the day on which the person last performed work before so ceasing; and (b) if the person is on paid leave—to the last day on which the person is on that paid leave.
600 Prospective determinations for some jobseeker payment recipients (1) A person is qualified for jobseeker payment for a period determined by the Secretary if: (a) the person is receiving jobseeker payment; and (b) the Secretary considers at the start of the period that: (i) the person may reasonably be expected to satisfy the qualification requirements for jobseeker payment (sections 593 to 598) during the period; and (ii) it is reasonable to expect that jobseeker payment will be payable to the person for the period; and (iii) the person will comply with the Act during the period; and (c) except where the person is a CDEP Scheme participant in respect of the period, the person is not indebted at the start of the period to the Commonwealth under or as a result of this Act; and (d) the Secretary is satisfied that the person should be qualified under this section for a jobseeker payment for the period.
(2) The Minister, by legislative instrument: 674 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 601 (a) must determine guidelines for making decisions under paragraph (1)(b); and (b) may revoke or vary the determination.
If the Minister revokes a determination, the Minister must determine guidelines that commence immediately after the revocation.

Subdivision B—Activity test 601 Activity test (1) Subject to subsections (1A) and (5), a person satisfies the activity test in respect of a period if the person satisfies the Secretary that, throughout the period, the person is: (a) actively seeking; and (b) willing to undertake; paid work in Australia, other than paid work that is unsuitable to be undertaken by the person.
Note 1: See subsections (2A) and (2B) on what paid work is unsuitable.

Note 2: This Subdivision and Subdivision BA set out situations in which a person is taken to satisfy, or is not required to satisfy, the activity test.
(1A) A person also satisfies the activity test in respect of a period if: (a) the Secretary is of the opinion that, throughout the period, the person should undertake particular paid work, other than paid work that is unsuitable to be done by the person; and Note: See subsection (2A) on what paid work is unsuitable.

(b) the Secretary notifies the person that the person is required to act in accordance with that opinion; and (c) the person complies, throughout the period, with the Secretary’s requirement.
(1B) To avoid doubt, the work that the person is required to undertake under subsection (1A) may involve a number of hours per week that differs from the number of hours of work per week that the person is required to seek to comply with a Jobseeker Employment Pathway Plan that is in force in relation to the person.
Social Security Act 1991 675 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 601 (2) A person cannot be taken to satisfy the activity test throughout a period if the person fails to comply with a requirement under subsection (1A): (a) whether or not the person complies with subsection (1) or (4); and (b) whether or not another provision of this Act under which the activity test is satisfied, or taken to be satisfied, applies (or would apart from this section apply) to the person.
(2A) Subject to subsections (2AA) and (2AB), for the purposes of subsection (1) and paragraph (1A)(a), particular paid work is unsuitable for a person if and only if, in the Secretary’s opinion: (a) the person lacks the particular skills, experience or qualifications that are needed to perform the work and no training will be provided by the employer; or (b) it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or (ba) the person is the principal carer for one or more children, and does not have access to appropriate care and supervision for the children at the times when the person would be required to undertake the work; or Note: For principal carer see subsections 5(15) to (24).
(c) performing the work in the conditions in which the work would be performed would constitute a risk to health or safety and would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or (e) the terms and conditions for the work would be less generous than the applicable statutory conditions; or (g) commuting between the person’s home and the place of work would be unreasonably difficult; or (h) the work would require enlistment in the Defence Force or the Reserves; or 676 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 601 (i) the work requires the person to move from a home in a place to a home in another place; or (j) for any other reason, the work is unsuitable for the person.
(2AAA) A person has, for the purposes of paragraph (2A)(ba), access to appropriate care and supervision for a child at a particular time if, at that time: (a) the child could be provided with care by an approved child care service (within the meaning of the Family Assistance Administration Act), and provision of that care would, in the Secretary’s opinion, be appropriate in the circumstances; or (b) the child could be provided with other care that the person considers to be suitable; or (c) the child could be attending school, and attendance at that school would, in the Secretary’s opinion, be appropriate in the circumstances.
(2AAB) For the purposes of paragraph (2A)(ba), a time when the person would be required to undertake the work includes reasonable amounts of time that would be needed for the person to travel from the person’s home to the place of work and from the place of work to the person’s home.
(2AA) If: (a) a person seeks work in an area (the new area) that is outside the area (the old area) in which the person’s home is situated; and (b) the person is offered permanent full time work (whether or not work of the kind sought) in the new area; the work offered is not unsuitable for the person because of paragraph (2A)(g) or (i) unless: (c) the person is under the age of 18; or (d) the person or the person’s partner is pregnant; or (e) the person or the person’s partner has a severe medical condition and the condition makes it unreasonable for the person to accept the offer; or Social Security Act 1991 677 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 601 (f) the acceptance of the offer would jeopardise the current employment, or the employment prospects, of the person’s partner; or (g) the person or the person’s partner has a child under the age of 16 years who is living with them or is living somewhere else in the old area; or (h) the person or the person’s partner has significant caring responsibilities in the old area; or (i) the educational, cultural or religious background of the person makes it unreasonable for the person to accept the offer; or (j) it is more appropriate for the person to participate in education or training than to accept the offer; or (k) the person would suffer severe financial hardship if the person were to accept the offer.
(2AB) Without affecting what would otherwise constitute a person seeking work outside the area in which the person’s home is situated, if a person, when seeking employment through an employment service provider, represents to the provider that the person is willing to undertake work outside the area in which the person’s home is situated, the person is taken for the purposes of subsection (2AA) to seek work outside the area at the time when the representation is made.
(2AC) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether, for the purposes of paragraph (2A)(j), particular paid work is unsuitable for a person.

(2AD) To avoid doubt, a determination under subsection (2AC) does not limit the matters that the Secretary may take into account in deciding whether, for the purposes of paragraph (2A)(j), particular paid work is unsuitable for a person.
(4) A person also satisfies the activity test in respect of a period if: 678 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 601 (a) throughout the period, the person complies with the terms of a Jobseeker Employment Pathway Plan that is in force in relation to the person; and (b) either: (i) the person is included in a class of persons specified in an instrument made under subsection (4A); or (ii) the Secretary determines that the person should be taken to satisfy the activity test in respect of that period.
(4A) The Secretary may, by legislative instrument, specify classes of persons for the purposes of subparagraph (4)(b)(i).

(4B) A person also satisfies the activity test in respect of a period if, throughout the period, the person: (a) is participating in an approved training course for training supplement; and (b) is, in the Secretary’s opinion, making satisfactory progress towards completing the course.
(4C) In forming an opinion about whether a person is making satisfactory progress for the purpose of paragraph (4B)(b), the Secretary must have regard to guidelines set under subsection 541B(3B).

(4D) A person also satisfies the activity test in respect of a period if, throughout the period, the person is participating in the National Green Jobs Corps program.
(5) If a person fails to comply, throughout a period, with a requirement in a Jobseeker Employment Pathway Plan that is in force in relation to the person, the person cannot be taken to satisfy the activity test in respect of the period in spite of any compliance of the person with subsection (1), (4B) or (4D).
Social Security Act 1991 679 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 602A 602A Relief from activity test persons to whom subsection 614(6) applies If: (a) jobseeker payment is payable to a person because of subsection 614(6); and (b) the person has commenced the full time course of education referred to in paragraph 614(6)(a); the person is taken to satisfy the activity test in respect of the period during which the payment is payable to the person because of that subsection.
602AA Relief from activity test death of person’s partner Claimants (1) If: (a) a person makes a claim for jobseeker payment on or after the commencement of this section; and (b) the person makes the claim after the death of the person’s partner on or after the commencement of this section; and (c) if the person is a man or a woman who was not pregnant when her partner died the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and (d) if the person is a woman who was pregnant when her partner died the person makes the claim: (i) in the period of 14 weeks starting on the day of the death of the partner; or (ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant; whichever ends later; then the person is not required to satisfy the activity test in respect of the period applicable under paragraph (c) or (d).
680 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 602B Recipients (2) If: (a) a person is receiving jobseeker payment on or after the commencement of this section; and (b) while the person is receiving jobseeker payment, the person’s partner dies on or after the commencement of this section; and (c) if the person is a man or a woman who was not pregnant when her partner died—the person notifies the Secretary of the person’s partner’s death in the period of 14 weeks starting on the day of the death of the partner; and (d) if the person is a woman who was pregnant when her partner the person notifies the Secretary of the person’s died partner’s death: (i) in the period of 14 weeks starting on the day of the death of the partner; or (ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant; whichever ends later; and (e) the person is receiving jobseeker payment on the day of the notification; then the person is not required to satisfy the activity test in respect of the period applicable under paragraph (c) or (d).
602B Relief from activity test domestic violence etc.

(1) A person is not required to satisfy the activity test in respect of a period that the Secretary determines under this section in relation to the person.
(2) The Secretary may make a determination under this section in relation to the person if the Secretary is satisfied that: (a) the person: (i) is the principal carer of one or more children; and Social Security Act 1991 681 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 602B (ii) was subjected to domestic violence in the 26 weeks before the making of the determination; or (b) the person is the principal carer of one or more children, and there are special circumstances relating to the person’s family that make it appropriate to make the determination.
Note: For principal carer see subsections 5(15) to (24).

(2A) The Secretary must, by legislative instrument, specify matters that the Secretary must take into account in deciding whether there are special circumstances relating to a person’s family that make it appropriate to make a determination under this section.

(2B) To avoid doubt, an instrument made under subsection (2A) does not limit the matters that the Secretary may take into account in making a determination under subsection (2).
(3) The period that the Secretary determines under this section must be the lesser of: (a) the period that the Secretary considers to be appropriate; or (b) 16 weeks.

(4) Any such period may be followed by one or more other periods (not exceeding 16 weeks) determined under this section in relation to the person.
(5) The period that the Secretary determines under this section must, despite subsection (3), be 16 weeks if the determination: (a) is made on grounds referred to in paragraph (2)(a) (or on grounds that include those grounds); and (b) is the first determination made on those grounds (or on grounds that include those grounds) in relation to the person on or after 1 July 2010.
(6) The Secretary may revoke a determination under this section in relation to a person if the Secretary is satisfied that the grounds on which the determination was made no longer exist.
682 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 602C (7) Subsection (6) does not affect any operation that subsection 33(3) of the Acts Interpretation Act 1901 has in relation to a determination under this section.
602C Relief from activity test people with disabled children and other circumstances (1) A person is not required to satisfy the activity test in respect of a period that the Secretary determines under this section in relation to the person.
(2) The Secretary may make a determination under this section in relation to the person if the Secretary is satisfied that the person is the principal carer of one or more children: (a) who suffer from a physical, intellectual or psychiatric disability or illness; and (b) whose care needs are such that the person should, for the period specified in the determination, not be required to satisfy the activity test.

Note: For principal carer see subsections 5(15) to (24).
(3) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that the person is the principal carer of one or more children, and that: (a) the person is a registered and active foster carer; or (b) the person is a home educator of that child, or one or more of those children; or (c) the person is a distance educator of that child, or one or more of those children; or (d) under a family law order that the person is complying with, a child, of whom the person is a relative (other than a parent), is to live with the person.
Note 1: For principal carer see subsections 5(15) to (24).

Note 2: For registered and active foster carer see section 5B.

Note 3: For home educator see section 5C.

Note 4: For distance educator see section 5D.


Social Security Act 1991 683 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 602C Note 5: For family law order see subsection 23(1).

Note 6: For relative (other than a parent) see section 5E.
(3A) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that: (a) the person is the principal carer of a child; and (b) the person is one or both of the following: (i) the principal carer of one or more other children; (ii) the main supporter of one or more secondary pupil children; and (c) there are 4 or more of the children of whom the person is the principal carer or main supporter.

Note 1: For principal carer see subsections 5(15) to (24).
Note 2: For main supporter see section 5G.

Note 3: For secondary pupil child see section 5F.

(3B) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that the person: (a) is not the principal carer of one or more children; and (b) is a registered and active foster carer; and (c) is providing foster care to a child temporarily in an emergency or to give respite to another person from caring for the child.
Note 1: For principal carer see subsections 5(15) to (24).

Note 2: For registered and active foster carer see section 5B.

(3C) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that the person: (a) is the main supporter of one or more secondary pupil children; and (b) is a home educator or distance educator of one or more of those children.

Note 1: For main supporter see section 5G.

Note 2: For secondary pupil child see section 5F.


Note 3: For home educator see section 5C.

684 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 602C Note 4: For distance educator see section 5D.
(3D) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that: (a) the person is the principal carer of one or more children; and (b) the person is a relative (other than a parent) of a child (the kin child); and (c) there is a document that: (i) provides for the kin child to live with the person for the care and wellbeing of the kin child; and (ii) is prepared or accepted by an authority of a State or Territory that has responsibility for the wellbeing of children; and (d) the person is acting in accordance with the document.
Note 1: For principal carer see subsections 5(15) to (24).

Note 2: For relative (other than a parent) see section 5E.

(4) The Secretary may make a determination under this section in relation to the person if the Secretary is satisfied that: (a) the person is a person included in a class of persons specified under subsection (5); and (b) the person’s circumstances are such that the person should not be required to satisfy the activity test for the period.
(5) The Secretary may, by legislative instrument, specify classes of persons in respect of whom determinations under this section may be made.

(6) The period that the Secretary determines under this section, except subsection (3B), must be the lesser of: (a) the period that the Secretary considers to be appropriate; or (b) 12 months.
(6A) The period that the Secretary determines under subsection (3B) in relation to the person must be the lesser of: (a) the period: Social Security Act 1991 685 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 602D (i) starting when the person starts to provide foster care to the child; and (ii) ending 12 weeks, or a shorter period determined by the Secretary, after the person ceases to provide foster care to the child; and (b) 12 months.
(7) A period determined by the Secretary under this section in relation to the person may be followed by one or more other periods (not exceeding 12 months) determined under this section in relation to the person.

(8) The Secretary may revoke a determination under this section in relation to a person if the Secretary is satisfied that the grounds on which the determination was made no longer exist.
(9) Subsection (8) does not affect any operation that subsection 33(3) of the Acts Interpretation Act 1901 has in relation to a determination under this section.
602D Relief from activity test—rehabilitation program If: (a) subparagraph 593(1)(a)(iii) applies in relation to a person; and (b) the person is undertaking a rehabilitation program; and (c) the program is intended to enhance the person’s ability to work; and (d) the length of the person’s participation in the program is, or is likely to be, at least 6 weeks; and (e) the person’s participation in the program is, or is likely to, end within the period of 208 weeks after the jobseeker payment commenced to be payable to the person; the person is not required to satisfy the activity test for the duration of the period the person is undertaking the rehabilitation program or for such shorter or longer period determined by the Secretary.
686 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 603 603 Relief from activity test general (1) A person is taken to satisfy the activity test in respect of a period when the person is attending a training camp as a member of: (a) the Naval Reserve; or (b) the Army Reserve; or (c) the Air Force Reserve.
(2) Where the Secretary considers that: (a) it would be reasonable to assume that, at the end of a period, a person is present in an area where: (i) there is no locally accessible labour market; and (ii) there is no locally accessible vocational training course or labour market program; and (aa) it would be reasonable to assume that, throughout the period, the person is unemployed and is capable of undertaking, and is willing to undertake, paid work that, in the Secretary’s opinion, is suitable for the person to undertake; and (b) having regard to all the relevant factors, including: (i) the location of offices of the Department; and (ii) difficulties with transport and communication; and (iii) the educational and cultural background of the person; it would be unreasonable to expect the person to comply with the activity test in order to be qualified for jobseeker payment for that period; then, unless the person has been notified of a requirement under subsection 601(1A) in relation to the period, the person is taken to satisfy the activity test during that period.
Note 1: For activity test see section 601.

Note 2: For remote area see section 14.
(3) If: (a) a person is treated as being unemployed because of subsection 595(1); and (b) the Secretary is satisfied that it is appropriate for this subsection to apply; Social Security Act 1991 687 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 603A the person is taken to satisfy the activity test during the period starting when the person made a claim, or is to be taken to have made a claim, for jobseeker payment and ending: (c) if the person has been required to enter into a Jobseeker Employment Pathway Plan but has failed to enter that plan when the person so failed; or (d) in any other case when the person has entered into such a plan.
(4) Subsection (3) does not apply if, at the time of becoming a person who is treated as being unemployed because of subsection 595(1), the person had already been required to enter into a Jobseeker Employment Pathway Plan.
603A Relief from activity test special circumstances (1) Subject to subsections (2) and (3), a person is not required to satisfy the activity test for a period if: (a) the Secretary is satisfied that special circumstances, beyond the person’s control, exist; and (b) the Secretary is satisfied that in those circumstances it would be unreasonable to expect the person to comply with the activity test for that period.
(1A) Subsection (1) does not apply to circumstances wholly or predominantly attributable to the person’s misuse of alcohol or another drug, unless the person is a declared program participant.

(2) The period referred to in subsection (1) is not to exceed 13 weeks.
(3) If: (a) the Secretary makes a number of determinations under any one or more of the following provisions: (i) subsection 525AA(3) of this Act as previously in force; (ii) subsection 542H(1) of this Act; (iia) subsection 731E(1) of this Act; (iii) subsection (1) of this section; and 688 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 603AAA (b) the periods to which the determinations relate form a continuous period; the continuous period is not to exceed 13 weeks, unless the Secretary determines otherwise, having regard to the continued existence, or likely continued existence, of the special circumstances on which the last preceding determination was based.
603AAA Pre natal and post natal relief from activity test (1) A pregnant woman is not required to satisfy the activity test for the period that starts 6 weeks before the woman’s expected date of confinement and ends on the day on which the woman gives birth to the child (whether or not the child is born alive).
(2) If a woman gives birth to a child (whether or not the child is born alive), the woman is not required to satisfy the activity test for the period that starts on the day on which she gives birth to the child and ends 6 weeks after that day.
603AA Relief from activity test people 55 and over who are engaged in work (1) Subject to subsections (2) and (3), a person who has reached 55 years is taken to satisfy the activity test in respect of a period of 2 weeks (the relevant period) if the person: (a) is engaged in approved unpaid voluntary work for an approved organisation for at least 30 hours in the relevant period; or (b) is engaged, for at least 30 hours in the relevant period, in a combination of: (i) approved unpaid voluntary work for an approved organisation; and (ii) paid work that the Secretary regards as suitable; or (c) is engaged for at least 30 hours in the relevant period in paid work that the Secretary regards as suitable.
Social Security Act 1991 689 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 603AA (2) Subsection (1) does not apply in relation to a person who has reached 55, but is under 60, years of age and to a period of 2 weeks (the relevant period) if that period begins before the end of 12 months starting on the day the person starts to receive jobseeker payment.
Instead the person is taken to satisfy the activity test in respect of the relevant period if the person: (a) is engaged, for at least 30 hours in the relevant period, in a combination of: (i) approved unpaid voluntary work for an approved organisation; and (ii) paid work that the Secretary regards as suitable and that is at least 15 hours in the relevant period; or (b) is engaged for at least 30 hours in the relevant period in paid work that the Secretary regards as suitable.
Note: Because of the definition of receive in section 23, this subsection applies separately in relation to each occasion the person starts to receive jobseeker payment.

(2A) If jobseeker payment ceases to be payable to a person for a period of less than 3 months (except because the jobseeker payment was cancelled), then, for the purposes of subsection (2), the person is taken to be receiving jobseeker payment during that period.
(3) This section does not apply to a person in respect of a day in a relevant period if, in respect of the person, having regard to the opportunities, or possible opportunities, for employment that become available to the person on or before the day, the Secretary considers that this section is not to apply to the person in respect of that day.
(4) For the purposes of this section: (a) approved unpaid voluntary work, either full time or otherwise, is work that has been approved by the Secretary for the purposes of this section; and (b) an approved organisation is an organisation that has been approved by the Secretary for the purposes of this section.
690 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 603AB 603AB Relief from activity test certain principal carers and people with partial capacity to work A person who: (a) is the principal carer of at least one child; or (b) has a partial capacity to work; is taken to satisfy the activity test in respect of a period if, during the period, the person is engaged for at least 30 hours per fortnight in paid work that the Secretary regards as suitable.
Note 1: For principal carer see subsections 5(15) to (24).

Note 2: For partial capacity to work see section 16B.
603AC Relief from activity test—cessation of claims for widow allowance (1) A woman is not required to satisfy the activity test for a period (the relevant period) if the following apply: (a) she made the claim for jobseeker payment on or after the commencement of this section; (b) she was born on or before 1 July 1955; (c) she ceased to be a member of a couple after turning 40; (d) she satisfies the Secretary that she has no recent workforce experience on the day she made the claim for jobseeker payment; (e) the woman is not a member of a couple throughout the relevant period.
(2) For the purposes of paragraph (1)(d), recent workforce experience is employment of 20 hours or more a week for a total of 13 weeks or more at any time during the 12 months immediately before the day the woman made the claim for jobseeker payment.
Social Security Act 1991 691 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 603BA Subdivision BA—Exemption from activity test—people temporarily incapacitated for work 603BA Subdivision not to apply to a person with a pending claim for disability support pension This Subdivision does not apply to a person who is qualified for jobseeker payment under subsection 593(1B).
603B Interpretation A reference in this Subdivision to a person being exempt from the activity test, or ceasing to be exempt from the activity test, under, or under a provision of, this Subdivision is a reference to a person not being required to satisfy the activity test, or becoming required to satisfy the activity test, as the case may be, because of the operation of, or the operation of that provision of, this Subdivision.
603C Incapacitated person not required to satisfy activity test (1) Subject to this Subdivision, a person is not required to satisfy the activity test in respect of a period if: (a) throughout the period the person is incapacitated for work because of sickness or an accident; and (b) the incapacity is caused wholly, or virtually wholly, by a medical condition arising from the sickness or accident; and (c) the incapacity is, or is likely to be, of a temporary nature; and (d) if this Subdivision had not been enacted and paragraphs 593(1)(b), (c), (d) and (e) were disregarded, the person would qualify for jobseeker payment; and (e) the person has, whether before or after the commencement of this section, given the Secretary a certificate of a medical practitioner, in a form approved by the Secretary, stating: (i) the medical practitioner’s diagnosis; and (ii) the medical practitioner’s prognosis; and (iii) that the person is incapacitated for work; and 692 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 603D (iv) the period for which the person is incapacitated for work; and (f) the Secretary is satisfied that the incapacity has not been brought about with a view to obtaining an exemption from the activity test.
(1AA) Subsection (1) does not apply to sickness, or an accident, wholly or predominantly attributable to the person’s dependence on alcohol or another drug, unless the person is a declared program participant.
(1A) The Secretary must comply with the guidelines (if any) determined and in force under subsection (1B) in deciding the following: (a) whether paragraph (1)(a), (b) or (c) applies to a person in respect of a period; (b) whether, for the purposes of paragraph (a) of the definition of work in subsection (2), work is of a kind that a person could be reasonably expected to do.
(1B) The Minister may, by legislative instrument, determine guidelines to be complied with by the Secretary in making a decision referred to in subsection (1A).

(2) In this section: work, in relation to a person, means work (whether full time, part time, permanent or casual) that: (a) is of a kind that the person could, in the Secretary’s opinion, be reasonably expected to do; and (b) is for at least 8 hours per week on wages that are at or above the relevant minimum wage.
603D Time limit for exemption Secretary satisfied person can undertake activity (1) A person ceases to be exempt, under this Subdivision, from the activity test if the Secretary is satisfied that, although the person meets the requirements of section 603C, the person should Social Security Act 1991 693 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 603F undertake one or more activities that the Secretary regards as suitable for the person.
(2) The cessation occurs: (a) if the person has failed to comply with a requirement to enter into a Jobseeker Employment Pathway Plan when the person so failed; or (b) in any other case when the person has entered into such a plan.

(3) This section does not prevent a person ceasing to be exempt under section 603F.
603F Time limit for exemption—end of person’s maximum exemption period (1) A person ceases to be exempt, under this Subdivision, from the activity test if the person’s maximum exemption period ends.
(2) Subject to this section, a person’s maximum exemption period is: (a) if the person has, whether before or after the commencement of this section, given the Secretary a medical certificate for the purpose of enabling the Secretary to decide whether the person was required to satisfy the activity test the lesser of the following periods: (i) the period stated in the certificate as the period for which the person would be incapacitated for work; (ii) the period of 13 weeks that started or starts on the first day of the period so stated in the certificate; or (b) otherwise the period of 4 weeks that started or starts on the day determined by the Secretary to have been the day on which the person’s incapacity for work began.
(4) If: (a) a person is exempt, under this Subdivision, from the activity test; and (b) the person has, whether before or after the commencement of this section, given the Secretary a certificate of a medical 694 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 603F practitioner that states the matters listed in paragraph 603C(1)(e) and is in accordance with the form approved under that paragraph; and (c) the Secretary is satisfied that the person’s incapacity for work will continue after the end of the person’s maximum exemption period; the Secretary may extend the person’s maximum exemption period by a period that is not more than the lesser of the following periods: (d) a period equal to the period stated in the certificate as the period for which the person would be incapacitated for work; (e) 13 weeks.
(4A) If: (a) a person was exempt, under this Subdivision, from the activity test; and (b) within 14 days after the end of the person’s maximum exemption period the person gives the Secretary a certificate of a medical practitioner that states the matters listed in paragraph 603C(1)(e) and is in accordance with a form approved under that paragraph; and (c) the Secretary is satisfied that the person’s incapacity for work has continued after the end of the person’s maximum exemption period and that the incapacity will continue; the Secretary may extend the maximum exemption period by a period that is not more than the lesser of the following periods: (d) a period equal to the period stated in the certificate as the period for which the person would be incapacitated for work; (e) 13 weeks.
(5) If: (a) a person is exempt, under this Subdivision, from the activity test; and (b) the person gives the Secretary written evidence (other than a certificate referred to in paragraph (4)(b)) that the person’s incapacity for work will continue after the end of the person’s maximum exemption period; and Social Security Act 1991 695 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 603F (c) the Secretary is satisfied that: (i) the person’s circumstances make it unreasonable to expect the person to obtain a certificate referred to in paragraph (4)(b) before the end of the maximum exemption period; and (ii) the person’s incapacity for work will continue after the end of the person’s maximum exemption period; the Secretary may extend the person’s maximum exemption period by not more than 4 weeks.
(5A) If: (a) a person was exempt, under this Subdivision, from the activity test; and (b) within 14 days after the end of the person’s maximum exemption period the person gives the Secretary written evidence (other than a certificate referred to in paragraph (4A)(b)) that the person’s incapacity for work will continue after the end of the person’s maximum exemption period; and (c) the Secretary is satisfied that: (i) the person’s circumstances make it unreasonable to expect the person to obtain a certificate referred to in paragraph (4A)(b); and (ii) the person’s incapacity for work has continued after the end of the person’s maximum exemption period and that the incapacity will continue; the Secretary may extend the maximum exemption period by a period of not more than 4 weeks from the end of the previous maximum exemption period.
(6) If: (a) a person is exempt, under this Subdivision, from the activity test; and (b) the person has, whether before or after the commencement of this section, given the Secretary a certificate referred to in paragraph (4)(b) before the end of the person’s maximum exemption period; and 696 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 605 (c) before the end of the person’s maximum exemption period, the Secretary does not satisfy himself or herself that the person’s incapacity for work will continue after the end of that period; and (d) the sole or dominant cause of the Secretary failing so to satisfy himself or herself is an act or omission of an officer of the Department; the Secretary may extend the person’s maximum exemption period by not more than 4 weeks.
(7) This section does not prevent a person ceasing to be exempt under section 603D.
Subdivision C—Jobseeker Employment Pathway Plans 605 Jobseeker Employment Pathway Plans requirement (1) If a Jobseeker Employment Pathway Plan is not in force in relation to a person, the Secretary may require the person to enter into such a plan if: (a) the person is receiving, or has made a claim for, a jobseeker payment; or (b) the Department is contacted by or on behalf of the person in relation to a claim for a jobseeker payment.
(2) If a Jobseeker Employment Pathway Plan is in force in relation to a person, the Secretary may require the person to enter into another plan instead of the existing one.

(2A) If, under Subdivision BA, a person is not required to satisfy the activity test, subsections (1) and (2) apply to the person only if subsection 603D(1) applies to the person.

(2B) Subsections (1) and (2) do not apply to a person who is qualified for a jobseeker payment only under subsection 593(1B).
(2C) Subsections (1) and (2) do not apply to a person at a time during which, under section 602AA, 602B, 602C, 602D or 603AC, the person is not required to satisfy the activity test.
Social Security Act 1991 697 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 605 (3) The Secretary is to give a person who is required to enter into a Jobseeker Employment Pathway Plan notice of: (a) the requirement; and (b) the places and times at which the plan is to be negotiated.
(4) A Jobseeker Employment Pathway Plan must be in a form approved by the Secretary.

(5) For the purposes of this Part, if: (a) a person starts to receive jobseeker payment on a particular day; and (b) immediately before that day, a Parenting Payment Employment Pathway Plan was in force in relation to the person; and (c) the period covered by the plan ends after that day; the plan has effect on and after that day as if it were a Jobseeker Employment Pathway Plan.
(6) For the purposes of this Part, if: (a) a person starts to receive jobseeker payment on a particular day; and (b) immediately before that day, a Youth Allowance Employment Pathway Plan was in force in relation to the person; and (c) the period covered by the plan ends after that day; the plan has effect on and after that day as if it were a Jobseeker Employment Pathway Plan.
(7) For the purposes of this Part, if: (a) a person starts to receive jobseeker payment on a particular day; and (b) immediately before that day a Special Benefit Employment Pathway Plan was in force in relation to the person; and (c) the period covered by the plan ends after that day; the plan has effect on and after that day as if it were a Jobseeker Employment Pathway Plan.
698 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 606 606 Jobseeker Employment Pathway Plans terms Suitable requirements (1) Subject to sections 607 to 607B, a Jobseeker Employment Pathway Plan that is in force in relation to a person is to contain one or more terms (the requirements) that: (a) the person is required to comply with; and (b) the Secretary regards as suitable for the person.
(1A) However, a plan must not contain a requirement of a kind that the Secretary determines under subsection (1B).

(1B) The Secretary must determine, by legislative instrument, the kinds of requirements that plans must not contain.

(1C) To avoid doubt, a determination under subsection (1B) does not limit the Secretary’s discretion to exclude other kinds of requirements from a particular plan under subsection (1).
Optional terms (1D) A plan may also contain one or more terms that the person may, but is not required to, comply with.

Approval of requirements (2) The requirements in a plan are to be approved by the Secretary.

(3) In considering whether to approve the requirements in a plan that will be in force in relation to a person, the Secretary is to have regard to: (a) the person’s capacity to comply with the requirements; and (b) the person’s needs.
(4) In having regard to a person’s capacity to comply with the requirements in a plan, the Secretary is to take into account, but is not limited to the following matters: (a) the person’s education, experience, skills and age; and Social Security Act 1991 699 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 606 (aa) the impact of any disability, illness, mental condition or physical condition of the person on the person’s ability to work, to look for work or to participate in training activities; and (b) the state of the local labour market and the transport options available to the person in accessing that market; and (c) the participation opportunities available to the person; and (d) the family and caring responsibilities of the person; and (e) the length of travel time required to comply with the requirements; and (f) the financial costs (such as travel costs) of complying with the requirements, and the person’s capacity to pay for such costs; and (g) any other matters that the Secretary or the person considers relevant in the circumstances.
Variation, suspension, cancellation and review (5) A plan that is in force in relation to a person: (a) may be varied (in negotiation with the person) or suspended by the Secretary; and (b) must be cancelled by the Secretary if the person enters into another Jobseeker Employment Pathway Plan; and (c) may be reviewed from time to time by the Secretary at the request of the Secretary or the person; and (d) may be cancelled by the Secretary after a review under paragraph (c).
Circumstances preventing or affecting compliance (6) If a plan is in force in relation to a person, the person must notify the Secretary of any circumstances preventing or affecting the person’s capacity to comply with the requirements in the plan.
700 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 607 607 Jobseeker Employment Pathway Plans principal carers (1) A Jobseeker Employment Pathway Plan that: (a) is in force in relation to a person who is the principal carer of at least one child; and (b) requires the person to undertake, as an activity, looking for part time paid work that the Secretary regards as suitable; must require the person to undertake looking for such part time paid work of at least the appropriate number of hours per week.
Note: For principal carer see subsections 5(15) to (24).

(2) The appropriate number of hours per week is: (a) 15; or (b) such other number as the Secretary determines to be appropriate having regard to the person’s circumstances.
607A Jobseeker Employment Pathway Plans—people with partial capacity to work (1) A Jobseeker Employment Pathway Plan that: (a) is in force in relation to a person who has a partial capacity to work; and (b) requires the person to undertake, as an activity, looking for part time paid work that the Secretary regards as suitable; must require the person to undertake looking for such part time paid work of at least the appropriate number of hours per week.

Note: For partial capacity to work see section 16B.
(2) The appropriate number of hours per week is: (a) 15; or (b) such other number as the Secretary determines to be appropriate having regard to the person’s circumstances.
Social Security Act 1991 701 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 607B 607B Jobseeker Employment Pathway Plans requirement to participate in an approved program of work (1) A Jobseeker Employment Pathway Plan that is in force in relation to a person must not require the person to participate in an approved program of work for income support payment if: (a) because of the application of Module G of Payment Rate Calculator B in section 1068, the person is receiving a jobseeker payment at a rate that has been reduced; or (b) in the Secretary’s opinion: (i) it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or (ii) performing the work in the conditions in which the work would be performed would constitute a risk to health or safety or would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or (c) the person is at least 50 years of age and is not a person to whom subsection 28(4) applies.
(2) If a Jobseeker Employment Pathway Plan that is in force in relation to a person requires the person to participate in an approved program of work for income support payment, the Secretary may, by notice given to the person, revoke the requirement to participate in the program if the Secretary: (a) is satisfied that, because of the application of Module G of Payment Rate Calculator B in section 1068, the person is receiving a jobseeker payment at a rate that has been reduced; or (b) forms the opinion that: (i) it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or 702 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 607C (ii) performing the work in the conditions in which the work would be performed would constitute a risk to health or safety or would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or (c) is satisfied that the person is at least 50 years of age and is not a person to whom subsection 28(4) applies.
(3) Upon the Secretary so notifying the person, the requirement is taken to have been revoked with effect from the day specified in the notice.

607C Jobseeker Employment Pathway Plans—suspension of plans A Jobseeker Employment Pathway Plan that is in force in relation to a person is taken to be suspended during any period during which the person is not required to satisfy the activity test because of section 602AA, 602B or 602C.
Subdivision D—Situations where jobseeker payment not payable (general) 608 Jobseeker payment not payable if payment rate nil (1) Subject to subsection (2), a jobseeker payment is not payable to a person if the person’s jobseeker payment rate would be nil.
(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because: (a) an election by the person under subsection 915A(1) (about quarterly energy supplement) or 1061VA(1) (about quarterly pension supplement) is in force; or (b) the person has been paid an advance pharmaceutical allowance under the social security law.
Social Security Act 1991 703 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 611 611 Assets test—jobseeker payment not payable if assets value limit exceeded (1) Subject to section 654, a jobseeker payment is not payable to a person if the value of the person’s assets is more than the person’s assets value limit.
(2) A person’s assets value limit is worked out using the following table: work out which family situation applies to the person; the assets value limit is the corresponding amount in the assets value limit column.

Assets value limit table Column 1 Column 2 Item Person’s family situation 1.

2.

3.
2.

3.

Not member of a couple Partnered (partner getting neither pension nor benefit) Partnered (partner getting pension or benefit) Column 3 Assets value limit Column 3A Either person or partner homeowner Column 3B Neither person nor partner homeowner $250,000 $450,000 $375,000 $575,000 $187,500 $287,500 Note 1: For member of a couple, partnered (partner getting neither pension nor benefit) and partnered (partner getting pension or benefit) see section 4.

Note 2: For homeowner see section 11.


Note 3: If item 2 applies to a person, the value of all the assets of the person’s partner are to be taken as being included in the value of the person’s assets (see subsection 612(1))—this is why the assets value limit is so high.
If, on the other hand, item 3 applies to a person, the value of the 704 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 612 Note 4: Note 5: Note 6: Note 7: person’s assets is only half the combined value of the person’s assets and the assets of the person’s partner (see subsection 612(2)).
If a jobseeker payment is not payable to a person because of the value of the person’s assets, the person may be able to take advantage of provisions dealing with financial hardship (see sections 1131 and 1132).

The assets value limits of items 1 and 3 in column 3A and item 3 in column 3B are indexed annually in line with CPI increases (see sections 1191 to 1194).

The assets value limit of item 1 in column 3B is adjusted annually (see subsection 1204(1)).
The item 2 assets value limits are adjusted annually so that they are twice the corresponding item 3 limits (see subsections 1204(2) and (3)).
612 Value of assets of members of couples (1) If: (a) a person is a member of a couple; and (b) the person’s partner: (i) is not in receipt of a social security or service pension, income support supplement or a veteran payment; and (ii) is not in receipt of a social security benefit; the value of the person’s assets, or of assets of a particular kind of the person, includes the value of the partner’s assets or of assets of that kind of the partner.

Note: For social security pension see subsection 23(1).
(2) If: (a) a person is a member of a couple; and (b) the person’s partner is in receipt of: (i) a social security or service pension, income support supplement or a veteran payment; or (ii) a social security benefit; the value of: Social Security Act 1991 705 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 613 (c) the person’s assets is taken to be 50% of the sum of the value of the assets of the person and the value of the assets of the person’s partner; and (d) the person’s assets of a particular kind are taken to be 50% of the sum of the value of the assets of that kind of the person and the value of the assets of that kind of the person’s partner.
613 Full-time students (1) Subject to subsection (2), a jobseeker payment is not payable to a person who is enrolled in a full-time course of education or of vocational training for the period that: (a) starts when the person starts the course; and (b) finishes when the person: (i) completes the course; or (ii) abandons the course; or (iii) gives notice to the provider of the course that the person: (A) wishes to withdraw from the course; or (B) wishes to withdraw from such number of subjects that the person’s course will no longer be a full-time course; and (c) includes periods of vacation.
(2) Subsection (1) does not prevent a jobseeker payment from being payable for any period during which: (b) the person is engaged in a course undertaken under a Jobseeker Employment Pathway Planan employment pathway plan; or (c) the person has deferred a course of education.

Note: For Jobseeker Employment Pathway Plan see sections 605 and 606.
706 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 614 614 Multiple entitlement exclusion (1) A jobseeker payment is not payable to a person if the person is already receiving a service pension, income support supplement or a veteran payment.
(2) If: (a) a person is receiving a jobseeker payment; and (b) a social security pension, another social security benefit, a service pension, income support supplement or a veteran payment becomes payable to the person; a jobseeker payment is not payable to the person.

Note 1: Note 2: Note 3: Another payment type will generally not become payable to the person until the person claims it.

For social security pension and social security benefit see subsection 23(1).
For the day on which the jobseeker payment ceases to be payable see section 660.
(3) A jobseeker payment is not payable to a woman if: (a) the woman is an armed services widow; and (b) the woman is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; unless: (c) the woman has been receiving a payment referred to in paragraph (b) continuously since before 1 November 1986; and (d) before 1 November 1986 the woman was also receiving a social security benefit.
Note 1: For armed services widow see subsection 4(1).

Note 2: A widow receiving a payment under the Veterans’ Entitlements Act who is not covered by paragraph (b) may be paid at a lower rate—see subsection 1068(3).
(3A) A jobseeker payment is not payable to a man if: (a) the man is an armed services widower; and Social Security Act 1991 707 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 614 (b) the man is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.
Note: For armed services widower see subsection 4(1).

(3B) A jobseeker payment is not payable to a person if: (a) the person is an armed services widow or armed services widower; and (b) the person is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA.
Note 1: For armed services widow and armed services widower see subsection 4(1).

Note 2: For MRCA see subsection 23(1).
(4) Subject to subsections (5) and (6), a jobseeker payment is not payable to a person for a period if a payment has been or may be made in respect of the person for that period under: (a) a prescribed educational scheme other than the ABSTUDY Scheme to the extent that it applies to part-time students; or (b) the scheme to provide an allowance known as the Maintenance Allowance for Refugees; or (ba) the scheme to provide an allowance known as the Adult Migrant Education Program Living Allowance; or (bb) the scheme to provide an allowance known as the English as a Second Language Allowance to the extent that the scheme applies to full-time students.
Note: For prescribed educational scheme see section 5.
(5) If: (a) a person may enrol in a full-time course of education; and 708 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 614A (b) a payment under a scheme referred to in subsection (4) may be made in respect of the person; the Secretary may decide that, in spite of subsection (4), jobseeker payment is payable to the person for a period before the person starts the course.
(6) If: (a) a person enrols in a full-time course of education; and (c) an application is made for a payment in respect of the person under the ABSTUDY Scheme; and (d) the person was receiving jobseeker payment immediately before the start of the course; the Secretary may decide that, in spite of subsection (4), jobseeker payment is payable to the person for the period of 3 weeks commencing on the day on which the course starts.
614A Maximum basic rate and remote area allowance not payable to CDEP Scheme participant The maximum basic rate, and the remote area allowance, of jobseeker payment for a period are not payable to a person who is a CDEP Scheme participant in respect of the whole or a part of the period.

Note 1: For remote area allowance see Module J of Benefit Rate Calculator B.

Note 2: For CDEP Scheme participant see subsection 23(1).

615 Jobseeker payment not payable if person fails to attend interview etc.
in certain circumstances (1) A jobseeker payment is not payable to a person if: (a) before or after the person made a claim for a jobseeker payment, the Department is contacted by or on behalf of the person in relation to a claim for a jobseeker payment; and (b) as a result of the contact, the Department required the person to do one or both of the following: Social Security Act 1991 709 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 615 (i) attend an interview with a specified person or organisation at a time and place specified in the requirement; (ii) enter into a Jobseeker Employment Pathway Plan; and (c) the person fails to comply with that requirement, or those requirements.
(2) This section does not apply to a person if the Secretary is satisfied, in accordance with any guidelines under subsection (3), that it should not apply to the person.

(3) The Secretary may, by legislative instrument, make guidelines to be complied with in deciding under subsection (2) whether this section applies to a person.
(4) This section ceases to apply: (a) when the person complies with: (i) that requirement, or those requirements; or (ii) any requirements that the Secretary has required the person to undertake in place of that requirement, or those requirements; or (b) at such earlier time as the Secretary determines, in accordance with any guidelines under subsection (5).

(5) The Secretary may, by legislative instrument, make guidelines to be complied with in making determinations under paragraph (4)(b).
(6) To avoid doubt, the fact that a person is taken, because of section 13 of the Administration Act, to have made a claim for a newstart allowance on the day on which the Department was contacted by or on behalf of the person in relation to the claim does not affect the operation of this section.
710 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 620 Subdivision E—Situations where jobseeker payment not payable (waiting periods) 620 Ordinary waiting period (1) Subject to subsections (2), (4) and (5), a person is subject to an ordinary waiting period unless: (a) at some time in the 13 weeks immediately before the person’s start day (worked out disregarding clauses 4A, 4B and 5 of Schedule 2 to the Administration Act), the person received an income support payment; or (fa) the following conditions apply: (i) the person is a member of a couple; (ii) the person’s partner dies; (iii) immediately before the partner’s death, the person was receiving a partner allowance; (iv) within the period of 4 weeks that starts on the day after the day on which the partner dies, the person claims a jobseeker payment; or (g) the Secretary is satisfied that the person is experiencing a personal financial crisis.
Note 1: For income support payment see subsection 23(1).

Note 2: For experiencing a personal financial crisis see section 19DA.

(2) Subsection (1) does not apply to a person who: (a) is undertaking an activity specified in an instrument made under subsection (3); and (b) has been exempted from the application of subsection (1) by the Secretary.

(3) The Secretary may, by legislative instrument, specify activities for the purpose of paragraph (2)(a).
(4) Subsection (1) does not apply to a person if: (a) the person makes a claim for jobseeker payment on or after the commencement of this subsection; and Social Security Act 1991 711 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 621 (b) the person makes the claim after the death of the person’s partner on or after the commencement of this subsection; and (c) if the person is a man or a woman who was not pregnant when her partner died—the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and (d) if the person is a woman who was pregnant when her partner died—the person makes the claim: (i) in the period of 14 weeks starting on the day of the death of the partner; or (ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant; whichever ends later.
(5) If a person makes a claim for jobseeker payment during the period beginning on 1 April 2021 and ending at the end of 30 June 2021, then, despite subsection (1), the person is not subject to the whole of the ordinary waiting period.
621 Duration of ordinary waiting period (1) Subject to subsections (3) and (5), if a person: (a) is subject to an ordinary waiting period; and (b) is not disqualified for jobseeker payment under section 598 (liquid assets test); the ordinary waiting period is the period of 7 days that starts on the person’s start day (worked out disregarding clauses 4A, 4B and 5 of Schedule 2 to the Administration Act).
(2) Subject to subsections (3) and (5), if a person: (a) is subject to an ordinary waiting period; and (b) is disqualified for jobseeker payment under section 598 (liquid assets test); the ordinary waiting period is the period of 7 days that starts on the day after the end of the liquid assets test waiting period referred to in subsection 598(2).
712 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 621 (3) Subject to subsection (5), if: (a) a person is subject to an ordinary waiting period; and (b) apart from this subsection, the ordinary waiting period would be the period of 7 days that starts on the person’s start day (worked out disregarding clauses 4A, 4B and 5 of Schedule 2 to the Administration Act); and (c) that start day falls within one or more of the following periods (each of which is an exclusion period) that the person is subject to: (i) a newly arrived resident’s waiting period; (ii) a seasonal work preclusion period; (iii) a lump sum preclusion period under Part 3.14; (iv) an income maintenance period, where the person’s rate of jobseeker payment on that start day would be nil; then the ordinary waiting period is the period of 7 days that starts on the first day after all the exclusion periods have ended.
(4) If: (a) subparagraph (3)(c)(iv) applies to a person; and (b) on a day in that income maintenance period, the person’s rate of jobseeker payment would be greater than nil if jobseeker payment were payable to the person on that day; then, for the purposes of subsection (3), that income maintenance period is taken to have ended at the end of the day before that day.
(5) If: (a) a person qualifies for a social security payment (other than jobseeker payment); and (b) because the person is subject to an ordinary waiting period relating to that social security payment, that social security payment is not payable to the person for a period starting on a particular day (the initial day); and (c) during that period the person: (i) ceases to be qualified for that social security payment; and (ii) claims jobseeker payment; Social Security Act 1991 713 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 623A the person’s ordinary waiting period relating to jobseeker payment is the period of 7 days that starts on the initial day.
Note: Ordinary waiting periods apply to parenting payment, youth allowance and jobseeker payment.

623A Newly arrived resident’s waiting period (1) Subject to this section, a person who: (a) has entered Australia; and (b) has not been an Australian resident and in Australia for a period of, or periods totalling, 208 weeks; is subject to a newly arrived resident’s waiting period.

(2) Subsection (1) does not apply to a person who has a qualifying residence exemption for a jobseeker payment.
Note: For qualifying residence exemption in relation to jobseeker payment, see paragraph 7(6AA)(f).

(7) Subsection (1) does not apply to a person if the person: (a) is the principal carer of one or more children; and (b) is not a member of a couple; and (c) was not a lone parent at the start of the person’s current period as an Australian resident.

Note 1: For principal carer see subsections 5(15) to (24).

Note 2: For lone parent and current period as an Australian resident see subsection 23(1).
(8) Subsection (1) does not apply to a person if: (a) the person is a refugee, or a former refugee, at the time the person made the claim for a jobseeker payment; or (b) the following apply: (i) before the person made the claim for a jobseeker payment, the person was a family member of another person at the time the other person became a refugee; (ii) the person is a family member of that other person at the time the person made the claim for a jobseeker payment or, if that other person has died, the person was a family 714 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 623B member of that other person immediately before that other person died; or (c) the person is an Australian citizen at the time the person made the claim for a jobseeker payment.
(9) For the purposes of subsection (8): (a) family member has the meaning given by subsection 7(6D); and (b) former refugee has the meaning given by subsection 7(1); and (c) refugee has the meaning given by subsection 7(6B).

623B Duration of newly arrived resident’s waiting period (1) If a person is subject to a newly arrived resident’s waiting period, the period starts on the day the person first became an Australian resident.
(3) The newly arrived resident’s waiting period ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 208 weeks.
Subdivision G—Situations where jobseeker payment not payable (administrative breaches) 631 Situations where jobseeker payment not payable for failure to comply with certain requirements A jobseeker payment is not payable to a person if the person refuses or fails, without reasonable excuse, to comply with a requirement made of the person under section 67, 68 or 192 of the Administration Act.
Social Security Act 1991 715 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 631C Subdivision GA—Activities that do not give rise to employment under certain industrial relations legislation 631C Activities that do not give rise to employment under certain industrial relations legislation A person is not to be taken to be one of the following merely because the person participates in an approved program of work for income support payment, or undertakes an activity (other than suitable paid work), in accordance with a term (including an optional term) of a Jobseeker Employment Pathway Plan under section 606: (a) a worker carrying out work in any capacity for the Commonwealth, or an employee of the Commonwealth, for the purposes of the Work Health and Safety Act 2011; (b) an employee within the meaning of section 5 of the Safety, Rehabilitation and Compensation Act 1988; (c) an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992; (d) an employee for the purposes of the Fair Work Act 2009.
Subdivision H—Other situations where jobseeker payment not payable 633 Seasonal workers (1) This section applies if, at any time during the 6 months immediately before the day on which a person lodges a claim for jobseeker payment, the person, or, if the person is a member of a couple, the person or the person’s partner, has been engaged in seasonal work.

Note: For seasonal work see subsection 16A(1).
(2) Jobseeker payment is not payable to the person: (a) if the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act) and the Secretary has not 716 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 633 made a determination under subsection (3) in relation to the person—for the person’s seasonal work preclusion period; or (b) if the Secretary has made a determination under subsection (3) in relation to the person—for that part (if any) of the person’s seasonal work preclusion period to which the person is subject as a result of the determination.
Note: For seasonal work preclusion period see subsection 16A(1).
(3) If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act): (a) the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and (b) the determination has effect accordingly.
Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple).

Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).

(4) Subsection (2) does not apply to a person who: (a) is undertaking an activity specified in an instrument made under subsection (5); and (b) has been exempted from the application of subsection (2) by the Secretary.
(5) The Secretary may, by legislative instrument, specify activities for the purpose of paragraph (4)(a).
(6) Subsection (2) does not apply to a person if: (a) the person makes a claim for jobseeker payment on or after the commencement of this subsection; and (b) the person makes the claim after the death of the person’s partner on or after the commencement of this subsection; and (c) if the person is a man or a woman who was not pregnant when her partner died—the person makes the claim in the Social Security Act 1991 717 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 1 Qualification for and payability of jobseeker payment Section 634 period of 14 weeks starting on the day of the death of the partner; and (d) if the person is a woman who was pregnant when her partner died—the person makes the claim: (i) in the period of 14 weeks starting on the day of the death of the partner; or (ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant; whichever ends later.
634 Move to area of lower employment prospects (1) Subject to subsections (1B) and (2), if, in the opinion of the Secretary, a person has reduced his or her employment prospects by moving to a new place of residence without sufficient reason, a jobseeker payment is not payable to the person for 26 weeks.
(1A) Subsection (1) extends to a person who makes a claim for jobseeker payment on or after the day on which the person moved to the new place of residence and before the end of the period referred to in that subsection.
(1B) If a person to whom a jobseeker payment is not payable under subsection (1) for a period of 26 weeks (including that subsection as it applies by subsection (1A)) does either of the following during that period: (a) moves back to the place of residence (the original place of residence) the movement from which resulted in jobseeker payment not being payable to him or her; (b) moves to another place of residence a movement to which from the original place of residence would not have resulted in jobseeker payment not being payable to him or her; the period of 26 weeks ends at the time of the movement back to the original place of residence or the movement to the other place of residence, as the case may be.
(2) Subsection (1) does not apply to a person who: 718 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Qualification for and payability of jobseeker payment Division 1 Section 634 (a) is undertaking an activity specified in an instrument made under subsection (2A); and (b) has been exempted from the application of subsection (1) by the Secretary.
(2A) The Secretary may, by legislative instrument, specify activities for the purpose of paragraph (2)(a).
(3) For the purposes of subsection (1), a person has a sufficient reason for moving to a new place of residence if and only if the person: (a) moves to live with a family member who has already established his or her residence in that place of residence; or (b) moves to live near a family member who has already established residence in the same area; or (c) satisfies the Secretary that the move is necessary for the purposes of treating or alleviating a physical disease or illness suffered by the person or by a family member; or (d) satisfies the Secretary that the person has moved from his or her original place of residence because of an extreme circumstance which made it reasonable for the person to move to the new place of residence (for example, the person had been subjected to domestic or family violence in the original place of residence).
Note: For family member see subsection 23(1).

(4) The Secretary may determine in writing the day on which the period of non-payment imposed by subsection (1) commences and that day may be before the day of the determination.
Social Security Act 1991 719 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 4 Rate of jobseeker payment Section 643 Division 4—Rate of jobseeker payment 643 How to work out a person’s jobseeker payment rate Subject to this Division, a person’s jobseeker payment rate is to be worked out using Benefit Rate Calculator B at the end of section 1068.
644AAA Approved program of work supplement If a person: (a) is receiving jobseeker payment; and (b) is participating in an approved program of work for income support payment; the rate of the person’s jobseeker payment is increased by an amount of $20.80, to be known as the approved program of work supplement, for each fortnight during which the person participates in the program unless, during that fortnight, the person subsequently ceases to participate in the program in circumstances that constitute: (c) a failure of the activity test to which the person is subject; or (d) a failure to comply with a requirement in a Jobseeker Employment Pathway Plan that is in force in relation to the person.
644AAA Approved program of work supplement If a person: (a) is receiving jobseeker payment; and (b) is participating in an approved program of work for income support payment; the rate of the person’s jobseeker payment is increased by an amount of $20.80, to be known as the approved program of work supplement, for each fortnight during which the person participates in the program.
720 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Rate of jobseeker payment Division 4 Section 644AAB 644AAB Approved program of work supplement not payable in certain circumstances An approved program of work supplement under section 644AAA is not payable to a person in respect of a fortnight if a training supplement is payable to the person in respect of the fortnight.
644AAC Training supplement (1) This section applies if a person: (a) is receiving newstart allowance; and (b) is participating in an approved training course for training supplement for the person; and (c) started participating in the course during the period beginning on the day on which this section commenced and ending on 30 June 2011.
(2) The rate of the person’s newstart allowance is increased by an amount of $41.60 (to be known as a training supplement) for each fortnight during which the person participates in the course.
(3) However, a training supplement is not payable for a fortnight during which the person participates in the course if, during the fortnight, the person ceases to participate in the course in circumstances that constitute: (a) a failure of the activity test to which the person is subject; or (b) if a Newstart Employment Pathway Plan is in force in relation to the person requirement in the plan.
a failure to comply with a 645 National Green Jobs Corps supplement (1) This section applies if a person: (a) is receiving newstart allowance; and (b) is under 25 years of age; and (c) is participating in the National Green Jobs Corps program; and Social Security Act 1991 721 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 4 Rate of jobseeker payment Section 653A (d) started participating in that program before 2012.
(2) The rate of the person’s newstart allowance is increased by an amount of $41.60 (to be known as a National Green Jobs Corps supplement) for each fortnight during which the person participates in the National Green Jobs Corps program.
(3) However, a National Green Jobs Corps supplement is not payable for a fortnight during which the person participates in the National Green Jobs Corps program if: (a) both: (i) a Newstart Employment Pathway Plan is in force in relation to the person; and (ii) during the fortnight, the person ceases to participate in that program in circumstances that constitute a failure to comply with the plan; or (b) the rate of the person’s newstart allowance is increased by training supplement for the fortnight.
653A CDEP Scheme participant may accumulate newstart allowance (1) A person who is a CDEP Scheme participant in respect of the whole or a part of a quarter may, by written notice given to the Secretary, choose to accumulate the amounts of any newstart allowance that become payable to the person in respect of that quarter, or any later quarter in respect of the whole or a part of which the person is a CDEP Scheme participant, and have not already been paid.
(2) If a person to whom subsection (1) applies makes a choice under that subsection, the sum of the accumulated amounts payable to the person in respect of a quarter is to be paid on, or as soon as practicable after, the first payday after: (a) unless paragraph (b) applies, the last day of the quarter; or (b) if the person ceases to be a CDEP Scheme participant before the end of the quarter—the day on which the person so ceases.
722 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Rate of jobseeker payment Division 4 Section 654 (3) In this section: quarter means a CDEP Scheme quarter.

Note 1: For CDEP Scheme participant see section 1188B.

Note 2: For CDEP Scheme quarter see subsection 23(1).
654 Rate of jobseeker payment for former recipients of wife pension (1) This section applies if: (a) a woman was receiving wife pension under Part 2.4 immediately before 20 March 2020; and (b) the Secretary makes a determination under section 12 of the Administration Act that the woman is taken to have made a claim for jobseeker payment because the woman became qualified for that payment immediately after ceasing to receive wife pension.
(2) The Secretary must, in determining the claim, disregard section 611.

(3) Subject to this section, if: (a) the Secretary determines that the claim is to be granted; and (b) as a result of that determination and disregarding section 611, jobseeker payment is payable to the woman on a day (a transition day) on or after 20 March 2020; the woman’s jobseeker payment rate on the transition day is worked out in accordance with the following method statement: Method statement Step 1.
Work out the woman’s jobseeker payment rate on the transition day in accordance with sections 643 and 644AAA.

Step 2.

Work out the woman’s wife pension transition rate on the transition day.

Note: See subsection (4) for the wife pension transition rate.

Social Security Act 1991 723 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 4 Rate of jobseeker payment Section 655 Step 3.

Step 4.
Step 4.

If the rate at step 2 exceeds the rate at step 1, the woman’s jobseeker payment rate on the transition day is the rate at step 2.

If the rate at step 2 does not exceed the rate at step 1, the woman’s jobseeker payment rate on the transition day is the rate at step 1.

(4) The woman’s wife pension transition rate on a transition day is the rate worked out in accordance with section 655 or 656.
(5) If, for a period of 42 consecutive days, the following apply: (a) the woman’s jobseeker payment rate is the rate at step 1 of the method statement in subsection (3); (b) if section 611 had applied in relation to the woman throughout that period, the value of the woman’s assets throughout that period is less than or equal to the woman’s asset value limit under that section; then for any day after the end of that period: (c) section 611 applies in relation to the woman; and (d) the woman’s jobseeker payment rate is to be worked out in accordance with sections 643 and 644AAA (and not under this section).
(6) If, on a day (the cessation day) on or after 20 March 2020, the woman would not have qualified for a wife pension if Part 2.4 (as in force immediately before 20 March 2020) were still in force on the cessation day, then on and after the cessation day: (a) section 611 applies in relation to the woman; and (b) the woman’s jobseeker payment rate is to be worked out in accordance with sections 643 and 644AAA (and not under this section).
655 Wife pension transition rate—method 1 (1) A woman’s wife pension transition rate on a day is worked out in accordance with this section if: 724 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Rate of jobseeker payment Division 4 Section 656 (a) on 19 March 2020, there was no reduction under step 5 of the method statement in point 1064-A1, and there was no reduction under step 9 of that method statement, in relation to the woman’s rate of wife pension on that day; and (b) assuming the woman were receiving newstart allowance on each day in the period starting on 6 February 2020 and ending at the end of 19 March 2020, there would have been no reduction under step 5 of the method statement in point 1068-A1 on any day in that period.
(2) The woman’s wife pension transition rate on a day is the rate that would have been the woman’s rate of wife pension on that day under Module A of the Pension Rate Calculator A in section 1064 if the woman had been receiving wife pension on that day.
(3) However, subsection (2) applies with the following modifications: (a) in working out the amount at step 1 of the method statement in point 1064-A1, assume each amount in the table in point 1064-B1 were that amount as at 19 March 2020; (b) in working out the amount at step 1A of the method statement in point 1064-A1: (i) assume the combined couple rate of pension supplement were that amount as at 19 March 2020; and (ii) assume the combined couple rate of minimum pension supplement were that amount as at 19 March 2020; (c) assume the amount at step 5 of the method statement in point 1064-A1 were the amount worked out at step 5 of the method statement in point 1068-A1, multiplied by 26; (d) in working out the amount at step 9 of the method statement in point 1064-A1, assume each amount in the table in point 1064-G3 were that amount as at 19 March 2020.
656 Wife pension transition rate—method 2 (1) A woman’s wife pension transition rate on a day is worked out in accordance with this section if: Social Security Act 1991 725 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 4 Rate of jobseeker payment Section 656 (a) on 19 March 2020, there was a reduction under either or both of steps 5 and 9 of the method statement in point 1064-A1 in relation to the woman’s rate of wife pension on that day; or (b) assuming the woman were receiving newstart allowance on each day in the period starting on 6 February 2020 and ending at the end of 19 March 2020, there would have been a reduction under step 5 of the method statement in point 1068-A1 on at least one day in that period.
(2) The woman’s wife pension transition rate on a day is the rate that would have been the woman’s rate of wife pension on that day under Module A of the Pension Rate Calculator A in section 1064 if the woman had been receiving wife pension on that day.
(3) However, subsection (2) applies with the following modifications: (a) in working out the amount at step 1 of the method statement in point 1064-A1, assume each amount in the table in point 1064-B1 were that amount as at 19 March 2020; (b) in working out the amount at step 1A of the method statement in point 1064-A1: (i) assume the combined couple rate of pension supplement were that amount as at 19 March 2020; and (ii) assume the combined couple rate of minimum pension supplement were that amount as at 19 March 2020; (c) in working out the amount at step 5 of the method statement in point 1064-A1, assume each amount in the table in point 1064-E4 were that amount as at 19 March 2020; (d) in working out the amount at step 9 of the method statement in point 1064-A1, assume each amount in the table in point 1064-G3 were that amount as at 19 March 2020.
(4) For the purposes of this section, take into account clause 146 of Schedule 1A as in force immediately before 20 March 2020.

However, in taking that clause into account, assume each amount referred to in subparagraph 146(4)(a)(i) of Schedule 1A were that amount as at 19 March 2020.
726 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Bereavement payments Division 9 Section 660LA Division 9—Bereavement payments Subdivision AA—Ongoing payments for death of partner 660LA Qualification for payments under this Subdivision (1) If: (a) a person is receiving a jobseeker payment; and (b) the person is a long-term social security recipient; and (c) the person is a member of a couple; and (d) the person’s partner dies; and (e) immediately before the partner died, the partner: (i) was receiving a social security pension; or (ii) was receiving a service pension or a veteran payment; or (iii) was a long-term social security recipient; and (f) on the person’s payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of: (i) the amount that would otherwise be payable to the person under section 660LD (person’s continued rate) on that payday; and (ii) the amount (if any) that would otherwise be payable to the person, under section 660LB (continued payment of partner’s pension or allowance) on the partner’s payday immediately before the first available bereavement adjustment payday; the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: Section 660LB provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person’s partner during that period if the partner had not died.
Note 2: Section 660LC provides for a lump sum that represents the instalments that would have been paid to the person’s partner, Social Security Act 1991 727 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 9 Bereavement payments Section 660LB between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.
Note 3: For long-term social security recipient see subsection 23(1).

(2) A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.

Note: By making such an election, the person may qualify for a payment under Subdivision A.
(3) An election under subsection (2): (a) must be made by written notice to the Secretary; and (b) may be made after the person has been paid an amount or amounts under this Subdivision; and (c) cannot be withdrawn after the Department has taken all the action required to give effect to that election.
(4) If a person is qualified for payments under this Subdivision in relation to the partner’s death, the rate at which jobseeker payment is payable to the person during the bereavement period is, unless the person has made an election under subsection (2), governed by section 660LD.
660LB Continued payment of partner’s pension or benefit If a person is qualified for payments under this Subdivision in relation to the death of the person’s partner, there is payable to the person, on each of the partner’s paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the partner on that payday if the partner had not died.
660LC Lump sum payable in some circumstances If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) the first available bereavement adjustment payday occurs before the end of the bereavement period; 728 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Bereavement payments Division 9 Section 660LC there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.
LUMP SUM CALCULATOR This is how to work out the amount of the lump sum: Method statement Step 1.
Add up: (a) (b) the amount that, if the person’s partner had not died, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday; and the amount (if any) that, if the partner had not died, would have been payable to the partner on the partner’s payday immediately before the first available bereavement adjustment payday; the result is called the combined rate.

Step 2.
Step 2.

Work out the amount that, but for section 660LD, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday: the result is called the person’s individual rate.

Step 3.

Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 4.

Work out the number of the partner’s paydays in the bereavement lump sum period.
Social Security Act 1991 729 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 9 Bereavement payments Section 660LD Step 5.

Multiply the partner’s instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable to the person under this section.
660LD Adjustment of a person’s jobseeker payment rate If: (a) a person is qualified for payments under this Subdivision; and (b) the person does not elect under subsection 660LA(2) not to receive payments under this Subdivision; the rate of the person’s jobseeker payment during the bereavement period is worked out as follows: (c) during the bereavement rate continuation period, the rate of jobseeker payment payable to the person is the rate at which the payment would have been payable to the person if the person’s partner had not died; (d) during the bereavement lump sum period (if any), the rate at which jobseeker payment is payable to the person is the rate at which the payment would be payable to the person apart from this Subdivision.
660LE Effect of death of person entitled to payments under this Subdivision If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) the person dies within the bereavement period; and (c) the Secretary does not become aware of the death of the person’s partner before the person dies; there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.
730 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Bereavement payments Division 9 Section 660LE LUMP SUM CALCULATOR This is how to work out the amount of the lump sum: Method statement Step 1.
Add up: (a) (b) the amount that, if neither the person nor the person’s partner had died, would have been payable to the person on the person’s payday immediately after the day on which the person dies; and the amount (if any) that, if neither the person nor the person’s partner had died, would have been payable to the person’s partner on the partner’s payday immediately after the day on which the person died; the result is called the combined rate.

Step 2.
Step 2.

Work out the amount that, but for section 660LD, would have been payable to the person on the person’s payday immediately after the day on which the person died if the person had not died: the result is called the person’s individual rate.

Step 3.

Take the person’s individual rate away from the combined pensioner couple rate: the result is called the partner’s instalment component.

Step 4.
Step 4.

Work out the number of paydays of the partner in the period that commences on the day on which the person dies and ends on the day on which the bereavement period ends.

Social Security Act 1991 731 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 9 Bereavement payments Section 660LF Step 5.
Multiply the partner’s instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable under this section.
660LF Matters affecting payments under this Subdivision (1) If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) after the person’s partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act; and (c) the Secretary is not satisfied that the person has not had the benefit of that amount; the following provisions have effect: (d) the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person’s partner, except to the extent (if any) that the amount exceeds the amount payable to the person under this Subdivision; (e) the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b).
(2) If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) the amount to which the person’s partner would have been entitled if the person’s partner had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and 732 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Bereavement payments Division 9 Section 660LG (c) the bank pays to the person, out of the account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b); the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person’s partner or anyone else in respect of the payment of that money to the person.
660LG Calculation of bereavement payment in respect of former CDEP Scheme participant If a benefit becomes payable under this Subdivision in respect of a person who was a CDEP Scheme participant in respect of the day on which the benefit becomes payable, the amount of the benefit is to be the amount that would have been the amount of the benefit if section 614A had not been enacted.

Note: For CDEP Scheme participant see section 1188B.
Subdivision A—One-off payment for death of partner 660LH Qualification for payment under this Subdivision A person is qualified for a lump sum payment under this Subdivision if: (a) the person is qualified for jobseeker payment on a day (the relevant day); and (b) jobseeker payment is payable to the person on the relevant day; and (c) on or before the relevant day but after the commencement of this section, the person was a member of a couple and stopped being a member of a couple because the person’s partner died; and (d) the person is not a member of a couple on the relevant day; and (e) when the person’s partner died, both the person and the person’s partner were Australian residents; and Social Security Act 1991 733 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 9 Bereavement payments Section 660LI (f) if the person is a man or a woman who was not pregnant when her partner died—the relevant day occurs in the period of 14 weeks starting on the day of the death of the partner; and (g) if the person is a woman who was pregnant when her partner died—the relevant day occurs: (i) in the period of 14 weeks starting on the day of the death of the partner; or (ii) in the period (the relevant period) starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant; whichever ends later; and (h) the relevant day is the day that the person first notifies the Secretary of the person’s partner’s death; and (i) if the person is qualified for payments under section 660LA in respect of the person’s partner’s death—the person has made an election under subsection 660LA(2).
660LI Amount of payment (1) The amount of the person’s payment is worked out using the following formula (except if paragraph 660LH(g) applies in relation to the person): Daily rate of person’s jobseeker payment on the relevant day  14  4.5 (2) If subparagraph 660LH(g)(i) applies in relation to the person, the amount of the person’s payment is worked out using the following formula: Daily rate of person’s jobseeker payment on the relevant day  14       3     $1,000 (3) If subparagraph 660LH(g)(ii) applies in relation to the person, the amount of the person’s payment is worked out using the following formula: 734 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Jobseeker payment Part 2.12 Bereavement payments Division 9 Section 660LI Daily rate of person’s jobseeker payment on the relevant day     where:  14   3     Additional amount additional amount means the amount worked out in accordance with the following table: Additional amount Item If the relevant period is: the additional amount is: More than 14 weeks but not more than 16 weeks More than 16 weeks but not more than 18 weeks More than 18 weeks but not more than 20 weeks More than 20 weeks but not more than 22 weeks More than 22 weeks but not more than 24 weeks More than 24 weeks but not more than 26 weeks More than 26 weeks but not more than 28 weeks More than 28 weeks but not more than 30 weeks More than 30
 weeks but not more than 32 weeks 10 More than 32 weeks $1,150 $1,500 $1,850 $2,150 $2,500 $2,850 $3,200 $3,550 $3,900 $4,250 Social Security Act 1991 735 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.12 Jobseeker payment Division 9 Bereavement payments Section 660M Subdivision B—Continuation of jobseeker payment rate after death of child 660M Death of child—continuation of jobseeker payment rate for 14 weeks If: (a) a person
 is receiving jobseeker payment; and (b) the person is the principal carer of a child who dies; and (c) apart from this section, the person’s rate of jobseeker payment would be reduced because the person is no longer the child’s principal carer; the person’s rate of jobseeker payment, during the period of 14 weeks that starts on the day of the child’s death, is to be worked out as if the child had not died.
Note: For principal carer see subsections 5(15) to (24).

736 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Social Security Act 1991 No.

46, 1991 This future law compilation was prepared on 8 June 2021 taking into account amendments made by the Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Bill 2021.
The date of commencement for the incorporated amendments was unknown at the time of preparation.
Volume 1: Volume 2: Volume 3: Volume 4: Volume 5: sections 1–660M sections 665A–1067L sections 1068–1263 Schedule 1A Endnotes 1–4 Endnote 5 Each volume has its own contents Prepared by the Office of Parliamentary Counsel, Canberra OFFICIAL: Sensitive // Legal Privilege About this compilation This compilation This is a future compilation of the Social Security Act 1991 that shows the expected text of the law as amended by the Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Bill 2021.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the future compilation.

Future amendments The details of expected future amendments incorporated into the text, that have not yet commenced are underlined in the endnotes.

Any future amendments that are included in the endnotes are underlined.
Application, saving and transitional provisions for provisions and amendments 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.
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.

For more information on any modifications, see the series page on the Legislation Register for the compiled law.
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.
OFFICIAL: Sensitive // Legal Privilege Contents Chapter 2—Pensions, benefits and allowances Part 2.13A—Education entry payment 1 1 Division 1—Recipients of pension PP (single) Division 2—Recipients of disability support pension 1 Payment to recipient of pension PP (single)..........1 Amount of section 665A payment .........................1 Need for claim .......................................................1 2 Payment to a disability support pensioner .............2 Amount of section 665E payment .........................2 Need for claim .......................................................2 3 Payment to a special benefit recipient ...................3 Amount of section 665M payment ........................3 Need for claim .......................................................3 4 Payment to recipient ..............................................4 Amount of section 665U payment .........................5 Need for claim .......................................................5 6 Payment to a widow allowance recipient ..............6 Amount of section 665ZC payment.......................7 Need for claim .......................................................7 8 Payment to a carer payment recipient....................8 Amount of section 665ZFA payment ....................8 Need for claim .......................................................8 9 Payment to a partner allowance recipient ..............9 Amount of section 665ZQ payment.....................10 Need for claim
 .....................................................10 11 Payment to recipient of PP (partnered)................11 Amount of section 665ZU payment.....................12 Division 4—Special benefit recipients Division 6—Jobseeker payment recipients Division 8—Widow allowance recipients Division 8A—Carer payment recipients Division 11—Partner allowance recipients Division 12—Recipients of PP (partnered) 665A 665B 665C 665E 665F 665G 665M 665N 665P 665U 665V 665W 665ZC 665ZD 665ZE 665ZFA 665ZFB 665ZFC 665ZQ 665ZR 665ZS 665ZU 665ZV Social Security
 Act 1991 i Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 665ZW Need for claim .....................................................12 Division 12A—Recipients of youth allowance (other) 665ZX 665ZXA 665ZXB 665ZXC 13 Payment to recipient of youth allowance (other).13 Amount of section 665ZX payment.....................14 Need for claim .....................................................14 Cessation of Division...........................................14 Division 13—Protection of education entry payment 15 665ZY 665ZZ Education entry payment to be absolutely inalienable............................................................15 Effect of garnishee or attachment order...............15 Division 14—Education entry payment supplement 17 665ZZA 665ZZB 665ZZC 665ZZD 665ZZE Qualification for education entry payment supplement ...........................................................17 Amount of education entry payment supplement 17 Separate claim not needed ...................................17 Education entry payment supplement taken to be part of education entry payment for purposes of social security law................................................17 Cessation of Division...........................................18 Part 2.15—Special benefit 19 Division 1—Qualification for and payability of special benefit 19 Subdivision A—Qualification 729 729A 729AA 729B 729C 730 19 Qualification for special benefit
 ..........................19 Time limit on qualification for certain recipients of special benefit ......................................................25 Effect of industrial action on qualification conditions of certain claimants for special benefit .............................................................................26 Certain recipients of special benefit cease to be qualified for special benefit after 52 weeks .........28 Consequence of subsection 729B(2) determination
 .............................................................................28 Determination of period.......................................29 Subdivision AA—Activity test for certain nominated visa holders 731 731A 29 Application of Subdivision ..................................29 Activity test..........................................................29 ii Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 731B 731D 731DAA 731DA 731DB 731DC 731E 731F 731G 731GA 731H 731HA 731HB 731J 731JA 731K 731KA Meaning of unsuitable work for the purposes of the activity test .....................................................31 Persons in certain areas can be taken to comply with activity test...................................................33 Relief from activity test—death of person’s partner ..................................................................34 Relief from activity test—domestic violence etc.36 Relief from activity test—people with disabled children and other circumstances.........................37 Persons may be treated as actively seeking etc.
paid work .............................................................40 Relief from activity test—special circumstances.41 Relief from activity test—pre-natal and post-natal .............................................................................42 Relief from activity test—people 55 and over who are engaged in work.............................................43 Relief from activity test—certain principal carers and people with partial capacity to work .............44 Relief from activity test—dependent child..........44 Relief from activity test—persons who would be qualified for carer payment under section 197B, 197C, 197D or 197E ............................................45 Relief from activity test—persons who would be qualified for carer payment under section 197G or 197H.....................................................................47 Relief from activity test—persons who would be qualified for carer payment under section 198 or for carer allowance...............................................50 Relief from activity test—grant of temporary protection, humanitarian or safe haven visa ........53 Temporarily incapacitated person not required to satisfy activity test ...............................................53 Time limit for exemption—Secretary satisfied person can undertake activity ..............................54 Subdivision AB—Special Benefit Employment Pathway Plans for 55 persons who are nominated visa holders 731L 731M 731N Special Benefit Employment Pathway Plans— requirement to enter .............................................55 Special Benefit Employment Pathway Plans— terms.....................................................................56 Special Benefit Employment Pathway Plans— principal carers.....................................................58 Social Security Act 1991 iii Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 731P 731Q 731R Special Benefit Employment Pathway Plans— people with partial capacity to
 work....................58 Special Benefit Employment Pathway Plans— revocation of requirement to participate in approved program of work ..................................59 Special Benefit Employment Pathway Plans— suspension of plans ..............................................60 Subdivision B—Payability 732 733 734 735 736 737 738 739 739A 739B 739C 60 Special benefit not payable if benefit rate nil ......60 Assets test—benefit not payable if assets value limit exceeded ......................................................60 Value of assets of members of couples................62 Multiple entitlement exclusion ............................63 Secretary may require certain persons to attend courses or undertake work ...................................64 Full-time students ................................................65 Payments under certain education schemes.........66 SPB homeless person...........................................67 Newly arrived resident’s waiting period..............67 Secretary to act in accordance with guidelines....70 Guidelines for exercise of Secretary’s powers under subsection 739A(7)....................................70 Subdivision D—Situations where special benefit not payable to persons who are nominated visa holders (administrative breaches) 70 745H Situations where special benefit not payable for failure to comply with certain requirements ........70 Subdivision E—Activities that do not give rise to employment under certain industrial relations legislation 71 745L Activities that do not give rise to employment under certain industrial relations legislation........71 Subdivision F—Other situations where special benefit not payable 71 Seasonal workers .................................................71 Move to area of lower employment prospects.....72 to persons who are nominated visa holders 745M 745N Division 4—Rate of special benefit 746 747 74 Rate of special benefit..........................................74 Approved
Approved program of work supplement for persons who are nominated visa holders .............74 iv Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 759 Effect of industrial action on rate of special benefit payable to persons who are nominated visa holders .............................................................................75 Division 9—Bereavement payments Subdivision AA—Death of partner 77 77 Qualification for payments under this Subdivision .............................................................................77 Continued payment of partner’s pension or benefit .............................................................................78 Lump sum payable in some circumstances..........78 Adjustment of a person’s special benefit rate......80 Effect of death of person entitled to payments under this Subdivision .........................................80 Matters affecting payments under this Subdivision .............................................................................82 Part 2.15A—Partner allowance 84 Division 1A—Application of Part 84 Time limits on claims for partner allowance .......84 Division 1—Qualification for and payability of partner allowance 85 Subdivision A—Qualification for partner allowance Subdivision B—Payability of partner allowance 85 Qualification for partner allowance .....................85 Unemployment due to industrial action...............87 88 Partner allowance not payable if allowance rate nil .............................................................................88 Assets test—allowance not payable if assets value limit exceeded ......................................................88 Multiple entitlement exclusion ............................89 Educational schemes exclusion ...........................90 Maximum basic rate and remote area allowance not payable to CDEP Scheme participant............90 Newly arrived resident’s waiting period..............90 Duration of newly arrived resident’s
 waiting period ...................................................................91 Seasonal workers .................................................91 768A 768B 768C 768D 768E 768F 771 771HA 771HB 771HC 771HF 771HI 771HJ 771HK 771HNA 771HNB 771HNC Social Security Act 1991 v Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Division 4—Rate of partner allowance 93 771KA 771KE 771KN Rate of partner allowance if partner is not receiving special benefit ......................................93 Rate of partner allowance if partner receiving special benefit ......................................................93 CDEP Scheme participant may accumulate partner allowance .............................................................93 Division 9—Bereavement payments 95 Subdivision A—Surviving partner and deceased partner defined 771NT 95 Surviving partner and deceased partner...............95 Subdivision B—Person to continue to receive partner allowance 771NU where person’s partner dies 95 Continuation of partner allowance for bereavement period ...................................................................95 Subdivision C—Bereavement payments for person receiving partner allowance following death of the person’s partner 97 Qualification for payments under this Subdivision .............................................................................97 Continued payment of deceased partner’s benefit
 .............................................................................98 Lump sum payable in some circumstances..........98 Effect of death of surviving partner...................101 Matters affecting payments under this Subdivision ...........................................................................103 771NV 771NW 771NX 771NY 771NZ Subdivision D—Bereavement payment in respect of former CDEP 104 Calculation of bereavement payment in respect of former CDEP Scheme participant......................104 Scheme participant 771NZAA Part
 2.16—Special needs pensions 105 Division 1A—Time limit on grant of special needs wife pension 771P 105 Special needs wife pension not to be granted after 30 June 1995 ......................................................105 Division 1B—Time limit on grant of other special needs pensions 106 771PA Special needs pensions not to be granted after 20 September 2000 ............................................106 vi Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Division 1—Qualifications for and payability of special needs pensions Subdivision A—Qualification 107 107 Qualification for special needs age pension ......107 Qualification for special needs disability support pension ...............................................................108 Qualification for special needs wife pension.....108 Subdivision B—Payability 108 779 783 787 Special needs pension not payable if pension rate nil .......................................................................108 Second special needs pension generally not payable after cancellation of initial pension ......109 Multiple entitlement exclusion ..........................109 Division 5—Rate of special needs pension 111 How to work out a person’s special needs pension rate .....................................................................111 Special Needs Proportional Rate Calculator Module A—Overall rate calculation process Module B—Australian working life residence Module C—Residence factor Division 10—Bereavement payments 112 112 113 115 116 Subdivision A—Death of partner 116 Qualification for payments under this Subdivision ...........................................................................116 Continued payment of deceased partner’s previous entitlement .........................................................118 Lump sum payable in some circumstances........119 Adjustment of rate of person’s special needs pension
 ...............................................................120 Effect of death of person entitled to payments under this Subdivision .......................................121 Matters affecting payment of benefits under this Subdivision ........................................................122 Subdivision C—Death of recipient 123 Death of recipient...............................................123 772 773 774 796 822 823 824 825 826 827 830 Social Security Act 1991 vii Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 2.17—Economic security strategy payment 125 900 901 902 Qualification for economic security strategy payment..............................................................125 Amount of economic security strategy payment— general................................................................126 Amount of economic security strategy payment— person receiving carer allowance.......................127 Part 2.18—Training and learning bonus 129 Qualification for training and learning bonus....129 Amount of training and learning bonus .............130 Part 2.18A—Clean energy payments Division 1—Clean energy advances 132 132 Subdivision A—Qualifying for clean energy advances 910 911 914 914A 914B 914C 914D 914E 914F 915 915A 915B 917A 917B 917C 917D 917E Subdivision B—Amount of a clean energy advance Subdivision C—Top-up payments of clean energy advance 141 Top-up payments of clean energy advance........141 914G Division
 2—Quarterly energy supplement 132 Recipients of certain social security payments ..132 Recipients of austudy, youth allowance, some disability support pensions and some special benefits...............................................................133 Disregard nil rate in certain circumstances........135 Limits on qualifying for multiple advances.......135 136 Amount of a clean energy advance....................136 Clean energy advance daily rate .......................136 Number of advance
 days....................................141 143 When quarterly energy supplement is payable ..143 Electing to receive quarterly energy supplement ...........................................................................143 Rate of quarterly energy supplement .................144 145 Definitions .........................................................145 Qualification for essential medical equipment payment..............................................................145 The medical needs requirement .........................147 The concession card requirement ......................148 The energy account requirement........................148 Division 4—Essential medical equipment payment viii Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 917F 917G 917H Availability of payments....................................149 Amount of payment ...........................................150 Non-receipt of social security payment .............150 Division 5—Multiple qualification exclusions 151 Multiple qualification exclusions.......................151 Part 2.19—Carer allowance Division 1—Interpretation 152 Carer allowance definitions ...............................152 152 918 952 Division 2—Qualification for and payability of carer allowance Subdivision A—Qualification 153 153 953 953A 954 954A 954B 955 956 957 957A 957B 957C 957D Qualification for carer allowance—caring for either 1 or 2 disabled children............................153 Remaining qualified for carer allowance up to 3 months after child turns 16 ................................155 Qualification for carer allowance—caring for a disabled adult in a private home of both the adult and the carer.......................................................156 Qualification for carer allowance—caring for a disabled adult in a private home not shared by the adult and carer....................................................157 Qualification for carer
 allowance—receiving carer payment for caring for child or children............159 Qualification for carer allowance—hospitalisation ...........................................................................159 Absence from Australia .....................................160 Effect of cessation of care etc.
on carer allowance ...........................................................................160 Carer allowance income test ..............................162 Adjusted taxable income....................................164 Accepted estimates ............................................167 Income from long-term financial assets.............167 Subdivision B—Limitations on payability 169 958 964 Carer allowance not payable if allowance rate nil ...........................................................................169 Carer allowance not payable to 2 people for the same care receiver or care receivers unless declaration made ................................................169 Social Security Act 1991 ix Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 965 966 967 Carer allowance not payable to more than one member of a couple............................................170 Newly arrived resident’s waiting period............171 Duration of newly arrived resident’s waiting period .................................................................172 Division 5—Rate of carer allowance 173 Rate of carer allowance......................................173 974 Division 6—Multiple qualification for carer allowance for same 175 care receiver or receivers 981 Secretary may make declaration where 2 people are qualified for carer allowance for the same care receiver or care receivers ...................................175 Division 10—Bereavement payments (death of disabled child or 176
 adult) Subdivision A—Death of disabled child 176 992J 992K Continued carer allowance during bereavement rate continuation period where disabled child dies ...........................................................................176 Lump sum payable in some circumstances........176 Subdivision B—Death of disabled child (special short-term assistance) 177 992L Continuation of qualification for carer allowance for 4 weeks in some cases where recipient’s disabled child dies..............................................177 Subdivision BA—Death of disabled adult 178 992LA 992LB Continued carer allowance during bereavement rate continuation period where disabled adult dies ...........................................................................178 Lump sum payable in some circumstances........179 Subdivision C—Death of recipient 180 Death of recipient...............................................180 Part 2.19AA—Child disability assistance 182 Child disability assistance definitions................182 Qualification for child disability assistance.......182 Eligible care receivers........................................183 Amount of child disability assistance ................183 992M 992MA 992MB 992MC 992MD x Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 2.19A—One-off payments to carers eligible for carer allowance Division 1—One-off payment to carers eligible for carer 184 184 allowance 992N 992O 992P
 One-off payment to carers (carer allowance related) ...............................................................184 In respect of what care receivers is the payment payable?
.............................................................184 What is the amount of the payment?

.................185 Division 2—2005 one-off payment to carers eligible for carer allowance 186 992Q 992R 992S 2005 one-off payment to carers (carer allowance related) ...............................................................186 In respect of what care receivers is the payment payable?

.............................................................186 What is the amount of the payment?
.................187 Division 3—2006 one-off payment to carers eligible for carer allowance 188 992T 992U 992V 2006 one-off payment to carers (carer allowance related) ...............................................................188 In respect of which care receivers is the payment payable?
.............................................................188 Amount of the one-off payment.........................189 Division 4—2007 one-off payment to carers eligible for carer allowance 992WA 992WB 992WC 190 2007 one-off payment to carers (carer allowance related) ...............................................................190 Eligible care receivers........................................190 Amount of the one-off payment.........................191 Division 5—2008 one-off payment to carers eligible for carer allowance 992WD 992WE 992WF 192 2008 one-off payment to carers (carer allowance related) ...............................................................192 Eligible care receivers........................................192 Amount of the one-off payment.........................193 Part 2.19B—Carer supplement 992X 194 Carer supplement ...............................................194 Social Security Act 1991 xi Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 993 994 995 996 997 998 999 Part 2.20—Double orphan pension Division 1—DOP child status 198 198 Double orphan—not refugee .............................198 Double orphan—refugee....................................199 Refugee child .....................................................200 Long-term prisoner ............................................200 Patient on a long-term basis...............................201 Person uncontactable .........................................201 Division 2—Qualification for
 and payability of double orphan pension 202 Subdivision A—Qualification 202 Qualification for double orphan pension ...........202 Subdivision B—Payability 203 1003 Double orphan pension not payable for child receiving a pension under the Veterans’ Entitlements Act ................................................203 Division 5—Rate of double orphan pension 204 Rate of double orphan pension ..........................204 1010 Division 10—Bereavement payments (death of DOP child) Subdivision A—Death of DOP child
 (General) 207 207 1033 1034 Continued double orphan pension during bereavement rate continuation period where DOP child dies ............................................................207 Lump sum payable in some circumstances........207 Subdivision AA—Death of dependent child (special short-term assistance) 208 1034AA Continuation of qualification for double orphan pension for 4 weeks in some cases where recipient’s DOP child dies .................................208 Subdivision B—Death of recipient 209 Death of recipient...............................................209 1034A Part 2.21—Mobility allowance Division 1—Qualification for and payability of mobility allowance Subdivision A—Qualification 211 211 211 xii Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 1035 1035A Qualification for mobility allowance (rate specified in subsection 1044(1)) ........................211 Qualification for mobility allowance (rate specified in subsection 1044(1A)) .....................215 Subdivision B—Payability 1036 1037 1038 1039AA 1039AB 1044 1044A 221 Mobility allowance not payable at 2 rates .........221 Mobility allowance not payable where person receiving motor vehicle assistance ....................221 Mobility allowance not payable when person is NDIS participant ................................................221 Newly arrived resident’s waiting period............222 Duration of newly arrived resident’s
 waiting period .................................................................223 224 Rate of mobility allowance ................................224 Reduction of the advance payment period.........224 Division 2—Rate of mobility allowance Division 3—Mobility allowance advance 226 Qualification for mobility advance ....................226 1045 Division 4—Continuation 1046 Continuation of mobility allowance when person ceases to be qualified .........................................227 227 Part 2.21A—Language,
 literacy and numeracy supplement 231 Division 1—Preliminary 1047 231 Definition ...........................................................231 Division 2—Qualification for language, literacy and numeracy supplement 1048 232 General statement of qualification.....................232 Division 3—Circumstances where language, literacy and numeracy supplement not payable 233 1049 Language, literacy and numeracy supplement not payable in certain circumstances .......................233 Division 4—Rate increase relating to language, literacy and numeracy supplement 234 Rate increase attributable to language, literacy and numeracy supplement ........................................234 1050 Social Security Act 1991 xiii Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 2.22—Advance payments of social security entitlements 235 Division 1—Qualification for advance payment 235 Qualification for advance payment....................235 Division 2—Applying for advance payment 238 Application.........................................................238 Form of application............................................238 Lodgment of application....................................238 Application may be withdrawn..........................238 Division 3—Determination of application and payment of advance payment 239 Secretary to determine application ....................239 Payment of advance payment ............................239 Division 4—Amount of advance payment 240 1061ECA 1061ED 1061EE Amount of advance payment—age and disability support pensions and carer payment..................240 Amount of advance payment—pension PP (single) ...........................................................................241 Amount of advance payment—certain other social security payments ..............................................243 Division 5—Payment of advance payment 246 Advance payment to be paid to person or nominee
 ...........................................................................246 Payment into bank account etc.
.........................246 Division 6—Protection of advance payment 248 Advance payment to be absolutely inalienable..248 Division 7—Repayment of advance payment 249 Repayment of advance payment ........................249 Part 2.22A—Special employment advances 250 Division 1—Qualification for special employment advance Division 4—Amount of special employment advance 250 Qualification for special employment advance .250 Meaning of in severe financial hardship ...........252 Person not qualified in certain circumstances....252 254 Where claim based on effect of unreceived income on special employment advance qualifying entitlement .........................................................254 1061A 1061B 1061C 1061D 1061E 1061EA 1061EB 1061EI 1061EJ 1061EK 1061EL 1061EM 1061EN 1061EO 1061EW xiv Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 1061EX Where claim based on claimant’s need for financial assistance to take up offered employment ...........................................................................254 Division 7—Repayment of special employment advance 257 Repayment of special employment advance......257 1061EZC Part 2.23—Advance pharmaceutical allowance Division 1—Qualification for and payability of advance pharmaceutical allowance 258 258 1061F 1061G Qualification for advance pharmaceutical allowance ...........................................................258 Advance pharmaceutical allowance not payable in some circumstances
 ...........................................258 Division 3—Amount of advance pharmaceutical allowance 260 Amount of advance pharmaceutical allowance .260 Annual limit .......................................................260 1061JC 1061JD Part 2.23A—Crisis payment Division 1—Qualification for crisis payment 261 261 1061JG 1061JH 1061JHA 1061JI 1061JIA 1061JJ 1061JK 1061JL Qualification—release from gaol or psychiatric confinement .......................................................261 Qualification—extreme circumstances forcing departure from home..........................................262 Qualification—remaining in home after removal of family member due to domestic or family violence..............................................................263 Qualification—humanitarian entrant to Australia ...........................................................................264 Qualification—national health emergency ........264 Crisis payment not payable in addition to disaster relief payment ....................................................265 Crisis payment not payable if assurance of support in force ...............................................................265 Person not qualified for crisis payment if qualified for crisis payment under ABSTUDY scheme....265 Division 4—Amount of crisis payment 267 Amount of payment ...........................................267 1061JU Social Security Act 1991 xv Future compilation prepared on 8 June 2021 OFFICIAL:
 Sensitive // Legal Privilege Part 2.23B—Disaster Recovery Allowance 269 Division 1—Qualification for Disaster Recovery Allowance 1061KA 1061KB 269 Qualification for Disaster Recovery Allowance269 Disaster Recovery Allowance not payable if assurance of support in force .............................271 Division 2—Rate of Disaster Recovery Allowance 272 Rate of Disaster Recovery Allowance ...............272 1061KC Division 3—Other matters 1061KD 1061KE Period that Disaster Recovery Allowance is payable ...............................................................273 Non-receipt of social security payment .............273 273 Part 2.24—Australian Government Disaster Recovery Payment 274 Division 1—Qualification for Australian Government Disaster Recovery Payment 274 Qualification for Australian Government Disaster Recovery Payment .............................................274 Meaning of adversely affected...........................275 Division 2—Amount of Australian Government Disaster Recovery Payment 1061K 1061L 1061M 1061N 1061P 1061PAAA 1061PAAB 1061PAAC 1061PAAD 1061PAAE 276 Amount of payment for disasters in Australia ...276 Amount of payment for disasters outside Australia ...........................................................................277 Determinations of rates......................................277 279 Recoverable payments .......................................279 Recoverable death payments .............................279 Reports about
 recoverable payments and recoverable death payments...............................280 Review of decisions ...........................................283 Department official ............................................283 Division 3—Recoverable payments etc.
xvi Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 2.24AA—Australian Victim of Terrorism Overseas Payment Division 1—Qualification for Australian Victim of Terrorism Overseas Payment 284 284 1061PAA 1061PAB Qualification for Australian Victim of Terrorism Overseas Payment..............................................284 Whether a person can be qualified for more than one AVTOP in relation to the same terrorist act ...........................................................................285 Division 2—Payability of Australian Victim of Terrorism Overseas Payment to secondary victims 287 1061PAC When AVTOP for secondary victims is not payable ...............................................................287 Payment Division 3—Amount of Australian Victim of Terrorism Overseas 288 Amount of AVTOP for a primary victim ..........288 Amount of AVTOP for a secondary victim.......288 AVTOP Principles .............................................289 1061PAD 1061PAE 1061PAF Division 4—Other 1061PAG 1061PAH 291 Consultation on the AVTOP Principles.............291 AVTOP is not compensation or damages..........291 Part 2.24A—Pensioner education supplement 292 Division 1—Qualification for pensioner education supplement292 Subdivision A—The basic rules 292 1061PA Qualification for pensioner education supplement ...........................................................................292 Subdivision B—Undertaking qualifying study 1061PB 1061PC 1061PD 1061PE
 1061PF 1061PG 1061PH 1061PI 292 Undertaking qualifying study ............................292 Approved course of education or study .............295 Full-time students ..............................................295 Concessional study-load students ......................296 Normal amount of full-time study .....................299 First fortnight of classes.....................................299 Progress rules—secondary students...................300 Progress rules—tertiary students
 .......................301 Social Security Act 1991 xvii Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Subdivision C—Payments attracting pensioner education supplement 306 1061PJ Payments attracting pensioner education supplement .........................................................306 Subdivision D—Pensioner education supplement age 1061PK 1061PL 1061PM 1061PN 311 Pensioner education supplement age .................311 When a person is regarded as independent........312 314 Residency requirements.....................................314 Absence of persons overseas .............................314 Subdivision E—Residency Division 2—Situations in which pensioner education supplement 316 is not payable Subdivision C—Newly arrived resident’s waiting period 316 1061PT 1061PU 1061PV Pensioner education supplement not payable during newly arrived resident’s waiting period .316 Newly arrived resident’s waiting period............316 Length of newly arrived resident’s waiting period ...........................................................................317 Subdivision D—Multiple entitlement exclusion 318 Meaning of multiple entitlement exclusion .......318 Multiple entitlement exclusion ..........................318 1061PW 1061PX Division 5—Rate of pensioner education supplement 319 Rate of pensioner education supplement ...........319 1061PZG Part 2.25—Telephone allowance 321 Division 1—Qualification for and payability of telephone allowance
 1061Q 1061R 321 Qualification for telephone allowance...............321 Telephone allowance not payable in some circumstances.....................................................328 Division 2—Rate of telephone allowance 1061S 1061SA 1061SB 330 Standard rate of telephone allowance ................330 Increased rate of telephone allowance ...............332 Increased rate of telephone allowance for home internet ...............................................................334 xviii Social Security Act 1991
 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 2.25A—Utilities allowance 336 Division 1—Qualification for and payability of utilities allowance 1061T 1061TA 336 Qualification for utilities allowance ..................336 When utilities allowance is payable...................336 Division 2—Rate of utilities allowance 338 Rate of utilities allowance..................................338 1061TB Part 2.25B—Energy supplement 339 Division 1—Qualification and payability 339 Qualification for energy supplement .................339 When energy supplement is payable .................341 Division 2—Rate of energy supplement 343 Rate of energy supplement ................................343 Part 2.25C—Quarterly pension supplement 344 When this Part applies .......................................344 Quarterly pension supplement ...........................344 Rate of quarterly pension supplement ...............345 Part 2.26—Fares allowance 346 Division 1—Qualification for fares allowance Division 3—Amount of fares allowance 346 Qualification for fares allowance.......................346 Journey by person who is not an external student ...........................................................................348 Journey by person who is an external student ...348 350 Fares allowance for public transport..................350 Fares allowance for private transport.................350 1061U 1061UA 1061UB 1061V 1061VA 1061VB 1061ZAAA 1061ZAAB 1061ZAAC 1061ZAAJ
 1061ZAAK Part 2.27—Northern Territory CDEP transition payment Division 1—Qualification for and payability of Northern Territory CDEP transition payment Subdivision A—Qualification for Northern Territory CDEP transition payment 353 353 353 1061ZAAL 1061ZAAM Qualification for Northern Territory CDEP transition payment..............................................353 Northern Territory CDEP transition day ...........354 Social Security Act 1991 xix Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive
 // Legal Privilege payment 1061ZAAO 1061ZAAN Subdivision B—Payability of Northern Territory CDEP transition 354 Northern Territory CDEP transition payment only payable if certain claim criteria met ..................354 Northern Territory CDEP transition payment not payable while CDEP Scheme payments being received..............................................................355 Northern Territory CDEP transition payment not payable if rate too low .......................................355 Northern Territory CDEP transition payment not payable if compliance penalty period applies....355 Northern Territory CDEP transition payment not payable from 1 July 2008...................................356 1061ZAAQ 1061ZAAR 1061ZAAP Division 2—Rate of Northern Territory CDEP transition payment 1061ZAAS 1061ZAAT 1061ZAAU 1061ZAAV 357 Rate of Northern Territory CDEP transition payment..............................................................357 Pre-transition fortnightly income.......................357 Post-transition fortnightly income .....................358 Maximum rate of Northern Territory CDEP transition payment..............................................359 Division 3—Miscellaneous 1061ZAAW 360 Northern Territory CDEP transition payment rules ...........................................................................360 Chapter 2A—Benefits and concessions other than payments Part 2A.1—Concession cards 361 361 card 1061ZA 1061ZC Division 1—Qualification for, and
 issue of, pensioner concession 361 General qualification rules.................................361 Extended qualification rule: long-term recipient of social security benefits.......................................364 Extended qualification rule: former recipient of disability support pension ..................................367 Extended qualification rule: former recipient of pension PP (single) ............................................369 Further extended qualification rule: loss of payment because of
 employment income..........370 1061ZDA 1061ZEA 1061ZD xx Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 1061ZEB 1061ZEC 1061ZF Extended qualification rule: persons with a partial capacity to work.................................................373 Effect of compliance penalty periods ................374 Issue of pensioner concession card....................375 Division 2—Qualification for seniors health card 1061ZG 1061ZH 1061ZI 1061ZJ 1061ZJA 1061ZJB 376 Qualification rules..............................................376 Newly arrived resident’s waiting period............377 Duration of newly arrived resident’s waiting period .................................................................378 Giving of copy of assessment of taxable income to Secretary ............................................................378 Modifications if person’s rate of social security pension is nil on 1 January 2017........................378 Other modifications because of Veterans’ Entitlements Act ................................................379 Division 3—Qualification for health care card 380 1061ZK 1061ZM Subdivision A—Qualification for automatic issue health care card 380 Qualification: general rules................................380 Qualification for health care card: employment-affected person..............................382 Further extended qualification rule: loss of payment because of employment
 income..........385 Residence requirement.......................................386 Effect of compliance penalty periods ................387 1061ZN 1061ZNA 1061ZMA Subdivision B—Qualification for health care card in other 1061ZO 1061ZP 1061ZQ 1061ZR circumstances 388 Qualification ......................................................388 Person subject to newly arrived resident’s waiting period .................................................................390 Newly arrived resident’s waiting period............390
 Duration of newly arrived resident’s waiting period .................................................................391 Subdivision C—Miscellaneous provisions relating to health care cards 1061ZS 1061ZT 392 Issue of health care cards ...................................392 Certain dependants not qualified for health care card.....................................................................392 Social Security Act 1991 xxi Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege overseas absences Division 4—Non-cancellation of concession cards for temporary 393 Persons to whom Division applies.....................393 Non-cancellation of concession cards for temporary overseas absences .............................393 Extension cards ..................................................394 1061ZUA 1061ZUB 1061ZUC Chapter 2AA—Student start-up loans 396 Part 2AA.1—Introduction 1061ZVAA 396 Simplified outline of this Chapter......................396 loan Part 2AA.2—Qualification for and amount of student start-up 397 Simplified outline of this Part............................397 Qualification for student start-up loan ...............397 Circumstances in which person is not qualified for student start-up loan...........................................399 Amount of student start-up loan ........................400 1061ZVBA 1061ZVBB 1061ZVBC 1061ZVBD Part 2AA.3—Indebtedness Division 1—Introduction 1061ZVCA 401 Simplified outline of this
 Part............................401 401 Division 2—Incurring SSL debts Division 3—Working out accumulated SSL debts 1061ZVDA 1061ZVDB 1061ZVDC 1061ZVEA 1061ZVEB 1061ZVEC 1061ZVED 1061ZVEE 1061ZVEF 402 SSL debts ...........................................................402 SSL debt discharged by death............................403 Notice to Commissioner ....................................403 404 Simplified outline of this Division.....................404 Stage 1—working out a former accumulated SSL
 debt.....................................................................404 Stage 2—working out an accumulated SSL debt ...........................................................................406 Rounding of amounts.........................................407 Accumulated SSL debt discharges earlier debts407 Accumulated SSL debt discharged by death .....407 Part 2AA.4—Discharge of indebtedness 408 Division 1—Introduction 1061ZVFA 408 Simplified outline of this Part............................408 xxii Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 1061ZVFB Debts under this Chapter....................................408 Division 2—Voluntary discharge of indebtedness Division 3—Compulsory discharge of indebtedness 411 Subdivision A—Liability to repay amounts Subdivision B—Assessments 1061ZVGA 1061ZVGB 1061ZVGC 1061ZVHA 1061ZVHB 1061ZVHC 1061ZVHD 1061ZVHE 1061ZVHF 1061ZVJA 1061ZVJB 1061ZVJC 1061ZVJD 1061ZVJE 1061ZVJF 1061ZVJG 1061ZVJH 1061ZVJJ 1061ZVJK 1061ZVJL 409 Voluntary SSL repayments in respect of debts..409 Application of voluntary SSL repayments.........409 Refunding of payments......................................409 411 Liability to repay amounts .................................411 Repayable SSL debt for an income year............412 413 Commissioner may make assessments ..............413 Notification of notices of assessment of tax ......413 Commissioner may defer making assessments..413
 Commissioner may amend assessments ............414 416 Simplified outline of this Part............................416 Verification of tax file numbers.........................416 When person with tax file number incorrectly notifies number ..................................................416 When person without tax file number incorrectly notifies number ..................................................417 When tax file numbers are altered .....................417 When tax file numbers are
 cancelled.................418 Returns, assessments, collection and recovery ..418 Charges and civil penalties for failing to meet obligations..........................................................418 Pay as you go (PAYG) withholding ..................419 Pay as you go (PAYG) instalments ...................419 Administration of this Chapter ..........................419 Part 2AA.5—Tax administration matters Chapter 2B—Student Financial Supplement Scheme Part 2B.1—Establishment of scheme 420 420 Division 1—Preliminary 1061ZW 1061ZX 420 Object of this Chapter ........................................420 Outline of the scheme ........................................420 Social Security Act 1991 xxiii Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Division 2—Eligibility to obtain financial supplement 1061ZY 1061ZZ 1061ZZA 1061ZZAA 1061ZZAB 422 Eligibility to obtain financial supplement..........422 Category 1 student .............................................422 Category 2 student .............................................423 Failure by person to comply with request to provide person’s tax file number .......................424 Failure by person to comply with request to provide the tax file number of a parent of the person.................................................................425 Division 3—Decision and notice about eligibility to obtain financial supplement 1061ZZAC 1061ZZAD 1061ZZAE 427 Secretary’s decision
 ...........................................427 Revocation or variation of decision after review ...........................................................................428 Transitional ........................................................428 Division 4—Agreements between Commonwealth and financial 430 Applications for financial supplement...............430 Agreements ........................................................430 1061ZZAF 1061ZZAG corporations Division 5—Application for financial supplement 1061ZZAH 1061ZZAI
 1061ZZAJ 432 When to apply....................................................432 How to apply......................................................432 Changing an application ....................................432 Division 6—Amount of financial supplement 433 Subdivision A—Category 1 students 433 Maximum amount of financial supplement .......433 1061ZZAK Subdivision B—Category 2 students 1061ZZAL 1061ZZAM 1061ZZAN 1061ZZAO 435 Change in eligibility period ...............................435 Eligibility period (short course).........................435 Eligibility period (no short course)....................436 Maximum amount of financial supplement .......437 Subdivision C—Provisions applying to both category 1 students and category 2 students 438 Minimum amount of financial supplement........438 Person doing more than one course ...................438 1061ZZAP 1061ZZAQ xxiv Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Division 7—Trading in youth allowance, austudy payment or pensioner education supplement for financial supplement 439 Purpose of Division ...........................................439 Reduction of youth allowance, austudy payment or pensioner education supplement for financial supplement .........................................................439 1061ZZAR 1061ZZAS Division 8—Obtaining or increasing financial supplement by trading back youth allowance, austudy payment or pensioner education
 supplement 440 Subdivision A—Purpose of Division 440 Purpose of Division ...........................................440 1061ZZAT Subdivision B—When a person may repay youth allowance, austudy payment or pensioner education supplement to obtain or increase financial supplement 440 1061ZZAU 1061ZZAV Election to repay youth allowance, austudy payment or pensioner education supplement.....440 Timing of repayment .........................................441 Subdivision C—Repayment 1061ZZAW 442 Effect of
 repayment ...........................................442 Division 9—Financial supplement contracts Subdivision A—Making a contract for payment of financial supplement 443 443 1061ZZAX 1061ZZAY 1061ZZAZ 1061ZZBA Making a contract between person and participating corporation....................................443 Existing contracts...............................................444 Liability for money paid under a financial supplement contract ...........................................444 Validity of financial supplement contract..........444 Subdivision B—When a financial supplement contract can be cancelled 445 1061ZZBB 1061ZZBC 1061ZZBD 1061ZZBE 1061ZZBF Person has right to cancel financial supplement contract...............................................................445 How to cancel financial supplement contract ....445 When to cancel financial supplement contract ..445 Payments made during cooling off period.........445 Person may waive right to cancel contract ........446 Social Security Act 1991 xxv Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 1061ZZBG 1061ZZBH How to waive right to cancel contract ...............446 When to waive right to cancel contract .............446 Subdivision C—Financial supplement contract exempt from 1061ZZBI certain laws and taxes 446 Financial supplement contract exempt from certain laws and taxes ....................................................446 Division 10—Payment of financial
 supplement 1061ZZBJ 1061ZZBK 1061ZZBL 1061ZZBM 448 Payment by instalments .....................................448 Rounding off ......................................................448 To whom instalments must be paid ...................448 Payment into bank account ................................449 Division 11—Protection of financial supplement 450 1061ZZBN 1061ZZBO Financial supplement to be absolutely inalienable ...........................................................................450 Effect of
Effect of garnishee or attachment order.............450 Division 12—Obligations of category 2 students Subdivision A—Statements about tax file numbers 451 451 1061ZZBP 1061ZZBQ Secretary may request person obtaining financial supplement to give statement of person’s tax file number ...............................................................451 Secretary may request person obtaining financial supplement to give statement of parent’s tax file number ...............................................................451 Subdivision B—Notice of events or changes in circumstances 452 1061ZZBR 1061ZZBS 1061ZZBT 1061ZZBU 1061ZZBV 1061ZZBW 1061ZZBX Secretary may give notice requiring information ...........................................................................452 Event or change relevant to payment.................453 Formalities related to notice ..............................453 Validity of notice ...............................................453 Period within which information to be given ....453 Refusal or failure to comply with notice ...........454 Application overseas..........................................455 Subdivision C—Notice about a matter relevant to payment of financial supplement 455 1061ZZBY 1061ZZBZ 1061ZZCA Secretary may give notice requiring statement on matter .................................................................455 Formalities related to notice ..............................455 Validity of notice ...............................................456 xxvi Social Security Act
 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 1061ZZCB 1061ZZCC 1061ZZCD 1061ZZCE Period within which statement to be given........456 Statement must be in approved form .................456 Refusal or failure to comply with notice ...........456 Application overseas..........................................457 Division 13—Early repayments of financial supplement Subdivision A—Calculation and notification of amount 458 outstanding under financial supplement contract
 1061ZZCF 1061ZZCG 1061ZZCH 1061ZZCI 458 Application of Subdivision ................................458 Calculation of amount outstanding under financial supplement contract before 1 June in the year after the year in which the contract was made ...........458 Calculation of amount outstanding under financial supplement contract at a later time ....................458 Notification of amount outstanding ...................460 Subdivision B—Person’s rights to make repayments during contract period 1061ZZCJ 1061ZZCK 1061ZZCL 1061ZZCM 1061ZZCN 1061ZZCO 461 Person not required to, but may, make repayments during contract period........................................461 What happens if person makes an excess repayment...........................................................461 Amount repaid not to include certain amounts..461 How to work out discount..................................462 Effect of making a repayment during contract period .................................................................462 Rights and liabilities of participating corporation if repayment made.................................................465 Subdivision C—What happens at the end of the contract period 1061ZZCP 1061ZZCQ 1061ZZCR 1061ZZCS 1061ZZCT 465 Corporation’s rights at end of contract period ...465 Termination notice.............................................465 Secretary may give notice correcting information in previous notice...............................................466
Person may request notice to be corrected.........466 Effect of notices and requests ............................467 Part 2B.2—Payments of financial supplement under scheme to 468 stop in certain circumstances Division 1—Payments to stop at request of recipient 468 Person may ask for payment to stop ..................468 1061ZZCU Social Security Act 1991 xxvii Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 1061ZZCV Effect of
 notice...................................................468 Division 2—Payments to stop if the maximum amount of financial supplement is reduced to the amount already paid or a lesser amount Subdivision A—Notice that payments are to stop 469 469 1061ZZCW 1061ZZCX 1061ZZCY Secretary must give notice to person and corporation .........................................................469 Effect of notice...................................................470 This Subdivision is subject to sections 1061ZZFS and 1061ZZFT ...................................................470 Subdivision B—Original amount paid because person failed to notify change of circumstances 470 1061ZZCZ 1061ZZDA 1061ZZDB 1061ZZDC 1061ZZDD 1061ZZDE 1061ZZDF Secretary may give notice to person and corporation .........................................................470 Effect of notice...................................................472 Transfer of corporation’s rights to Commonwealth ...........................................................................472 Apportionment of financial supplement ............473 Liability of Commonwealth to corporation .......473 Liability of person to Commonwealth ...............473 This Subdivision not to affect Subdivision A....474 Subdivision C—Original amount paid because of false or misleading information 474 1061ZZDG 1061ZZDH 1061ZZDI 1061ZZDJ 1061ZZDK 1061ZZDL 1061ZZDM Secretary may give notice to person and corporation
 .........................................................474 Effect of notice...................................................475 Transfer of corporation’s rights to Commonwealth ...........................................................................475 Apportionment of financial supplement ............475 Liability of Commonwealth to corporation .......476 Liability of person to Commonwealth ...............476 This Subdivision not to affect Subdivision A....476 Division 3—Payments to stop if person ceases to be eligible to obtain
 financial supplement Subdivision A—Notice that payments are to stop 477 477 1061ZZDN 1061ZZDO Secretary must give notice to person and corporation .........................................................477 Effect of notice...................................................477 xxviii Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 1061ZZDP This Subdivision is subject to sections 1061ZZFS and 1061ZZFT ...................................................478 Subdivision B—Financial supplement paid because person failed to notify change of circumstances 478 1061ZZDQ 1061ZZDR 1061ZZDS 1061ZZDT 1061ZZDU 1061ZZDV 1061ZZDW Secretary may give notice to person and corporation .........................................................478 Effect of notice...................................................479 Transfer of corporation’s rights to Commonwealth ...........................................................................480 Apportionment of financial supplement ............480 Liability of Commonwealth to corporation .......481 Liability of person to Commonwealth ...............481 This Subdivision not to affect Subdivision A....481 Division 4—Payments to stop if person is found never to have been eligible to obtain financial supplement Subdivision A—Notice that payments are to stop 482 482 1061ZZDX 1061ZZDY 1061ZZDZ Secretary must give notice to person and corporation
 .........................................................482 Effect of notice...................................................482 This Subdivision is subject to sections 1061ZZFS and 1061ZZFT ...................................................483 Subdivision B—Financial supplement paid because of false or misleading information 483 1061ZZEA 1061ZZEB 1061ZZEC 1061ZZED 1061ZZEE 1061ZZEF 1061ZZEG Secretary may give notice to person and corporation .........................................................483 Effect of
Effect of notice...................................................483 Transfer of corporation’s rights to Commonwealth ...........................................................................484 Liability of Commonwealth to corporation .......484 Liability of person..............................................484 Definitions .........................................................485 This Subdivision not to affect Subdivision A....485 Division 5—Payments to stop if person dies 486 1061ZZEH 1061ZZEI 1061ZZEJ 1061ZZEK Secretary may give notice to corporation if other party to contract dies..........................................486 Effect of notice...................................................486 Discharge of corporation’s liability ...................486 Transfer of corporation’s rights to Commonwealth ...........................................................................486 Social Security Act 1991 xxix Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 1061ZZEL 1061ZZEM Liability of Commonwealth to corporation .......487 Discharge of person’s liability...........................487 Part 2B.3—Repayment of financial supplement through taxation system after termination date 488 Division 1—Purpose and application of Part Division 2—FS debt and accumulated FS debt 1061ZZEN 1061ZZENA 1061ZZEO 1061ZZEP 1061ZZEQ 1061ZZER 1061ZZES 1061ZZET 1061ZZEU 488 Purpose and application of Part .........................488 Extent of Commissioner of Taxation’s general administration
 of this Part..................................488 489 FS debt owed by person.....................................489 How to work out FS debt...................................489 Accumulated FS debt incurred by person..........489 How to work out accumulated FS debt..............490 Adjusted accumulated FS debt ..........................490 Indexation factor ................................................492 Accumulated FS debt discharges earlier debts ..493 Division 3—Information to be given to
 Commissioner of Taxation 1061ZZEV 1061ZZEW 1061ZZEX 494 Secretary to give notice to Commissioner of Taxation .............................................................494 Secretary to give further notice to Commissioner of Taxation.........................................................494 Secretary to give certificate to Commissioner of Taxation .............................................................495 Division 4—Voluntary repayments of FS debts 1061ZZEY 1061ZZEYA 496 Voluntary repayments of FS debts.....................496 Refunding of payments......................................496 Division 5—Compulsory repayments in respect of accumulated FS debt 1061ZZEZ 1061ZZFA 1061ZZFB 1061ZZFC 1061ZZFD 497 Compulsory payments in respect of accumulated FS debt ...............................................................497 Repayment income ............................................497 Minimum repayment income.............................498 Repayable debt for an income year....................498 Amounts payable to the Commonwealth...........499 Division 6—Application of tax legislation 501 Application of tax legislation.............................501 1061ZZFG xxx Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege 1061ZZFGA 1061ZZFGB 1061ZZFGD Charges and administrative penalties for failing to meet obligations.................................................501 Pay as you go (PAYG) withholding
 ..................501 Pay as you go (PAYG) instalments ...................502 Division 7—Assessments 503 1061ZZFH 1061ZZFI Commissioner of Taxation may make assessment ...........................................................................503 Notice of assessment may be served..................503 Division 8—Commissioner of Taxation may delay assessment 504 1061ZZFJ 1061ZZFK 1061ZZFL Commissioner of Taxation may delay assessment
 ...........................................................................504 Commissioner of Taxation may amend assessment ...........................................................................504 When Commissioner of Taxation must make decision to delay or amend assessment..............505 Division 9—Review of Commissioner of Taxation’s decision 506 1061ZZFM Application to Administrative Appeals Tribunal ...........................................................................506 Division 10—Treatment of payments under financial supplement scheme 1061ZZFN 1061ZZFO 1061ZZFP 507 Payments not subject to taxation .......................507 Application of payments....................................507 Debt discharged by death...................................507 Part 2B.4—Miscellaneous 508 Division 1—Application of the Bankruptcy Act 1966 1061ZZFQ 1061ZZFR 508 Application of Division .....................................508 Treatment of debt...............................................508 Division 2—Review of decisions 1061ZZFS 510 What happens if a decision of the Secretary is set aside ...................................................................510 What happens if a decision of the Secretary is varied .................................................................510 511 Notices of transfer..............................................511 Transfers not subject to State or Territory taxes511 1061ZZFT 1061ZZFU 1061ZZFV Division 3—Transfer of rights under this Chapter Social Security Act 1991 xxxi Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2C—Assurances of support 512 Part 2C.1—Giving assurances 1061ZZGA 1061ZZGB 1061ZZGC 512 What is an assurance of support?.......................512 Who may give an assurance of support?
...........512 How to give an assurance of support .................513 Part 2C.2—Acceptance of assurances 1061ZZGD 1061ZZGE 515 Accepting or rejecting an assurance of support .515 Notices relating to an assurance of support .......516 Part 2C.3—Effect of accepted assurances 518 1061ZZGEA 1061ZZGF 1061ZZGG Assurance cannot be withdrawn once visa issued ...........................................................................518 When an accepted assurance is in force.............518 Liability to pay for social security payments.....519 Part 2C.4—Determinations 1061ZZGH 520 Determinations...................................................520 Part 2C.5—Assurances by unincorporated bodies 522 1061ZZGI Application of social security law to unincorporated bodies........................................522 Chapter 3—General provisions relating to payability 524 and rates Part 3.1—Rate Calculators (General) 1062 1063 524 Steps in rate calculation .....................................524 Standard categories of family situations............524 Part 3.2—Pension Rate Calculator A 525 1064 Rate of age and disability support pensions and carer payment (people who are not blind) .........525 xxxii Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pension Rate Calculator A Module A—Overall rate calculation process Module B—Maximum basic rate Module BA—Pension supplement Module C—Energy supplement Module E—Ordinary income test Module F—Ordinary income for the purposes of
 disability support pension Module G—Assets test Module H—Remote area allowance Part 3.3—Pension Rate Calculator B 528 528 530 531 532 533 536 541 544 548 1065 Rate of age and disability support pension (blind people) ...............................................................548 Pension Rate Calculator B Module A—Overall rate calculation process Module B—Maximum basic rate Module BA—Pension supplement Module C—Energy supplement Module E—Remote area allowance Part 3.4A—Pension Rate Calculator D 550 550
 552 552 554 555 558 1066A Rate of disability support pension (people under 21 who are not blind) .........................................558 Social Security Act 1991 xxxiii Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pension Rate Calculator D Module A—Overall rate calculation process Module B—Maximum basic rate Module BA—Energy supplement Module C—Youth disability supplement Module D—Pharmaceutical allowance Module F—Ordinary income test Module G—Payments taken to be ordinary income Module H—Assets test Module I—Remote area allowance Part 3.4B—Pension Rate Calculator E 559 559 561 564 564 565 568 571 576 579 582 1066B Rate of disability support pension (people under 21 who are blind) ...............................................582 Pension Rate Calculator E Module A—Overall rate calculation process Module B—Maximum basic rate Module BA—Energy supplement Module C—Youth disability supplement Module D—Pharmaceutical allowance Module F—Remote area allowance 583 583 584 587 588 588 591 Part 3.5—Youth Allowance Rate Calculator 1067 1067A 1067B 1067C 1067D 1067E 1067F 1067G 594 Definitions .........................................................594 When a person is regarded as independent........595 Accommodated independent person..................604 Member of a YA couple ....................................605 Person required to live away from home ...........608 Person living at home ........................................609
 Long term income support student ....................609 Rate of youth allowance ....................................610 xxxiv Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Youth Allowance Rate Calculator Module A—Overall rate calculation process Module B—Maximum basic rate Module BA—Energy supplement Module C—Pharmaceutical allowance Module D—Youth disability supplement Module E—Person’s reduction for parental income Module F—Parental income test
 Submodule 1—Parental income test result Submodule 2—Exemption from parental income test Submodule 3—Appropriate tax year Submodule 4—Combined parental income Submodule 5—Parental income free area Submodule 6—If person’s combined parental income exceeds parental income free area Module GA—Maintenance income test Submodule 1—Maintenance income test result Submodule 2—Exemption from maintenance income test Submodule 3—Annualised amount of maintenance income for parent of a person Submodule 4—Maintenance income free area Module H—Income test Module J—Student income bank Module K—Remote area allowance Module L—Table of pensions, benefits, allowances and compensation 611 611 613 618 621 623 624 625 625 626 627 629 632 633 636 636 637 637 638 639 654 661 664 Part 3.5A—Austudy Payment Rate Calculator 1067H 1067J 1067K 1067L 666 Definitions .........................................................666 Person living at home ........................................666 Long term income support student ....................666 Rate of austudy payment....................................667 Social Security Act 1991 xxxv Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Austudy Payment Rate Calculator Module A—Overall rate calculation process Module B—Maximum basic rate Module BA—Pension supplement Module BB—Energy supplement Module C—Pharmaceutical allowance Module D—Income test Module E—Student income bank Module F—Remote area allowance 668 668
 669 671 672 674 676 687 692 xxxvi Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Education entry payment Part 2.13A Recipients of pension PP (single) Division 1 Section 665A Chapter 2—Pensions, benefits and allowances Part 2.13A—Education entry payment Division 1—Recipients of pension PP (single) 665A Payment to recipient of pension PP (single) A person is qualified for an education entry payment under
 this section if: (a) the person is receiving a pension PP (single); and (b) a pensioner education supplement is payable to the person; and Note: Pensioner education supplement is payable to a person even if a person’s whole payment has been traded in, or traded back, under the Student Financial Supplement Scheme established under Chapter 2B.
(c) the person has not received a payment under this Part for which he or she made a claim in the current calendar year.

665B Amount of section 665A payment The amount of an education entry payment under section 665A is $208.

665C Need for claim A person is not qualified for an education entry payment under section 665A unless the person has made a claim for the payment.
Social Security Act 1991 1 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.13A Education entry payment Division 2 Recipients of disability support pension Section 665E Division 2—Recipients of disability support pension 665E Payment to a disability support pensioner A person is qualified for an education entry payment under this section if: (a) the person is receiving a disability support pension; and (b) a pensioner education supplement is payable to the person; and Note: Pensioner education supplement is payable to a person even if a person’s whole payment has been traded in, or traded back, under the Student Financial Supplement Scheme established under Chapter 2B.
(d) the person has not received a payment under this Part for which he or she made a claim in the current calendar year.

665F Amount of section 665E payment The amount of an education entry payment under section 665E is $208.

665G Need for claim A person is not qualified for an education entry payment under section 665E unless the person has made a claim for the payment.
2 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Education entry payment Part 2.13A Special benefit recipients Division 4 Section 665M Division 4—Special benefit recipients 665M Payment to a special benefit recipient A person is qualified for an education entry payment under this section if: (a) the person would be qualified for a pension PP (single) apart from paragraphs 500(1)(b) and (d) (Australian residency requirements); and (b) the person is receiving special benefit; and (c) a pensioner education supplement is payable to the person; and Note: Pensioner education supplement is payable to a person even if a person’s whole payment has been traded in, or traded back, under the Student Financial Supplement Scheme established under Chapter 2B.
(e) the person has not received a payment under this Part for which he or she made a claim in the current calendar year.

665N Amount of section 665M payment The amount of an education entry payment under section 665M is $208.

665P Need for claim A person is not qualified for an education entry payment under section 665M unless the person has made a claim for the payment.
Social Security Act 1991 3 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.13A Education entry payment Division 6 Jobseeker payment recipients Section 665U Division 6—Jobseeker payment recipients 665U Payment to recipient (1) A person is qualified for an education entry payment under this section if: (a) either: (i) the Secretary is satisfied that the person intends to enrol in a full-time course of education that is an approved course under the ABSTUDY scheme or an approved course of education or study for the purposes of paragraph 541B(1)(c) or 569A(b); or (ii) the person is enrolled in such a course; and (b) immediately before starting the course of education: (i) the person is receiving a jobseeker payment; and (ii) the person had been receiving income support payments in respect of a continuous period of at least 12 months (whether or not the kind of payment received has changed over the period and whether the period or any part of it occurred before or after the commencement of this section); and Note 1: For income support payment see subsection 23(1).
Note 2: For the determination of whether a person received income support payments in respect of a continuous period of at least 12 months see section 38B.
(c) the person: (i) ceases to be qualified for jobseeker payment because the person takes part in the course of education; or (ii) is not qualified for youth allowance as a full-time student, austudy payment or payments under the ABSTUDY scheme because the person takes part in the course to satisfy the activity test under section 601 or to comply with a requirement in a Jobseeker Employment Pathway Planto comply with a requirement in an employment pathway plan; and 4 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Education entry payment Part 2.13A Jobseeker payment recipients Division 6 Section 665V (d) the person has not, within the last 12 months, received a payment under this Part.
(2) A person is also taken to be qualified for an education entry payment under this section if: (a) immediately before 20 September 1996, the person: (i) was qualified for an education entry payment under section 665Q of this Act, or under this section, as in force immediately before that date; or (ii) would have been so qualified if the person had, before that date, duly made a claim for the payment; and (b) the person has not received the payment.
Reduction of qualification period during designated period (3) Subsection (1) has effect during the designated period as if the reference in subparagraph (b)(ii) to 12 months were a reference to 4 weeks.

(4) For the purposes of subsection (3), the designated period is the period beginning on 1 January 2009 and ending at the end of: (a) 30 June 2010; or (b) if a later date is determined by the Minister by legislative instrument—that later date.
665V Amount of section 665U payment The amount of an education entry payment under section 665U is $208.

665W Need for claim A person is not qualified for an education entry payment under section 665U unless the person has made a claim for the payment.
Social Security Act 1991 5 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.13A Education entry payment Division 8 Widow allowance recipients Section 665ZC Division 8—Widow allowance recipients 665ZC Payment to a widow allowance recipient (1) A woman is qualified for an education entry payment under this section if: (a) either: (i) the Secretary is satisfied that she intends to enrol in a full-time or part-time course of education that is an approved course under the ABSTUDY scheme; or (ii) she is enrolled in such a course; and (b) immediately before she commences the course of education, she: (i) is receiving widow allowance; and (ii) is a long-term social security recipient; and (c) she has not, within the last 12 months, received a payment under this Part.
Note 1: For long-term social security recipient see subsection 23(1).

Note 2: Transitional provisions apply to this section for 9 months after 1 January 1995 (see section 11 of the Social Security (Parenting Allowance and Other Measures) Legislation Amendment Act 1994).
Reduction of qualification period during designated period (2) Subsection (1) has effect during the designated period as if it were modified as follows: (a) by omitting subparagraph (b)(ii) and substituting the following subparagraph: (ii) had been receiving income support payments in respect of a continuous period of at least 4 weeks (whether or not the kind of payment received has changed over the period and whether the period or any part of it occurred before or after 1 January 2009); and (b) by omitting Note 1 and substituting the following notes: Note 1: For income support payment see subsection 23(1).
6 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Education entry payment Part 2.13A Widow allowance recipients Division 8 Section 665ZD Note 1A: For the determination of whether a person received income support payments in respect of a continuous period of at least 4 weeks see section 38B.
(3) For the purposes of subsection (2), the designated period is the period beginning on 1 January 2009 and ending at the end of: (a) 30 June 2010; or (b) if a later date is determined by the Minister by legislative instrument—that later date.

665ZD Amount of section 665ZC payment The amount of an education entry payment under section 665ZC is $208.

665ZE Need for claim A person is not qualified for an education entry payment under section 665ZC unless the person has made a claim for the payment.
Social Security Act 1991 7 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.13A Education entry payment Division 8A Carer payment recipients Section 665ZFA Division 8A—Carer payment recipients 665ZFA Payment to a carer payment recipient A person is qualified for an education entry payment under this section if: (a) the person is receiving a carer payment; and (b) a pensioner education supplement is payable to the person; and Note: Pensioner education supplement is payable to a person even if a person’s whole payment has been traded in, or traded back, under the Student Financial Supplement Scheme established under Chapter 2B.
(d) the person has not received a payment under this Part for which he or she made a claim in the current calendar year.

665ZFB Amount of section 665ZFA payment The amount of an education entry payment under section 665ZFA is $208.

665ZFC Need for claim A person is not qualified for an education entry payment under section 665ZFA unless the person has made a claim for the payment.
8 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Education entry payment Part 2.13A Partner allowance recipients Division 11 Section 665ZQ Division 11—Partner allowance recipients 665ZQ Payment to a partner allowance recipient (1) A person is qualified for an education entry payment under this section if: (a) either: (i) the Secretary is satisfied that the person intends to enrol in a full-time course of education that is an approved course under the ABSTUDY scheme; or (ii) the person is enrolled in such a course; and (b) immediately before the person commences the course of education, the person: (i) is receiving partner allowance; and (ii) is a long-term social security recipient; and (c) the person has not, within the last 12 months, received a payment under this Part.
Note 1: For long-term social security recipient see subsection 23(1).

Note 2: Transitional provisions apply to this section for 3 months after 1 July 1995 (see section 12 of the Social Security (Parenting Allowance and Other Measures) Legislation Amendment Act 1994).
Reduction of qualification period during designated period (2) Subsection (1) has effect during the designated period as if it were modified as follows: (a) by omitting subparagraph (b)(ii) and substituting the following subparagraph: (ii) had been receiving income support payments in respect of a continuous period of at least 4 weeks (whether or not the kind of payment received has changed over the period and whether the period or any part of it occurred before or after 1 January 2009); and (b) by omitting Note 1 and substituting the following notes: Note 1: For income support payment see subsection 23(1).
Social Security Act 1991 9 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.13A Education entry payment Division 11 Partner allowance recipients Section 665ZR Note 1A: For the determination of whether a person received income support payments in respect of a continuous period of at least 4 weeks see section 38B.
(3) For the purposes of subsection (2), the designated period is the period beginning on 1 January 2009 and ending at the end of: (a) 30 June 2010; or (b) if a later date is determined by the Minister by legislative instrument—that later date.

665ZR Amount of section 665ZQ payment The amount of an education entry payment under section 665ZQ is $208.

665ZS Need for claim A person is not qualified for an education entry payment under section 665ZQ unless the person has made a claim for the payment.
10 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Education entry payment Part 2.13A Recipients of PP (partnered) Division 12 Section 665ZU Division 12—Recipients of PP (partnered) 665ZU Payment to recipient of PP (partnered) (1) A person is qualified for an education entry payment under this section if: (a) either: (i) the Secretary is satisfied that the person intends to enrol in a full-time or part-time course of education that is an approved course under the AUSTUDY scheme or ABSTUDY scheme; or (ii) the person is enrolled in such a course; and (b) immediately before the person commences the course of education, the person: (i) is receiving benefit PP (partnered); and (ii) is a long-term social security recipient; and (c) the person has not, within the last 12 months, received a payment under this Part.
Note 1: For long-term social security recipient see subsection 23(1).

Note 2: For benefit PP (partnered) see section 18.

Note 3: Transitional provisions apply to this section for 3 months after 1 July 1995 (see section 12 of the Social Security (Parenting Allowance and Other Measures) Legislation Amendment Act 1994).
Reduction of qualification period during designated period (2) Subsection (1) has effect during the designated period as if it were modified as follows: (a) by omitting subparagraph (b)(ii) and substituting the following subparagraph: (ii) had been receiving income support payments in respect of a continuous period of at least 4 weeks (whether or not the kind of payment received has changed over the period and whether the period or any part of it occurred before or after 1 January 2009); and (b) by omitting Note 1 and substituting the following notes: Social Security Act 1991 11 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.13A Education entry payment Division 12 Recipients of PP (partnered) Section 665ZV Note 1: For income support payment see subsection 23(1).
Note 1A: For the determination of whether a person received income support payments in respect of a continuous period of at least 4 weeks see section 38B.

(3) For the purposes of subsection (2), the designated period is the period beginning on 1 January 2009 and ending at the end of: (a) 30 June 2010; or (b) if a later date is determined by the Minister by legislative instrument—that later date.

665ZV Amount of section 665ZU payment The amount of an education entry payment under section 665ZU is $208.
665ZW Need for claim A person is not qualified for an education entry payment under section 665ZU unless the person has made a claim for the payment.
12 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Education entry payment Part 2.13A Recipients of youth allowance (other) Division 12A Section 665ZX Division 12A—Recipients of youth allowance (other) 665ZX Payment to recipient of youth allowance (other) (1) A person is qualified for an education entry payment under this section if: (a) either: (i) the Secretary is satisfied that the person intends to enrol in a qualifying course; or (ii) the person is enrolled in such a course; and (b) immediately before the person commences the course, the person: (i) is receiving youth allowance; and (ii) is not undertaking full-time study and is not a new apprentice; and (iii) had been receiving income support payments in respect of a continuous period of at least 4 weeks (whether or not the kind of payment received has changed over the period and whether the period or any part of it occurred before or after 1 January 2009); and (c) the person has not, within the last 12 months, received a payment under this Part.
Note 1: For undertaking full-time study see section 541B.

Note 2: For income support payment see subsection 23(1).

Note 3: For the determination of whether a person received income support payments in respect of a continuous period of at least 4 weeks see section 38B.
(2) For the purposes of subparagraph (1)(a)(i), a qualifying course, in relation to a person, is: (a) a full-time course of education that is an approved course under the ABSTUDY scheme or an approved course of education or study (within the meaning of subsection 541B(5)); or Social Security Act 1991 13 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.13A Education entry payment Division 12A Recipients of youth allowance (other) Section 665ZXA (b) a course that is provided for by a term (whether the term is required to be complied with or not) of the person’s Youth Allowance Employment Pathway Plan.
665ZXA Amount of section 665ZX payment The amount of an education entry payment under section 665ZX is $208.

665ZXB Need for claim A person is not qualified for an education entry payment under section 665ZX unless the person has made a claim for the payment.

665ZXC Cessation of Division This Division ceases to have effect at the end of: (a) 30 June 2010; or (b) if a later date is determined by the Minister by legislative instrument—that later date.
14 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Education entry payment Part 2.13A Protection of education entry payment Division 13 Section 665ZY Division 13—Protection of education entry payment 665ZY Education entry payment to be absolutely inalienable (1) Subject to subsections (2) and (3) and section 238 of the Administration Act, an education entry payment is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.
(2) The Secretary may make a deduction from an education entry payment payable to a person if the person asks the Secretary: (a) to make the deduction; and (b) to pay the amount to be deducted to the Commissioner of Taxation.

(3) The Secretary may make a deduction from a person’s education entry payment if the person consents under section 1234A to the Secretary making that deduction.
Note: Section 1234A enables the Secretary to recover a debt from a person other than the debtor if the person is receiving a social security payment.
665ZZ Effect of garnishee or attachment order (1) If: (a) a person has an account with a financial institution; and (b) a court order in the nature of a garnishee order comes into force in respect of the account; and (c) an education entry payment payable to the person (whether on the person’s own behalf or not) has been paid to the credit of the account during the 4-week period immediately before the court order came into force; the court order does not apply to the saved amount (if any) in the account.
Social Security Act 1991 15 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.13A Education entry payment Division 13 Protection of education entry payment Section 665ZZ (2) The saved amount is worked out as follows: Method statement Step 1.

Work out the amount of education entry payment paid to the credit of the account as mentioned in paragraph (1)(c).

Step 2.
Step 2.

Subtract from that amount the total amount withdrawn from the account during the 4-week period referred to in paragraph (1)(c): 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.

Note: A person affected by a garnishee order may have other saved amounts.
16 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Education entry payment Part 2.13A Education entry payment supplement Division 14 Section 665ZZA Division 14—Education entry payment supplement 665ZZA Qualification for education entry payment supplement A person is qualified for an education entry payment supplement under this section if the person: (a) is qualified for an education entry payment under this Part on or after 1 January 2009; or (b) is eligible for an education entry payment under Part VIIAA of the Veterans’ Entitlements Act 1986 on or after 1 January 2009.
665ZZB Amount of education entry payment supplement The amount of an education entry payment supplement under section 665ZZA is $950.

665ZZC Separate claim not needed A person is taken to have made a claim for an education entry payment supplement under section 665ZZA if the person has made a claim for an education entry payment as required by this Part or Part VIIAA of the Veterans’ Entitlements Act 1986.
665ZZD Education entry payment supplement taken to be part of education entry payment for purposes of social security law (1) For the purposes of the social security law, an education entry payment supplement payable to a person who is qualified for the supplement because of paragraph 665ZZA(a) is taken to be part of the education entry payment payable to the person.
(2) Subsection (1) has effect except so far as any provision in the social security law expressly provides for or in relation to education entry payment supplement.
Social Security Act 1991 17 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.13A Education entry payment Division 14 Education entry payment supplement Section 665ZZE 665ZZE Cessation of Division This Division ceases to have effect at the end of: (a) 30 June 2010; or (b) if a later date is determined by the Minister by legislative instrument—that later date.
18 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 729 Part 2.15—Special benefit Division 1—Qualification for and payability of special benefit Subdivision A—Qualification 729 Qualification for special benefit (1) A person is qualified for a special benefit for a period if the Secretary determines, in accordance with subsection (2), that a special benefit should be granted to the person for the period.
Note: Special benefit is a discretionary benefit and is available only to a person who is not able to get any other income support payment (see paragraphs (2)(a) and (b) below).
(2) The Secretary may, in his or her discretion, determine that a special benefit should be granted to a person for a period if: (a) no social security pension is payable to the person during the period; and (b) no other social security benefit is payable to the person for the period; and (bb) the person is not disqualified for a benefit PP (partnered) for the period solely because of the operation of section 500C (unemployment due to industrial action); and (bc) the person is not disqualified from parenting payment for the period solely because of a failure to meet the requirement of paragraph 500(1)(c) or (1)(ca) (participation requirements); and (bd) if the person is qualified for parenting payment but the payment is not payable because of the operation of any of the following provisions of the Administration Act: (i) subsection 42AL(1) (payment suspension periods— persons other than declared program participants); Social Security Act 1991 19 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 729 (ii) subsection 42AO(1) (unemployment preclusion periods—persons other than declared program participants); (iii) subsection 42AP(5) (post-cancellation non-payment periods—persons other than declared program participants); (iv) subsection 42P(1) (serious failures—declared program participants); (v) subsection 42S(1) (unemployment non-payment
 periods—declared program participants); and (c) the person is not disqualified for a jobseeker payment for the period because of the operation of section 596; and (d) if the person is qualified for a jobseeker payment but the payment is not payable to the person for the period—that result is not produced because of the operation of one or more of the following: (i) subsection 42AL(1) of the Administration Act (payment suspension periods—persons other than declared program participants); (ii) subsection 42AO(1)
 of that Act (unemployment preclusion periods—persons other than declared program participants); (iia) subsection 42AP(5) of that Act (post-cancellation non-payment periods—persons other than declared program participants); (iib) subsection 42P(1) of that Act (serious failures— declared program participants); (iic) subsection 42S(1) of that Act (unemployment non-payment periods—declared program participants); (iii) section 631 of this Act (person failing to comply with notification requirement); (iv) section 633 of this Act (seasonal workers); (v) section 634 of this Act (move to area of lower employment prospects); and (da) the person is not disqualified for a youth allowance for the period because of the operation of: 20 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 729 (i) section 541A (failure to satisfy the activity test); or (ii) section 544 (requirements relating to Youth Allowance Employment Pathway Plans); and (da) the person is not disqualified for a youth allowance for the period because the person fails to satisfy the employment pathway plan requirements; and (db) the person is not disqualified for an austudy payment for the period because the person fails to satisfy the activity test within the meaning of section 569; and (dc) youth allowance is not
 payable to the person for the period and that result is not because of the operation of: (i) section 550B (youth allowance participation failure); or (ia) section 551 (repeated failure); or (ii) section 553B (move to an area of lower employment prospects); or (iii) subsection 42AL(1) of the Administration Act (payment suspension periods—persons other than declared program participants); or (iv) subsection 42AO(1) of that Act (unemployment preclusion periods—persons other than declared program participants); or
 (v) subsection 42AP(5) of that Act (post-cancellation non-payment periods—persons other than declared program participants); or (vi) subsection 42P(1) of that Act (serious failures— declared program participants); or (vii) subsection 42S(1) of that Act (unemployment non-payment periods—declared program participants); or (viii) section 81 of that Act; and (dd) austudy payment is not payable to the person for the period and that result is not because of the operation of: (i) section 576A (austudy participation failure); or (ia) section 577 (repeated failure); or (ii) section 81 of the Administration Act; and Social Security Act 1991 21 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 729 (e) the Secretary is satisfied that the person is unable to earn a sufficient livelihood for the person and the person’s dependants (if any) because of age, physical or mental disability or domestic circumstances or for any other reason; and (f) the person: (i) is an Australian resident; or (v) is the holder of a visa that is in a class of visas determined by the Minister for the purposes of this subparagraph; and (g) if the person is: (i) the holder of a visa included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to which this subparagraph applies; and (ii) a person to whom subsection (2A) applies; the person meets the additional criteria set out in paragraph (2B)subsection (2B); and (h) an assurance of support does not apply to the person at any time during the period (see subsection (2C)).
Note: For Australian resident see subsection 7(2).
(2A) For the purposes of paragraph (2)(g), the holder of a visa included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to which subparagraph (2)(g)(i) applies is a person to whom that first-mentioned paragraph applies only if: (a) the person would not qualify for disability support pension under section 94 or 95 if the person were an Australian resident; and (b) the person has attained the minimum age for youth allowance as determined in accordance with subsection 543A(1) but has not attained pension age; and (c) the person: 22 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 729 (i) claims, or has claimed, special benefit on or after 1 January 2003 that is not continuous with any previous grant of special benefit; or (ii) if the person had not attained the minimum age for youth allowance as defined by subsection 543A(1) before 1 January 2003—is receiving special benefit granted before, or continuous with special benefit granted before, that date.
(2B) A person referred to in paragraph (2)(g) is qualified for special benefit in respect of a period only if, in addition to meeting any relevant requirement in paragraphs (2)(a) to (f): (a) throughout the period, and for each period within the period, the person either: (i) satisfies the activity test set out in section 731A; or (ii) is not required to satisfy the activity test; and (b) at all times (if any) during the period when a Special Benefit Employment Pathway Plan is not in force in relation to the person, the person is prepared to enter into such a plan; and (c) at all times during the period when a Special Benefit Employment Pathway Plan is in force in relation to the person, the person is prepared to enter into another such plan instead of the existing plan; and (d) if the person is required by the Secretary to enter into a Special Benefit Employment Pathway Plan in relation to the period or a part of the period, the person enters into that plan; and (e) while a Special Benefit Employment Pathway Plan is in force in relation to the person, the person satisfies the Secretary that the person is complying with the requirements in the plan.
(2B) A person referred to in paragraph (2)(g) is qualified for special benefit in respect of a period only if, in addition to meeting any relevant requirement in paragraphs (2)(a) to (f), throughout the period: (a) the following apply: Social Security Act 1991 23 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 729 (i) the person satisfies the employment pathway plan requirements; (ii) the person satisfies the Employment Secretary that the person is willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person; or (b) the following apply: (i) the person is, under Subdivision C of Division 2A of Part 3 of the Administration Act, not required to satisfy the employment pathway plan requirements; (ii) the person satisfies the Employment Secretary that the person would otherwise be willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person.
Note 1: Note 2: For satisfies the employment pathway plan requirements, see subsection 23(1).

See Division 2B of Part 3 of the Administration Act for the circumstances in which paid work is unsuitable to be done by a person.
(2C) For the purposes of paragraph (2)(h), an assurance of support applies to a person at a particular time if: (a) an assurance of support is in force in respect of the person (the assuree) at that time; and (b) the person who gave the assurance was willing and able to provide an adequate level of support to the assuree; and (c) it was reasonable for the assuree to accept that support.

Note: For assurance of support see subsection 23(1).
(2D) For the avoidance of doubt, if, at any time during the period for which special benefit is granted to a person, the person’s circumstances change such that, if the person were to be making a claim for special benefit on the basis of the changed circumstances, the person would not be qualified for special benefit, special benefit ceases to be payable.
24 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 729 (3) The Secretary is not to determine that a special benefit should be granted to a person for a period if the Secretary is satisfied that the benefit is not payable to the person for that period.
(4) For the purposes of paragraph (2)(d), a jobseeker payment is to be taken to be not payable to a person for a period because of the operation of a provision if: (a) the person has claimed the payment for the period and the payment is not payable to the person because of the operation of the provision; or (b) were the person to claim the payment for the period the payment would not be payable to the person because of the operation of the provision.
(4A) For the purposes of paragraph (2)(dc) a youth allowance is taken to be not payable to a person for a period because of the operation of a provision if: (a) the person has claimed the allowance for the period and the allowance is not payable to the person because of the operation of the provision; or (b) were the person to claim the allowance for the period the allowance would not be payable to the person because of the operation of the provision.
(4B) For the purposes of paragraph (2)(dd), an austudy payment is taken not to be payable to a person for a period because of the operation of a provision if: (a) the person has claimed the payment for the period and the payment is not payable to the person because of the operation of the provision; or (b) were the person to claim the payment for the period, the payment would not be payable to the person because of the operation of the provision.
(6) If: (a) a person was receiving a social security pension, a service pension, income support supplement or a veteran payment; and Social Security Act 1991 25 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 729A (b) the person claims a special benefit within 14 days of the day on which the last instalment of the person’s social security pension, service pension, income support supplement or veteran payment was paid; and (c) the person becomes qualified for a special benefit at some time during the 14 day period but after the first day of that period; the person is taken to be qualified for a special benefit for the whole of the 14 day period.
Note: Subsection (6) operates when a person transfers from a social security pension, a service pension, income support supplement or a veteran payment to a special benefit and the person is not qualified for a special benefit immediately after the day on which the person’s last instalment of social security pension, service pension, income support supplement or veteran payment is paid.

The subsection deems the person to be so qualified.
As a result, the person may be paid a special benefit for the period beginning on the day after the day on which the person’s last instalment of social security pension, service pension, income support supplement or veteran payment was paid.

The subsection aims to ensure that there is minimal disruption to a person’s payments when a person transfers from a social security pension, a service pension, income support supplement or a veteran payment to a special benefit.
729A Time limit on qualification for certain recipients of special benefit (1) This section applies to a person who is receiving special benefit if: (a) the person’s maximum benefit period is 13 weeks or less; and (b) the Secretary determines that this section should apply to the person.

(2) The maximum benefit period for a person is the period specified in the determination granting the person’s claim for special benefit as the maximum period for which the special benefit is payable to the person.
(3) If: (a) the section applies to a person; and 26 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 729AA (b) the Secretary is satisfied that the person’s qualification for special benefit will continue after the end of the person’s maximum benefit period; and (c) the Secretary determines that this subsection should apply to the person; the Secretary may determine that special benefit should be granted to the person for a period of not more than 13 weeks.
(4) Subject to section 729B, if: (a) the Secretary has determined that special benefit should be granted to the person for a period of not more than 13 weeks under subsection (3) or this subsection; and (b) the Secretary is satisfied that the person’s qualification for special benefit will continue after the end of that period; and (c) the Secretary determines that this subsection should apply to the person; the Secretary may determine that special benefit should be granted to the person for a further period of not more than 13 weeks.
729AA Effect of industrial action on qualification conditions of certain claimants for special benefit (1) A person who: (a) has claimed special benefit; and (b) is: (i) the holder of a visa included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to which subparagraph 729(2)(g)(i) applies; and (ii) a person to whom subsection 729(2A) applies; is not, for the purposes of paragraph 729(2)(e), taken to be unable to earn a sufficient livelihood for the person and the person’s dependants (if any) if: Social Security Act 1991 27 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 729AA (c) that inability arises because the person has ceased to be employed, or to be employed at a particular level of income; and (d) that cessation is attributable to the person’s being, or having been, engaged in industrial action, or in a series of industrial actions.
(2) Subsection (1) does not apply in relation to a person if the Secretary is satisfied that: (a) the person’s unemployment or the effect on the person’s level of income was due to other people being, or having been, engaged in industrial action or in a series of industrial actions; and (b) the people or some of the people were members of a trade union that was involved in the industrial action; and (c) the person was not a member of the trade union during the period of the industrial action.
(3) Subject to subsection (4), subsections (1) and (2) do not prevent a person from being qualified for special benefit in respect of a period that occurs after the relevant industrial action or series of industrial actions has stopped.
(4) If the relevant industrial action or series of industrial actions is in breach of an order, direction or injunction issued by: (a) a prescribed State industrial authority within the meaning of the Fair Work Act 2009; or (b) the Fair Work Commission or the Australian Industrial Relations Commission; or (c) the Federal Court of Australia; or (d) the Federal Circuit Court of Australia; a person is not qualified for special benefit in respect of a period unless that period occurs 6 weeks or more after the relevant industrial action or series of industrial actions has stopped.
28 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 729B 729B Certain recipients of special benefit cease to be qualified for special benefit after 52 weeks (1) A person to whom subsection 729A(4) applies ceases to be qualified for special benefit if the person has received special benefit in respect of the immediately preceding period of 52 weeks.
(2) The Secretary may make a written determination that subsection (1) does not apply to a person if the Secretary is satisfied: (a) that the person’s qualification for special benefit will end during the next 13 weeks; or (b) that the person’s qualification for special benefit will continue after the end of the period of 65 weeks commencing on the person’s start day.
729C Consequence of subsection 729B(2) determination (1) If the Secretary: (a) is satisfied of the matter mentioned in paragraph 729B(2)(a); and (b) makes a determination under subsection 729B(2) in relation to a person; then the person ceases to be qualified for special benefit if: (c) the person has received special benefit in respect of the immediately preceding 65 weeks; and (d) the Secretary is satisfied that this subsection should apply to the person.
(2) If the Secretary: (a) is satisfied of the matter mentioned in paragraph 729B(2)(b); and (b) makes a determination under subsection 729B(2) in relation to a person; the Secretary may determine that special benefit should be granted to the person for a period.
Social Security Act 1991 29 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 730 730 Determination of period The period determined by the Secretary under subsection 729(2) is not to begin before the person’s start day.
Subdivision AA—Activity test for certain nominated visa holders 731 Application of Subdivision This Subdivision applies to a person who is: (a) the holder of a visa that is included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to which subparagraph 729(2)(g)(i) applies; and (b) a person to whom subsection 729(2A) applies.
731A Activity test (1) Subject to subsection (2), a person to whom this Subdivision applies satisfies the activity test in respect of a period, whether it is the period of the grant of special benefit or a period within that period, if the person satisfies the Secretary that, throughout the period, the person is: (a) actively seeking; and (b) willing to undertake; paid work in Australia other than unsuitable paid work within the meaning of section 731B.
(7) A person to whom this Subdivision applies also satisfies the activity test in respect of a period if: (a) the Secretary is of the opinion that, throughout the period, the person should undertake particular paid work, other than unsuitable paid work within the meaning of section 731B; and (b) the Secretary notifies the person that the person is required to act in accordance with the opinion; and 30 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 731A (c) the person complies, throughout the period, with the Secretary’s requirement.
(8) To avoid doubt, the work that the person is required to undertake under subsection (7) may involve a number of hours per week that differs from the number of hours of work per week that the person is required to seek to comply with a Special Benefit Employment Pathway Plan that is in force in relation to the person.
(9) A person cannot be taken to satisfy the activity test throughout a period if the person fails to comply with a requirement under subsection (7): (a) whether or not the person complies with subsection (1) or (11); and (b) whether or not another provision of this Act under which the activity test is satisfied, or taken to be satisfied, applies (or would apart from this section apply) to the person.
(11) A person to whom this Subdivision applies also satisfies the activity test in respect of a period if: (a) throughout the period, the person complies with the terms of a Special Benefit Employment Pathway Plan that is in force in relation to the person; and (b) either: (i) the person is included in a class of persons specified in an instrument made under subsection (11A); or (ii) the Secretary determines that the person should be taken to satisfy the activity test in respect of that period.
(11A) The Secretary may, by legislative instrument, specify classes of persons for the purposes of subparagraph (11)(b)(i).

(12) If a person to whom this Subdivision applies fails to comply, throughout a period, with a requirement in a Special Benefit Employment Pathway Plan that is in force in relation to the person, the person cannot be taken to satisfy the activity test in respect of the period in spite of any compliance of the person with subsection (1).
Social Security Act 1991 31 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 731B 731B Meaning of unsuitable work for the purposes of the activity test (1) For the purposes of subsection 731A(1) and paragraph 731A(7)(a), particular paid work is unsuitable paid work in respect of a person if and only if, in the Secretary’s opinion: (a) the person lacks the particular skills, experience or qualifications that are needed to perform the work and no training will be provided by the employer; or (b) it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or (ba) the person is the principal carer for one or more children, and does not have access to appropriate care and supervision for the children at the times when the person would be required to undertake the work; or Note: For principal carer see subsections 5(15) to (24).
(c) performing the work in the conditions in which the work would be performed would constitute a risk to health or safety and would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or (e) the terms and conditions for the work would be less generous than the applicable statutory conditions; or (g) commuting between the person’s home and the place of work would be unreasonably difficult; or (h) the work requires the person to move from a home in a place to a home in another place; or (i) for any other reason, the work is unsuitable for the person.
(1A) A person has, for the purposes of paragraph (1)(ba), access to appropriate care and supervision for a child at a particular time if, at that time: (a) the child could be provided with care by an approved child care service (within the meaning of the Family Assistance 32 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 731B Administration Act), and provision of that care would, in the Secretary’s opinion, be appropriate in the circumstances; or (b) the child could be provided with other care that the person considers to be suitable; or (c) the child could be attending school, and attendance at that school would, in the Secretary’s opinion, be appropriate in the circumstances.
(1B) For the purposes of paragraph (1)(ba), a time when the person would be required to undertake the work includes reasonable amounts of time that would be needed for the person to travel from the person’s home to the place of work and from the place of work to the person’s home.

(1C) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether, for the purposes of paragraph (1)(i), particular paid work is unsuitable for a person.
(1D) To avoid doubt, a determination under subsection (1C) does not limit the matters that the Secretary may take into account in deciding whether, for the purposes of paragraph (1)(i), particular paid work is unsuitable for a person.
(2) If: (a) a person seeks work in an area (the new area) that is outside the area (the old area) in which the person’s home is situated; and (b) the person is offered permanent full time work (whether or not work of the kind sought) in the new area; the work offered is not unsuitable work in respect of the person because of paragraph (1)(g) or (h) unless: (c) the person is under the age of 18; or (d) the person or the person’s partner is pregnant; or (e) the person or the person’s partner has a severe medical condition and the condition makes it unreasonable for the person to accept the offer; or Social Security Act 1991 33 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 731D (f) the acceptance of the offer would jeopardise the current employment, or the employment prospects, of the person’s partner; or (g) the person or the person’s partner has a child under the age of 16 years who is living with them or is living somewhere else in the old area; or (h) the person or the person’s partner has significant caring responsibilities in the old area; or (i) the educational, cultural or religious background of the person makes it unreasonable for the person to accept the offer; or (j) it is more appropriate for the person to participate in education or training than to accept the offer; or (k) the person would suffer severe financial hardship if the person were to accept the offer.
(3) A person who, when seeking employment through an employment service provider, represents to the provider that he or she is willing to undertake work outside the area in which the person’s home is situated is taken, for the purposes of subsection (2), to seek work outside the area at the time when the representation is made.

(4) Subsection (3) does not affect what would otherwise constitute a circumstance of a person seeking work outside the area in which the person’s home is situated.
731D Persons in certain areas can be taken to comply with activity test If the Secretary considers that: (a) it would be reasonable to assume that, at the end of a period, a person is present in an area where: (i) there is no locally accessible labour market; and (ii) there is no locally accessible vocational training course; and (aa) it would be reasonable to assume that, throughout the period, the person is capable of undertaking, and willing to 34 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 731DAA undertake, paid work that in the Secretary’s opinion is suitable to be undertaken by the person; and (b) having regard to all the relevant factors, including: (i) the location of offices of the Department; and (ii) difficulties with transport and communication; and (iii) the educational and cultural background of the person; it would be unreasonable to expect the person to comply with the activity test in order to be qualified for special benefit for that period; then, unless the person has been notified of a requirement under subsection 731A(7) in relation to the period, the person is taken to satisfy the activity test during that period.
731DAA Relief from activity test death of person’s partner Claimants (1) If: (a) a person makes a claim for special benefit on or after the commencement of this section; and (b) the person makes the claim after the death of the person’s partner on or after the commencement of this section; and (c) if the person is a man or a woman who was not pregnant the person makes the claim in the when her partner died period of 14 weeks starting on the day of the death of the partner; and (d) if the person is a woman who was pregnant when her partner died the person makes the claim: (i) in the period of 14 weeks starting on the day of the death of the partner; or (ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant; whichever ends later; then the person is not required to satisfy the activity test in respect of the period applicable under paragraph (c) or (d).
Social Security Act 1991 35 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 731DA Recipients (2) If: (a) a person is receiving special benefit on or after the commencement of this section; and (b) while the person is receiving special benefit, the person’s partner dies on or after the commencement of this section; and (c) if the person is a man or a woman who was not pregnant when her partner died—the person notifies the Secretary of the person’s partner’s death in the period of 14 weeks starting on the day of the death of the partner; and (d) if the person is a woman who was pregnant when her partner the person notifies the Secretary of the person’s died partner’s death: (i) in the period of 14 weeks starting on the day of the death of the partner; or (ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant; whichever ends later; and (e) the person is receiving special benefit on the day of the notification; then the person is not required to satisfy the activity test in respect of the period applicable under paragraph (c) or (d).
731DA Relief from activity test domestic violence etc.

(1) A person is not required to satisfy the activity test in respect of a period that the Secretary determines under this section in relation to the person.
(2) The Secretary may make a determination under this section in relation to the person if the Secretary is satisfied that: (a) the person: (i) is the principal carer of one or more children; and 36 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 731DA (ii) was subjected to domestic violence in the 26 weeks before the making of the determination; or (b) the person is the principal carer of one or more children, and there are special circumstances relating to the person’s family that make it appropriate to make the determination.
Note: For principal carer see subsections 5(15) to (24).

(2A) The Secretary must, by legislative instrument, specify matters that the Secretary must take into account in deciding whether there are special circumstances relating to a person’s family that make it appropriate to make a determination under this section.

(2B) To avoid doubt, a determination under subsection (2A) does not limit the matters that the Secretary may take into account in making a determination under subsection (2).
(3) The period that the Secretary determines under this section must be the lesser of: (a) the period that the Secretary considers to be appropriate; or (b) 16 weeks.

(4) Any such period may be followed by one or more other periods (not exceeding 16 weeks) determined under this section in relation to the person.
(5) The period that the Secretary determines under this section must, despite subsection (3), be 16 weeks if the determination: (a) is made on grounds referred to in paragraph (2)(a) (or on grounds that include those grounds); and (b) is the first determination made on those grounds (or on grounds that include those grounds) in relation to the person on or after 1 July 2010.
(6) The Secretary may revoke a determination under this section in relation to a person if the Secretary is satisfied that the grounds on which the determination was made no longer exist.
Social Security Act 1991 37 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 731DB (7) Subsection (6) does not affect any operation that subsection 33(3) of the Acts Interpretation Act 1901 has in relation to a determination under this section.
731DB Relief from activity test people with disabled children and other circumstances (1) A person is not required to satisfy the activity test in respect of a period that the Secretary determines under this section in relation to the person.
(2) The Secretary may make a determination under this section in relation to the person if the Secretary is satisfied that the person is the principal carer of one or more children: (a) who suffer from a physical, intellectual or psychiatric disability or illness; and (b) whose care needs are such that the person should, for the period specified in the determination, not be required to satisfy the activity test.

Note: For principal carer see subsections 5(15) to (24).
(3) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that the person is the principal carer of one or more children, and that: (a) the person is a registered and active foster carer; or (b) the person is a home educator of that child, or one or more of those children; or (c) the person is a distance educator of that child, or one or more of those children; or (d) under a family law order that the person is complying with, a child, of whom the person is a relative (other than a parent), is to live with the person.
Note 1: For principal carer see subsections 5(15) to (24).

Note 2: For registered and active foster carer see section 5B.

Note 3: For home educator see section 5C.

Note 4: For distance educator see section 5D.


38 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 731DB Note 5: For family law order see subsection 23(1).

Note 6: For relative (other than a parent) see section 5E.
(3A) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that: (a) the person is the principal carer of a child; and (b) the person is one or both of the following: (i) the principal carer of one or more other children; (ii) the main supporter of one or more secondary pupil children; and (c) there are 4 or more of the children of whom the person is the principal carer or main supporter.

Note 1: For principal carer see subsections 5(15) to (24).
Note 2: For main supporter see section 5G.

Note 3: For secondary pupil child see section 5F.

(3B) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that the person: (a) is not the principal carer of one or more children; and (b) is a registered and active foster carer; and (c) is providing foster care to a child temporarily in an emergency or to give respite to another person from caring for the child.
Note 1: For principal carer see subsections 5(15) to (24).

Note 2: For registered and active foster carer see section 5B.

(3C) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that the person: (a) is the main supporter of one or more secondary pupil children; and (b) is a home educator or distance educator of one or more of those children.

Note 1: For main supporter see section 5G.

Note 2: For secondary pupil child see section 5F.


Note 3: For home educator see section 5C.

Social Security Act 1991 39 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 731DB Note 4: For distance educator see section 5D.
(3D) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that: (a) the person is the principal carer of one or more children; and (b) the person is a relative (other than a parent) of a child (the kin child); and (c) there is a document that: (i) provides for the kin child to live with the person for the care and wellbeing of the kin child; and (ii) is prepared or accepted by an authority of a State or Territory that has responsibility for the wellbeing of children; and (d) the person is acting in accordance with the document.
Note 1: For principal carer see subsections 5(15) to (24).

Note 2: For relative (other than a parent) see section 5E.

(4) The Secretary may make a determination under this section in relation to the person if the Secretary is satisfied that: (a) the person is a person included in a class of persons specified under subsection (5); and (b) the person’s circumstances are such that the person should not be required to satisfy the activity test for the period.
(5) The Secretary may, by legislative instrument, specify classes of persons in respect of whom determinations under this section may be made.

(6) The period that the Secretary determines under this section, except subsection (3B), must be the lesser of: (a) the period that the Secretary considers to be appropriate; or (b) 12 months.
(6A) The period that the Secretary determines under subsection (3B) in relation to the person must be the lesser of: (a) the period: 40 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 731DC (i) starting when the person starts to provide foster care to the child; and (ii) ending 12 weeks, or a shorter period determined by the Secretary, after the person ceases to provide foster care to the child; and (b) 12 months.
(7) A period determined by the Secretary under this section in relation to the person may be followed by one or more other periods (not exceeding 12 months) determined under this section in relation to the person.

(8) The Secretary may revoke a determination under this section in relation to a person if the Secretary is satisfied that the grounds on which the determination was made no longer exist.
(9) Subsection (8) does not affect any operation that subsection 33(3) of the Acts Interpretation Act 1901 has in relation to a determination under this section.

731DC Persons may be treated as actively seeking etc.
paid work (1) A person is not required to satisfy the activity test in respect of the period to which subsection (4) applies if: (a) during the period, the person undertakes: (i) paid work that, in the Secretary’s opinion, is suitable for the person to undertake; or (ii) any other activity; and (b) the Secretary is of the opinion that, taking into account: (i) the nature of the work or other activity; and (ii) the duration of the work or other activity; and (iii) any remuneration received for the work or other activity; and (iv) any other matters relating to the work or other activity, or to the person’s circumstances, that the Secretary considers relevant; Social Security Act 1991 41 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 731E it would be unreasonable to expect the person to satisfy the activity test for the period.
(2) However, the work or other activity must not be or include any work or other activity of a kind that the Secretary determines under subsection (3).

(3) The Secretary may determine, by legislative instrument, kinds of work or other activity that are not to be taken into account for the purposes of subsection (1).
(4) This subsection applies to the period: (a) starting: (i) when the person made a claim, or is taken to have made a claim, for special benefit; or (ii) when the person started to undertake the work or other activity; whichever happens later; and (b) ending: (i) if the person has been required to enter into a Special Benefit Employment Pathway Plan but has failed to enter that plan when the person so failed; or (ii) in any other case when the person has entered into such a plan.
731E Relief from activity test special circumstances (1) Subject to subsections (2) and (3), a person to whom this Subdivision applies is not required to satisfy the activity test for a period if: (a) the Secretary is satisfied that special circumstances, beyond the person’s control, exist; and (b) the Secretary is satisfied that in those circumstances it would be unreasonable to expect the person to comply with the activity test for that period.
42 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 731F (1A) Subsection (1) does not apply to circumstances wholly or predominantly attributable to the person’s misuse of alcohol or another drug, unless the person is a declared program participant.
(2) The period referred to in subsection (1) is not to exceed 13 weeks.

(3) If: (a) the Secretary makes a number of determinations under subsection (1); and (b) the periods to which the determinations relate form a continuous period; the continuous period is not to exceed 13 weeks unless the Secretary determines otherwise, having regard to the continued existence, or likely continued existence, of the special circumstances on which the last preceding determination was based.
731F Relief from activity test pre natal and post natal (1) A pregnant woman is not required to satisfy the activity test for the period that starts 6 weeks before the woman’s expected date of confinement and ends on the day on which the woman gives birth to the child (whether or not the child is born alive).
(2) If a woman gives birth to a child (whether or not the child is born alive), the woman is not required to satisfy the activity test for the period that starts on the day on which she gives birth to the child and ends 6 weeks after that day.
731G Relief from activity test people 55 and over who are engaged in work (1) Subject to subsections (2) and (3), a person to whom this Subdivision applies who has reached 55 years is taken to satisfy the activity test in respect of each period of 2 weeks while the person is receiving special benefit (the relevant period) if the person: Social Security Act 1991 43 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 731G (a) is engaged in approved unpaid voluntary work for an approved organisation for at least 30 hours in the relevant period; or (b) is engaged, for at least 30 hours in the relevant period, in a combination of: (i) approved unpaid voluntary work for an approved organisation; and (ii) paid work that the Secretary regards as suitable; or (c) is engaged for at least 30 hours in the relevant period in paid work that the Secretary regards as suitable.
(2) Subsection (1) does not apply in relation to a person who has reached 55, but is under 60, years of age and to a period of 2 weeks (the relevant period) if that period begins before the end of 12 months starting on the day the person starts to receive special benefit.
Instead the person is taken to satisfy the activity test in respect of the relevant period if the person: (a) is engaged, for at least 30 hours in the relevant period, in a combination of: (i) approved unpaid voluntary work for an approved organisation; and (ii) paid work that the Secretary regards as suitable and that is at least 15 hours in the relevant period; or (b) is engaged for at least 30 hours in the relevant period in paid work that the Secretary regards as suitable.
Note: Because of the definition of receive in section 23, this subsection applies separately in relation to each occasion the person starts to receive special benefit.

(2A) If special benefit ceases to be payable to a person for a period of less than 3 months (except because the special benefit was cancelled), then, for the purposes of subsection (2), the person is taken to be receiving special benefit during that period.
(3) This section does not apply to a person in respect of a day in a relevant period if, having regard to the opportunities, or possible opportunities, for employment that become available to the person 44 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 731GA on or before the day, the Secretary considers that this section is not to apply to the person in respect of that day.
(4) In this section: approved organisation is an organisation that has been approved by the Secretary for the purposes of this section.

approved unpaid voluntary work, either full time or otherwise, is work that has been approved by the Secretary for the purposes of this section.
731GA Relief from activity test certain principal carers and people with partial capacity to work A person who: (a) is the principal carer of at least one child; or (b) has a partial capacity to work; is taken to satisfy the activity test in respect of a period if, during the period, the person is engaged for at least 30 hours per fortnight in paid work that the Secretary regards as suitable.
731H Relief from activity test dependent child (1) A person is taken to satisfy the activity test in respect of a period when the person has at least one child who: (a) is a dependent child of the person within the meaning of subsection 5(2) as qualified by subsections 5(3) and (6); and (b) has not turned 6; and (c) is in Australia.

(2) For the purposes of subsection (1), a child can be a dependent child of only one person at a time.
(3) If the Secretary is satisfied that, but for subsection (2), a child would be a dependent child of 2 or more persons (adults), the Secretary must determine in relation to which of those adults the child is a dependent child.
Social Security Act 1991 45 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 731HA 731HA Relief from activity test persons who would be qualified for carer payment under section 197B, 197C, 197D or 197E Person taken to satisfy the activity test (1) A person to whom this Subdivision applies is taken to satisfy the activity test during any period during which: (a) subsection (2) (personally providing care to another person) applies to the person; or (b) subsection (3) (participating in the care in hospital of another person) applies to the person.
If subsection (3) applies to the person, subsection (4) sets out a limit on the period during which the person is taken to satisfy the activity test for participating in the care of a disabled adult in hospital.
Personally providing care (2) This subsection applies to the person if: (a) if the provisions referred to in subsection (5) were disregarded, the person would qualify for a carer payment under section 197B, 197C, 197D or 197E (whether or not because of section 197F) for caring for one or more of the following or for persons who include the following: (i) a child with a severe disability or severe medical condition; (ii) a child who has a terminal condition; (iii) a child with a disability or medical condition; (iv) a lower ADAT score adult; and (b) either: (i) the care is provided in a private residence that is the home of the person or persons for whom care is provided; or (ii) if a section referred to in paragraph (a) applies to the person because of section 197F the care is provided in a private residence that is a home of the person or persons for whom care is provided.
46 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 731HA Participating in care of person in hospital (3) This subsection applies to the person if: (a) the person is participating in the care in hospital of another person (the hospitalised person); and (b) it is reasonable to assume that, if the hospitalised person were not in hospital and the provisions referred to in subsection (5) were disregarded, the person would qualify under section 197B, 197C, 197D or 197E (whether or not because of section 197F) for a carer payment for caring for the hospitalised person, or for the hospitalised person and one or more other persons; and (c) one of the following applies: (i) the hospitalised person is terminally ill; (ii) it is reasonable to expect that, upon leaving hospital, the hospitalised person will reside in a private residence that is the home of the hospitalised person.
(4) The period, or the sum of the periods, for which a person to whom this Subdivision applies is taken to satisfy the activity test because of subsection (3) for participating in the care in hospital of a disabled adult must not exceed: (a) 63 days in any calendar year; or (b) another period that the Secretary, for any special reason in a particular case, decides to be appropriate.

Note: There is no limit for a hospitalised person who is a child.
Disregard certain provisions of sections 197B, 197C, 197D and 197E (5) For the purposes of paragraphs (2)(a) and (3)(b), disregard the following: (a) subsection 197B(3) and paragraphs 197B(4)(b), (c) and (d); (b) subsection 197C(3) and paragraphs 197C(4)(b), (c) and (d); (c) subsection 197D(3) and paragraphs 197D(4)(b), (c) and (d); (d) subsection 197E(4) and paragraphs 197E(5)(b), (c) and (d).
Social Security Act 1991 47 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 731HB Meaning of expressions in this section (6) An expression used in this section that is defined for the purposes of Part 2.5 has the same meaning in this section as it has in that Part.
731HB Relief from activity test persons who would be qualified for carer payment under section 197G or 197H Person taken to satisfy the activity test (1) A person to whom this Subdivision applies is taken to satisfy the activity test during any period during which subsection (2) (personally providing care to another person) applies to the person.
Personally providing care during period determined (2) This subsection applies to the person if: (a) if the provisions referred to in subsection (7) were disregarded, the person would qualify for a carer payment under section 197G or 197H for a period for caring for one or more of the following or for persons who include the following: (i) a child with a severe disability or severe medical condition; (ii) a child with a disability or medical condition; (iii) a lower ADAT score adult; and (b) either: (i) the care is provided in a private residence that is the home of the person or persons for whom care is provided; or (ii) if the person would qualify for a carer payment because of section 197F the care is provided in a private residence that is a home of the person or persons for whom care is provided.
48 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 731HB Relief from activity test during all of period determined (caring for person in hospital) (3) A person to whom this Subdivision and subsection (4) apply is taken to satisfy the activity test during any period that does not exceed the period, or the sum of the periods, (as the case requires) determined under paragraph (4)(b).
(4) This subsection applies to a person if: (a) the person is participating in the care, in hospital, of one of the following persons (the hospitalised person): (i) a child with a severe disability or severe medical condition; (ii) a child with a disability or medical condition; (iii) a lower ADAT score adult; and (b) the Secretary determines in writing that, if the hospitalised person were not in hospital and the provisions referred to in subsection (7) were disregarded, the person would qualify under section 197G or 197H for a carer payment for a period or periods for: (i) the hospitalised person; or (ii) the hospitalised person and one or more other persons; and (c) it is reasonable to expect that, upon leaving hospital, the hospitalised person: (i) will reside in a private residence that is the home of the hospitalised person; or (ii) if the carer would qualify for a carer payment because of section 197F for the hospitalised person will reside in a private residence that is a home of the hospitalised person.
Social Security Act 1991 49 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 731HB Relief from activity test during balance of period determined (caring for person in hospital) (5) A person to whom this Subdivision and subsection (6) apply is taken to satisfy the activity test during any period that does not exceed the balance of the period referred to in paragraph (6)(b).
(6) This subsection applies to a person if: (a) subsection (2) applies to the person for a period for caring for one or more of the following or for persons who include the following: (i) a child with a severe disability or medical condition; (ii) a child with a disability or medical condition; (iii) a lower ADAT score adult; and (b) if the provisions referred to in subsection (7) were disregarded, the person would cease to qualify under section 197G or 197H for a carer payment for the balance of the period only because the person is participating in the care, in hospital, of: (i) a child referred to in paragraph (a) of this subsection (the hospitalised person); or (ii) the hospitalised person and one or more other persons; and (c) it is reasonable to expect that, upon leaving hospital, the hospitalised person: (i) will reside in a private residence that is the home of the hospitalised person; or (ii) if the carer would qualify for a carer payment because of section 197F for the hospitalised person will reside in a private residence that is a home of the hospitalised person.
Disregard certain provisions of sections 197B, 197C and 197D (7) For the purposes of paragraphs (2)(a), (4)(b) and (6)(b), disregard the following: (a) subsection 197B(3) and paragraphs 197B(4)(b), (c) and (d); 50 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 731J (b) subsection 197C(3) and paragraphs 197C(4)(b), (c) and (d); (c) subsection 197D(3) and paragraphs 197D(4)(b), (c) and (d).
Meaning of expressions (8) An expression used in this section that is defined for the purposes of Part 2.5 has the same meaning in this section as it has in that Part.
731J Relief from activity test persons who would be qualified for carer payment under section 198 or for carer allowance Qualification conditions for carer payment under section 198 (1) A person to whom this Subdivision applies is taken to satisfy the activity test during any period during which: (a) the person meets the qualification conditions for a carer payment set out in subsections 198(2), (3) and (9); or (b) the following apply: (i) the person is participating in the care in hospital of another person (the hospitalised person) who is a disabled adult or a dependent child of a disabled adult; (ii) it is reasonable to assume that, if the hospitalised person were not in hospital, the carer would meet the qualification conditions for a carer payment set out in subsections 198(2), (3) and (9) for the hospitalised person or for the hospitalised person and one or more other persons; (iii) either the hospitalised person is terminally ill or it is reasonable to expect that the hospitalised person will reside in the private home of the carer and the hospitalised person upon leaving hospital.
(2) However, the period, or the sum of the periods, for which a person to whom this Subdivision applies is taken to satisfy the activity test by virtue of the operation of paragraph (1)(b) for participating in the care in hospital of a disabled adult must not exceed: (a) 63 days in any calendar year; or Social Security Act 1991 51 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 731J (b) another period that the Secretary, for any special reason in a particular case, decides to be appropriate.
Note: There is no limit for a hospitalised person who is a dependent child.

(3) If subsection (1) (including any subsection of section 198 that is applied under that subsection) uses a term that is defined for the purposes of section 198, it has the same meaning in subsection (1) as it has for the purposes of that section.
Carer allowance (4) A person to whom this Subdivision applies is taken to satisfy the activity test during any period during which: (a) the person meets the qualification conditions for carer allowance set out in section 953 as modified by subsection (5); or (b) the person meets the qualification conditions for carer allowance set out in section 954 as modified by subsection (5); or (ba) the person meets the qualification conditions for carer allowance set out in section 954A as modified by subsection (5); or (c) the person is participating in the care in hospital of another person (the hospitalised person), whether that other person is a disabled child or a disabled adult, and: (i) it is reasonable to assume that, if the hospitalised person were not in hospital, the carer would meet the qualification conditions for carer allowance set out in section 953 or 954 as so modified, whichever is appropriate, for the hospitalised person, or set out in both of sections 953 and 954 as so modified, for the hospitalised person and another person or persons; and (ii) either the hospitalised person is terminally ill or it is reasonable to expect that the hospitalised person will reside in the private home of the carer and the hospitalised person upon leaving hospital.
52 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 731J (5) In this section: (a) a reference to section 953 as modified by this subsection is a reference to section 953, subject to: (i) the substitution of a requirement that care receivers be in Australia for the requirement in paragraphs 953(1)(b) and (2)(b); and (ii) the omission of paragraphs 953(1)(f) and (2)(f); and (b) a reference to section 954 as modified by this subsection is a reference to section 954, subject to: (i) the substitution of a requirement that the care receiver be in Australia for the requirement in paragraph 954(1)(a); and (ii) the omission of paragraph 954(1)(f); and (c) a reference to section 954A as modified by this subsection is a reference to section 954A, subject to: (i) the substitution of a requirement that the care receiver be in Australia for the requirement in paragraph 954A(1)(a); and (ii) the omission of paragraph 954A(1)(e).
(6) However, the period, or the sum of the periods, for which a person to whom this Subdivision applies is taken to satisfy the activity test by virtue of the operation of paragraph (4)(c) for participating in the care in hospital of a disabled adult must not exceed: (a) 63 days in any calendar year; or (b) another period that the Secretary, for any special reason in a particular case, decides to be appropriate.

Note: There is no limit for a hospitalised person who is a child.
(7) If subsection (4) (including one or more of sections 953, 954 and 954A as modified by subsection (5) and applied under subsection (4)) uses a term that is defined for the purposes of one or more of sections 953, 954 and 954A, that term has the same meaning in subsection (4) as it has for the purposes of one or more of those sections.
Social Security Act 1991 53 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 731JA 731JA Relief from activity test grant of temporary protection, humanitarian or safe haven visa A person to whom this Subdivision applies is not required to satisfy the activity test in respect of the period of 13 weeks commencing the day after the day on which the person is granted a visa included in a class of visas that is issued for temporary protection, humanitarian or safe haven purposes and that is determined by the Minister to be a class of visas to which subparagraph 729(2)(g)(i) applies.
731K Temporarily incapacitated person not required to satisfy activity test (1) A person to whom this Subdivision applies is not required to satisfy the activity test in respect of a period if: (a) throughout the period the person is incapacitated for work because of sickness or an accident; and (b) the incapacity is caused wholly, or virtually wholly, by a medical condition arising from the sickness or accident; and (c) the incapacity is, or is likely to be, of a temporary nature; and (d) the person has, whether before or after the commencement of this section, given the Secretary a certificate of a medical practitioner, in a form approved by the Secretary, stating: (i) the medical practitioner’s diagnosis; and (ii) the medical practitioner’s prognosis; and (iii) that the person is incapacitated for work; and (iv) the period for which the person is incapacitated for work; and (e) the Secretary is satisfied that the incapacity has not been brought about with a view to avoiding any requirement to satisfy the activity test.
(1AA) Subsection (1) does not apply to sickness, or an accident, wholly or predominantly attributable to the person’s dependence on alcohol or another drug, unless the person is a declared program participant.
54 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 731KA (1A) The Secretary must comply with the guidelines (if any) determined and in force under subsection (1B) in deciding the following: (a) whether paragraph (1)(a), (b) or (c) applies to a person in respect of a period; (b) whether, for the purposes of paragraph (a) of the definition of work in subsection (2), work is of a kind that a person could be reasonably expected to do.
(1B) The Minister may, by legislative instrument, determine guidelines to be complied with by the Secretary in making a decision referred to in subsection (1A).

(2) In this section: work, in relation to a person, means work (whether full time, part time, permanent or casual) that: (a) is of a kind that the person could, in the Secretary’s opinion, be reasonably expected to do; and (b) is for at least 8 hours per week on wages that are at or above the relevant minimum wage.
731KA Time limit for exemption Secretary satisfied person can undertake activity (1) A person ceases to be exempt, under this Subdivision, from the activity test if the Secretary is satisfied that, although the person meets the requirements of section 731K, the person should undertake one or more activities that the Secretary regards as suitable for the person.
(2) The cessation occurs: (a) if the person has been required to enter into a Special Benefit Employment Pathway Plan but has failed to enter that plan when the person so failed; or (b) in any other case when the person has entered into such a plan.
Social Security Act 1991 55 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 731L Subdivision AB—Special Benefit Employment Pathway Plans for persons who are nominated visa holders 731L Special Benefit Employment Pathway Plans requirement to enter (1) Subject to this section, if a person who is a nominated visa holder: (a) has made a claim for special benefit; or (b) is in receipt of special benefit; the Secretary may require the person to enter into a Special Benefit Employment Pathway Plan.
(2) If a Special Benefit Employment Pathway Plan is in force in relation to a person, the Secretary may require the person to enter into another plan instead of the existing one.

(3) Subsections (1) and (2) do not apply to a person who, under section 731DAA, 731DA, 731DB, 731E, 731F or 731JA, is not required to satisfy the activity test.
(3A) If, under section 731K, a person is not required to satisfy the activity test, subsections (1) and (2) apply to the person only if subsection 731KA(1) applies to the person.

(4) The Secretary is to give a person who is required to enter into a Special Benefit Employment Pathway Plan notice of: (a) the requirement; and (b) the places and times at which the plan is to be negotiated.

(5) A Special Benefit Employment Pathway Plan must be in a form approved by the Secretary.
56 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 731M 731M Special Benefit Employment Pathway Plans terms Suitable requirements (1) Subject to subsection (2) and to sections 731N to 731Q, a Special Benefit Employment Pathway Plan that is in force in relation to a person is to contain one or more terms (the requirements) that: (a) the person is required to comply with; and (b) the Secretary regards as suitable for the person.
(1A) A plan must not contain a requirement of a kind that the Secretary determines under subsection (1B).

(1B) The Secretary must determine, by legislative instrument, kinds of requirements that plans must not contain.

(1C) To avoid doubt, a determination under subsection (1B) does not limit the Secretary’s discretion to exclude other kinds of requirements from a particular plan under subsection (1).
(2) A plan must not require the person concerned to participate in an approved program of work for income support payment if: (a) the person has not turned 18; or (b) the person or the person’s partner has income; or (c) in the Secretary’s opinion: (i) it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or (ii) performing the work in the conditions in which the work would be performed would constitute a risk to health or safety or would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or (d) the person is at least 50 years of age and is not a person to whom subsection 28(4) applies.
Note: Section 731Q provides for revocation of such requirements.

Social Security Act 1991 57 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 731M Optional terms (2A) A plan may also contain one or more terms that the person may, but is not required to, comply with.
Approval of requirements (3) The requirements in a plan are to be approved by the Secretary.

(4) In considering whether to approve the requirements in a plan that will be in force in relation to a person, the Secretary is to have regard to: (a) the person’s capacity to comply with the requirements; and (b) the person’s needs.
(5) In having regard to a person’s capacity to comply with the requirements in a plan, the Secretary is to take into account, but is not limited to, the following matters: (a) the person’s education, experience, skills and age; (aa) the impact of any disability, illness, mental condition or physical condition of the person on the person’s ability to work, to look for work or to participate in training activities; (b) the state of the local labour market and the transport options available to the person in accessing that market; (c) the participation opportunities available to the person; (d) the family and caring responsibilities of the person; (e) the length of travel time required to comply with the requirements; (f) the financial costs (such as travel costs) of complying with the requirements, and the person’s capacity to pay for such costs; (g) any other matters that the Secretary or the person considers relevant in the circumstances.
Variation, suspension, cancellation and review (6) A plan that is in force in relation to a person: 58 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 731N (a) may be varied (in negotiation with the person) or suspended by the Secretary; and (b) must be cancelled by the Secretary if the person enters into another Special Benefit Employment Pathway Plan; and (c) may be reviewed from time to time by the Secretary at the request of the Secretary or the person; and (d) may be cancelled by the Secretary after a review under paragraph (c).
Circumstances preventing or affecting compliance (7) If a plan is in force in relation to a person, the person must notify the Secretary of any circumstances preventing or affecting the person’s capacity to comply with the requirements in the plan.
731N Special Benefit Employment Pathway Plans principal carers (1) A Special Benefit Employment Pathway Plan that: (a) is in force in relation to a person who is the principal carer of at least one child; and (b) requires the person to undertake, as an activity, looking for part-time work that the Secretary regards as suitable; must require the person to undertake looking for such part time work of at least the appropriate number of hours per week.

Note: For principal carer see subsections 5(15) to (24).
(2) The appropriate number of hours per week is: (a) 15; or (b) such other number as the Secretary determines to be appropriate having regard to the person’s circumstances.
731P Special Benefit Employment Pathway Plans people with partial capacity to work (1) A Special Benefit Employment Pathway Plan that: (a) is in force in relation to a person who has a partial capacity to work; and Social Security Act 1991 59 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 731Q (b) requires the person to undertake, as an activity, looking for part time work that the Secretary regards as suitable; must require the person to undertake looking for such part time work of at least the appropriate number of hours per week.
Note: For partial capacity to work see section 16B.

(2) The appropriate number of hours per week is: (a) 15; or (b) such other number as the Secretary determines to be appropriate having regard to the person’s circumstances.
731Q Special Benefit Employment Pathway Plans revocation of requirement to participate in approved program of work (1) If a Special Benefit Employment Pathway Plan that is in force in relation to a person requires the person to participate in an approved program of work for income support payment, the Secretary may, by notice given to the person, revoke the requirement to participate in the program if the Secretary: (a) is satisfied that the person or the person’s partner has income; or (b) forms the opinion that: (i) it has been established that there is medical evidence that the person has an illness, disability or injury that would be aggravated by the conditions in which the work would be performed; or (ii) performing the work in the conditions in which the work would be performed would constitute a risk to health or safety or would contravene a law of the Commonwealth, a State or a Territory relating to occupational health and safety; or (c) is satisfied that the person is at least 50 years of age and is not a person to whom subsection 28(4) applies.
(2) Upon the Secretary so notifying the person, the requirement is taken to have been revoked with effect from the day specified in the notice.
60 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 731R 731R Special Benefit Employment Pathway Plans suspension of plans A Special Benefit Employment Pathway Plan that is in force in relation to a person is taken to be suspended during any period during which the person is not required to satisfy the activity test because of section 731DAA, 731DA or 731DB.
Subdivision B—Payability 732 Special benefit not payable if benefit rate nil (1) Subject to subsection (2), special benefit is not payable to a person if the person’s special benefit rate would be nil.
(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because: (a) an election by the person under subsection 915A(1) (about quarterly energy supplement) or 1061VA(1) (about quarterly pension supplement) is in force; or (b) the person has been paid an advance pharmaceutical allowance under the social security law.
733 Assets test—benefit not payable if assets value limit exceeded (1) A special benefit is not payable to a person if: (a) the person is not excluded from the special benefit assets test; and (b) the value of the person’s assets exceeds the person’s assets value limit.

(2) A person is excluded from the special benefit assets test if the person: (a) has not turned 18; and (b) is not independent within the meaning of section 1067A.
(3) A person’s assets value limit is worked out using the following table: work out which family situation applies to the person; the Social Security Act 1991 61 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 733 assets value limit is the corresponding amount in the assets value limit column.
Assets value limit table Column 1 Column 2 Item Person’s family situation 1.

2.

3.
2.

3.

Not member of a couple Partnered (partner getting neither pension nor benefit) Partnered (partner getting pension or benefit) Column 3 Assets value limit Column 3A Column 3B Either person or partner homeowner Neither person nor partner homeowner $250,000 $450,000 $375,000 $575,000 $187,500 $287,500 Note 1: For member of a couple, partnered (partner getting neither pension nor benefit) and partnered (partner getting pension or benefit) see section 4.

Note 2: For homeowner see section 11.


Note 3: If item 2 applies to a person, the value of all the assets of the person’s partner is to be taken as being included in the value of the person’s assets (see subsection 734(1)—this is why the assets value limit is so high.

If, on the other hand, item 3 applies to a person, the value of the person’s assets is only half the combined value of the person’s assets and the assets of the person’s partner (see subsection 734(2)).
Note 4: If a special benefit is not payable to a person because of the value of the person’s assets, the person may be able to take advantage of provisions dealing with financial hardship (see sections 1131 and 1132).

Note 5: The assets value limits of items 1 and 3 in column 3A and item 3 in column 3B are indexed annually in line with CPI increases (see sections 1191 to 1194).
62 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 734 Note 6: Note 7: The assets value limit of item 1 in column 3B is adjusted annually (see subsection 1204(1)).

The item 2 assets value limits are adjusted annually so that they are twice the corresponding item 3 limits (see subsections 1204(2) and (3)).
734 Value of assets of members of couples (1) If: (a) the person is a member of a couple; and (b) the person’s partner: (i) is not in receipt of a social security pension, a service pension, income support supplement or a veteran payment; and (ii) is not in receipt of a social security benefit; the value of the person’s assets, or of assets of a particular kind of the person, includes the value of the partner’s assets or of assets of that kind of the partner.
Note: For social security pension see subsection 23(1).
(2) If: (a) the person is a member of a couple; and (b) the person’s partner is in receipt of: (i) a social security pension, a service pension, income support supplement or a veteran payment; or (ii) a social security benefit; the following provisions have effect: (c) the value of the person’s assets is taken to be 50% of the sum of the value of the assets of the person and the value of the assets of the person’s partner; and (d) the value of the person’s assets of a particular kind is taken to be 50% of the sum of the value of the assets of that kind of the person and the value of assets of that kind of the person’s partner.
Social Security Act 1991 63 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 735 735 Multiple entitlement exclusion (1) Special benefit is not payable to a person if the person is already receiving a service pension, income support supplement or a veteran payment.
(2) If: (a) a person is receiving special benefit; and (b) a social security pension, another social security benefit, a service pension, income support supplement or a veteran payment becomes payable to the person; the special benefit is not payable to the person.

Note 1: Note 2: Another payment type will generally not become payable to the person until the person claims it.

For social security pension and social security benefit see subsection 23(1).
(3) Special benefit is not payable to a woman if: (a) the woman is an armed services widow; and (b) the woman is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; unless: (c) the woman has been receiving a payment referred to in paragraph (b) continuously since before 1 November 1986; and (d) before 1 November 1986 the woman was also receiving a social security benefit.
Note: For armed services widow see subsection 4(1).

(4) Special benefit is not payable to a man if: (a) the man is an armed services widower; and (b) the man is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.

Note: For armed services widower see subsection 4(1).
64 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 736 (5) Special benefit is not payable to a person if: (a) the person is an armed services widow or an armed services widower; and (b) the person is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA.
Note 1: For armed services widow and armed services widower see subsection 4(1).

Note 2: For MRCA see subsection 23(1).
736 Secretary may require certain persons to attend courses or undertake work (1) If: (a) a person, other than a person who is a nominated visa holder, is receiving, or has lodged a claim for, special benefit; and (b) the Secretary is of the opinion that the person should: (i) undertake a course of vocational training; or (ii) undertake a course: (A) which the person could reasonably undertake; and (B) to which the person has been referred by the Secretary; or (iii) do any work suitable to be done by the person; and (c) the Secretary notifies the person that the person is required to: (i) undertake that course; or (ii) do that work; and (d) the person does not comply with the Secretary’s requirements; special benefit is not payable to the person for a period determined by the Secretary.
Social Security Act 1991 65 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 737 (2) The Secretary may determine that special benefit is payable for a period for which he or she had previously determined that it was not payable under subsection (1) if, within a reasonable period, the person complies with the Secretary’s requirements.
737 Full-time students (1) Subject to subsection (3), a special benefit is not payable to a person: (a) who has turned 18; or (b) who satisfies both of the following: (i) the person has not turned 16; and (ii) the person is not a SPB homeless person; if the person is enrolled in a full-time course of education or of vocational training.

Note: For SPB homeless person see section 739.
Period for which benefit not payable (2) The period for which a special benefit is not payable under subsection (1) is the period that: (a) starts when the person starts the course; and (b) finishes when the person: (i) completes the course; or (ii) abandons the course; or (iii) gives notice to the provider of the course that the person: (A) wishes to withdraw from the course; or (B) wishes to withdraw from such number of subjects that the person’s course will no longer be a full-time course; and (c) includes periods of vacation.
66 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 738 Subsection (1) does not apply in certain cases (3) Subsection (1) does not prevent a special benefit from being payable for any period during which: (a) a person is enrolled in a course of study that the Secretary has required the person to undertake under section 736; or (b) the person is engaged in a course undertaken under a Special Benefit Employment Pathway Planan employment pathway plan; or (c) the person has deferred a course of education.
738 Payments under certain education schemes (1) Subject to subsections (2) and (3), a special benefit is not payable to a person: (a) who has turned 18; or (b) who satisfies both of the following: (i) the person has not turned 16; (ii) the person is not a SPB homeless person; if a payment has been made or may be made in respect of the person for the same period under: (c) a prescribed educational scheme other than the ABSTUDY scheme to the extent that it applies to part-time students; or (d) the scheme to provide an allowance known as the Adult Migrant Education Program Living Allowance; or (e) the scheme to provide an allowance known as the Maintenance Allowance for Refugees; or (f) the scheme to provide an allowance known as the English as a Second Language Allowance to the extent that the scheme applies to full-time students.
Note 1: For prescribed educational scheme see section 5.

Note 2: For SPB homeless person see section 739.
(2) If: (a) a person may start a course of education on a full-time basis; and Social Security Act 1991 67 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 739 (b) a payment under a scheme referred to in subsection (1) may be made in respect of the person; the Secretary may decide that, in spite of subsection (1), a special benefit is payable to the person for a period before the person starts the course.
(3) If: (a) a person enrols in a full-time course of education; and (b) an application is made for a payment in respect of the person under: (ii) the ABSTUDY Schooling scheme; or (iii) the ABSTUDY Tertiary scheme; and (c) the person was receiving special benefit immediately before the start of the course; the Secretary may decide that, in spite of subsection (1), special benefit is payable to the person for the period of 3 weeks commencing on the day on which the course starts.
739 SPB homeless person For the purposes of subparagraphs 737(1)(b)(ii) and 738(1)(b)(ii), a person is an SPB homeless person if: (a) the person is not a member of a couple; and (b) the person does not have a dependent child; and (c) the person meets the conditions in subsection 1067A(9) (which is about being independent).
739A Newly arrived resident’s waiting period (1) Subject to this section, a person who, on or after the commencement of this subsection: (a) enters Australia; or (b) becomes the holder of a permanent visa; or (e) becomes the holder of a visa that is in a class of visas determined by the Minister, by legislative instrument, for the purposes of this paragraph; 68 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 739A is subject to a newly arrived resident’s waiting period.
(2) Subject to this section, if, immediately before the commencement of this subsection, a person was the holder of a visa that is in a class of visas determined by the Minister for the purposes of this subsection, the person is subject to a newly arrived resident’s waiting period.
(3) If: (a) a person is subject to a newly arrived resident’s waiting period; and (b) before, on or after the commencement of this subsection, the person applies for a visa that is in a class of visas determined by the Minister, by legislative instrument, for the purposes of this paragraph; the waiting period: (c) starts on the day on which the person applied for that visa; and (d) ends when the person has been in Australia for a period of, or periods totalling, 208 weeks after that day.
(4) If: (a) a person is subject to a newly arrived resident’s waiting period; and (b) before, on or after the commencement of this subsection, the person was the holder of a visa that is in a class of visas determined by the Minister, by legislative instrument, for the purposes of this paragraph; the period: (c) starts on the day on which the person applied for that visa; and (d) ends when the person has been in Australia for a period of, or periods totalling, 208 weeks after that day.
(5) If: (a) a person is subject to a newly arrived resident’s waiting period; and Social Security Act 1991 69 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 739A (b) neither subsection (3) nor (4) apply to the person; the waiting period starts on the day on which the person: (c) first entered Australia; or (d) becomes the holder of a permanent visa; whichever occurs last, and ends on the day after the person has been in Australia for a period of, or periods totalling, 208 weeks after that day.
(6) Neither subsection (1) nor (2) applies to a person if the person holds, or was the former holder of, a visa in a class of visas determined by the Minister, by legislative instrument, for the purposes of this subsection.

(7) Neither subsection (1) nor (2) apply to a person if the person, in the Secretary’s opinion, has suffered a substantial change in circumstances beyond the person’s control after the person first entered Australia.

Note: For permanent visa see subsection 7(1).
(8) Neither subsection (1) nor (2) applies to a person if: (a) the person is a refugee, or a former refugee, at the time the person made the claim for a special benefit; or (b) the following apply: (i) before the person made the claim for a special benefit, the person was a family member of another person at the time the other person became a refugee; (ii) the person is a family member of that other person at the time the person made the claim for a special benefit or, if that other person has died, the person was a family member of that other person immediately before that other person died; or (c) the person is an Australian citizen at the time the person made the claim for a special benefit.
(9) For the purposes of subsection (8): (a) family member has the meaning given by subsection 7(6D); and 70 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 739B (b) former refugee has the meaning given by subsection 7(1); and (c) refugee has the meaning given by subsection 7(6B).
739B Secretary to act in accordance with guidelines The Secretary must exercise the powers under subsection 739A(7), in accordance with guidelines from time to time in force under section 739C.

739C Guidelines for exercise of Secretary’s powers under subsection 739A(7) The Minister, by legislative instrument: (a) is to set guidelines for the exercise of the Secretary’s powers under subsection 739A(7); and (b) may revoke or vary those guidelines.
Subdivision D—Situations where special benefit not payable to persons who are nominated visa holders (administrative breaches) 745H Situations where special benefit not payable for failure to comply with certain requirements Special benefit is not payable to a person who is a nominated visa holder if the person refuses or fails, without reasonable excuse, to comply with a requirement made of the person under section 67, 68 or 192 of the Administration Act.
Social Security Act 1991 71 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 745L Subdivision E—Activities that do not give rise to employment under certain industrial relations legislation 745L Activities that do not give rise to employment under certain industrial relations legislation A person who is a nominated visa holder is not to be taken to be one of the following merely because the person participates in an approved program of work for income support payment, or undertakes an activity (other than suitable paid work), in accordance with a term (including an optional term) of a Special Benefit Employment Pathway Plan under section 731M: (a) a worker carrying out work in any capacity for the Commonwealth, or an employee of the Commonwealth, for the purposes of the Work Health and Safety Act 2011; (b) an employee within the meaning of section 5 of the Safety, Rehabilitation and Compensation Act 1988; (c) an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992; (d) an employee for the purposes of the Fair Work Act 2009.
Subdivision F—Other situations where special benefit not payable to persons who are nominated visa holders 745M Seasonal workers (1) This section applies if, at any time during the 6 months immediately before the day on which a person who is a nominated visa holder lodges a claim for special benefit, the person or, if the person is a member of a couple, the person or the person’s partner, has been engaged in seasonal work within the meaning of subsection 16A(1).
(2) Special benefit is not payable to the person: (a) if the person is subject to a seasonal work preclusion period within the meaning of subsection 16A(1) (whether in relation to the claim referred to in subsection (1) or any other claim 72 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Qualification for and payability of special benefit Division 1 Section 745N under this Act) and the Secretary has not made a determination under subsection (3) in relation to the person— for the person’s seasonal work preclusion period; or (b) if the Secretary has made a determination under subsection (3) in relation to the person—for that part (if any) of the person’s seasonal work preclusion period to which the person is subject as a result of the determination.
(3) If the Secretary is satisfied that a person is in severe financial hardship within the meaning of subsection 19C(2) or (3), whichever is appropriate, because the person has incurred unavoidable or reasonable expenditure within the meaning of subsection 19C(4) while the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act): (a) the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and (b) the determination has effect accordingly.
745N Move to area of lower employment prospects (1) Subject to subsection (3), if, in the opinion of the Secretary, a person who is a nominated visa holder has reduced his or her employment prospects by moving to a new place of residence without sufficient reason, special benefit is not payable to the person for 26 weeks.
(2) Subsection (1) extends to a person who makes a claim for special benefit on or after the day on which the person moved to the new place of residence and before the end of the period referred to in that subsection.
(3) If a person to whom special benefit is not payable under subsection (1) for a period of 26 weeks (including that subsection as it applies by virtue of subsection (2)) does either of the following during that period: Social Security Act 1991 73 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 1 Qualification for and payability of special benefit Section 745N (a) moves back to the place of residence (the original place of residence) the movement from which resulted in special benefit not being payable to him or her; (b) moves to another place of residence a movement to which from the original place of residence would not have resulted in special benefit not being payable to him or her; the period of 26 weeks ends at the time of the movement back to the original place of residence or the movement to the other place of residence, as the case may be.
(4) For the purposes of subsection (1), a person has a sufficient reason for moving to a new place of residence if and only if the person: (a) moves to live with a family member who has already established his or her residence in that place of residence; or (b) moves to live near a family member who has already established residence in the same area; or (c) satisfies the Secretary that the move is necessary for the purposes of treating or alleviating a physical disease or illness suffered by the person or by a family member; or (d) satisfies the Secretary that the person has moved from his or her original place of residence because of an extreme circumstance which made it reasonable for the person to move to the new place of residence (for example, the person had been subjected to domestic or family violence in the original place of residence).
(5) The Secretary may determine in writing the day on which the period of non-payment imposed by subsection (1) commences and that day may be before the day of the determination.
74 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Rate of special benefit Division 4 Section 746 Division 4—Rate of special benefit 746 Rate of special benefit (1) The rate of a person’s special benefit is the fortnightly rate determined by the Secretary in his or her discretion.
(2) The rate of a person’s special benefit is not to exceed the rate at which youth allowance, austudy payment or jobseeker payment would be payable to the person if: (a) the person were qualified for youth allowance, austudy payment or jobseeker payment; and (b) youth allowance, austudy payment or jobseeker payment were payable to the person.
(3) In working out, for the purposes of subsection (2), the rate at which youth allowance would be payable to a person, disregard any amount by which the rate would be increased because of point 1067G-B3A or 1067G-D1 of the Youth Allowance Rate Calculator.

(4) In working out, for the purposes of subsection (2), the rate at which jobseeker payment would be payable to a person, disregard any amount by which the rate would be increased because of point 1068-B5 of Benefit Rate Calculator B.
747 Approved program of work supplement for persons who are nominated visa holders If a person who is a nominated visa holder: (a) is receiving special benefit; and (b) is participating in an approved program of work for income support payment; the rate of the person’s special benefit is increased by an amount of $20.80, to be known as the approved program of work supplement, for each fortnight during which the person participates in the program unless, during that fortnight, the person subsequently Social Security Act 1991 75 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 4 Rate of special benefit Section 747 ceases to participate in the program in circumstances that constitute: (c) a failure of the activity test to which the person is subject; or (d) a failure to comply with a requirement in a Special Benefit Employment Pathway Plan that is in force in relation to the person.
747 Approved program of work supplement for persons who are nominated visa holders If a person who is a nominated visa holder: (a) is receiving special benefit; and (b) is participating in an approved program of work for income support payment; the rate of the person’s special benefit is increased by an amount of $20.80, to be known as the approved program of work supplement, for each fortnight during which the person participates in the program.
759 Effect of industrial action on rate of special benefit payable to persons who are nominated visa holders (1) If: (a) a person who is a nominated visa holder is receiving special benefit; and (b) while the person is receiving that benefit the person becomes engaged in industrial action, or in a series of industrial actions, that leads to the person’s unemployment or to a decrease in the person’s level of income; the rate of special benefit payable to the person is to be determined as if the person had continued, for the period of that industrial action, to be employed and to receive income at the level at which it would have been received if the person had not engaged in that action.
(2) Subsection (1) does not apply in relation to a person if the Secretary is satisfied: 76 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Rate of special benefit Division 4 Section 759 (a) that the person’s unemployment or the effect on the person’s level of income was due to other people being, or having been, engaged in industrial action or in a series of industrial actions; and (b) the people or some of the people were members of a trade union that was involved in the industrial action; and (c) the person was not a member of the trade union during the period of the industrial action.
(3) Subject to subsection (4), subsections (1) and (2) do not affect the rate of special benefit payable to a person in respect of a period that occurs after the relevant industrial action or series of industrial actions has stopped.
(4) If the relevant industrial action or series of industrial actions is in breach of an order, direction or injunction issued by: (a) a prescribed State industrial authority within the meaning of the Fair Work Act 2009; or (b) the Fair Work Commission or the Australian Industrial Relations Commission; or (c) the Federal Court of Australia; or (d) the Federal Circuit Court of Australia; the rate of special benefit payable to a person is to continue to be determined in accordance with subsection (1) but subject to subsection (2) until the end of a period of 6 weeks after the relevant industrial action or series of industrial actions has stopped.
Social Security Act 1991 77 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 9 Bereavement payments Section 768A Division 9—Bereavement payments Subdivision AA—Death of partner 768A Qualification for payments under this Subdivision (1) If: (a) a person is receiving a special benefit; and (b) the person is a long-term social security recipient; and (c) the person is a member of a couple; and (d) the person’s partner dies; and (e) immediately before the partner died, the partner: (i) was receiving a social security pension; or (ii) was receiving a service pension, income support supplement or a veteran payment; or (iii) was a long-term social security recipient; and (f) on the person’s payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of: (i) the amount that would otherwise be payable to the person under section 768D (person’s continued rate) on that payday; and (ii) the amount (if any) that would otherwise be payable to the person, under section 768B (continued payment of partner’s pension or benefit) on the partner’s payday immediately before the first available bereavement adjustment payday; the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: Section 768B provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person’s partner during that period if the partner had not died.
Note 2: Section 768C provides for a lump sum that represents the instalments that would have been paid to the person’s partner, between the first 78 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Bereavement payments Division 9 Section 768B available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.
Note 3: For long-term social security recipient see subsection 23(1).

(2) A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.

(3) An election under subsection (2): (a) must be made by written notice to the Secretary; and (b) may be made after the person has been paid an amount or amounts under this Subdivision; and (c) cannot be withdrawn after the Department has taken all the action required to give effect to that election.
(4) If a person is qualified for payments under this Subdivision in relation to the partner’s death, the rate at which special benefit is payable to the person during the bereavement period is, unless the person has made an election under subsection (2), governed by section 768D.
768B Continued payment of partner’s pension or benefit If a person is qualified for payments under this Subdivision in relation to the death of the person’s partner, there is payable to the person, on each of the partner’s paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the partner on that payday if the partner had not died.
768C Lump sum payable in some circumstances If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) the first available bereavement adjustment payday occurs before the end of the bereavement period; there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.
Social Security Act 1991 79 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 9 Bereavement payments Section 768C LUMP SUM CALCULATOR This is how to work out the amount of the lump sum: Method statement Step 1.
Add up: (a) (b) the amount that, if the person’s partner had not died, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday; and the amount (if any) that, if the partner had not died, would have been payable to the partner on the partner’s payday immediately before the first available bereavement adjustment payday; the result is called the combined rate.

Step 2.
Step 2.

Work out the amount that, but for section 768D, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday: the result is called the person’s individual rate.

Step 3.

Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 4.

Work out the number of the partner’s paydays in the bereavement lump sum period.

Step 5.
Step 5.

Multiply the partner’s instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable to the person under this section.
80 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Bereavement payments Division 9 Section 768D 768D Adjustment of a person’s special benefit rate If: (a) a person is qualified for payments under this Subdivision; and (b) the person does not elect under subsection 768A(2) not to receive payments under this Subdivision; the rate of the person’s special benefit during the bereavement period is worked out as follows: (c) during the bereavement rate continuation period, the rate of special benefit payable to the person is the rate at which the allowance would have been payable to the person if the person’s partner had not died; (d) during the bereavement lump sum period (if any), the rate at which special benefit is payable to the person is the rate at which the allowance would be payable to the person apart from this Subdivision.
768E Effect of death of person entitled to payments under this Subdivision If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) the person dies within the bereavement period; and (c) the Secretary does not become aware of the death of the person’s partner before the person dies; there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.
Social Security Act 1991 81 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 9 Bereavement payments Section 768E LUMP SUM CALCULATOR This is how to work out the amount of the lump sum: Method statement Step 1.
Add up: (a) (b) the amount that, if neither the person nor the person’s partner had died, would have been payable to the person on the person’s payday immediately after the day on which the person dies; and the amount (if any) that, if neither the person nor the person’s partner had died, would have been payable to the person’s partner on the partner’s payday immediately after the day on which the person died; the result is called the combined rate.

Step 2.
Step 2.

Work out the amount that, but for section 768D, would have been payable to the person on the person’s payday immediately after the day on which the person died if the person had not died: the result is called the person’s individual rate.

Step 3.

Take the person’s individual rate away from the combined pensioner couple rate: the result is called the partner’s instalment component.

Step 4.
Step 4.

Work out the number of paydays of the partner in the period that commences on the day on which the person dies and ends on the day on which the bereavement period ends.

82 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special benefit Part 2.15 Bereavement payments Division 9 Section 768F Step 5.
Multiply the partner’s instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable under this section.
768F Matters affecting payments under this Subdivision (1) If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) after the person’s partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act; and (c) the Secretary is not satisfied that the person has not had the benefit of that amount; the following provisions have effect: (d) the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person’s partner, except to the extent (if any) that the amount exceeds the amount payable to the person under this Subdivision; (e) the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b).
(2) If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) the amount to which the person’s partner would have been entitled if the person’s partner had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and (c) the bank pays to the person, out of the account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b); Social Security Act 1991 83 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15 Special benefit Division 9 Bereavement payments Section 768F the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person’s partner or anyone else in respect of the payment of that money to the person.
84 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Partner allowance Part 2.15A Application of Part Division 1A Section 771 Part 2.15A—Partner allowance Division 1A—Application of Part 771 Time limits on claims for partner allowance (1) In spite of any other provisions of this Act or of the Administration Act, a person is not to be granted a partner allowance under this Part unless: (a) the person’s claim for the allowance: (i) was lodged before 20 September 2003; or (ii) is taken, because of the operation of section 13 or 15 of the Administration Act, to have been made before 20 September 2003; and (b) the person was qualified for the allowance: (i) in a case to which subparagraph (a)(i) applies—on the date of lodgment of the claim; and (ii) in a case to which subparagraph (a)(ii) applies—on the date the person is taken to have made the claim.
(2) Subsection (1) does not imply that a person making a claim in the circumstances referred to in subsection 35(1) of the Administration Act before 20 September 2003 will be granted a partner allowance if the date from which the allowance would be payable to that person under subsection 37(7) of that Act would be 20 September 2003 or a later date.

(3) Nothing in this section affects the operation of section 85 of the Administration Act.
Social Security Act 1991 85 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15A Partner allowance Division 1 Qualification for and payability of partner allowance Section 771HA Division 1—Qualification for and payability of partner allowance Subdivision A—Qualification for partner allowance 771HA Qualification for partner allowance (1) Subject to subsections (1A) and (3), and section 771HB, a person is qualified for a partner allowance in respect of a period if: (a) throughout the period, the person is a member of a couple; and (b) throughout the period, the person’s partner is at least 21; and (c) the person’s partner is receiving: (i) youth allowance, austudy payment, jobseeker payment, special benefit, age pension, disability support pension, service pension, income support supplement or veteran payment; or (ii) assistance under a Student Financial Supplement Scheme or an income tested living allowance under an Aboriginal study assistance scheme; and (d) throughout the period, the person is an Australian resident; and (e) the person was born on or before 1 July 1955; and (f) the person is not qualified for parenting payment at any time during the period; and (h) the person does not have recent workforce experience.
Note 1: For member of a couple see section 4.

Note 2: For Australian resident see section 7.

(1A) If the Secretary determines under section 36 of the Administration Act that a person’s claim for partner allowance is to be granted, the person’s partner need not satisfy the requirements of paragraph (1)(c) in order for the person to remain qualified for the allowance.
86 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Partner allowance Part 2.15A Qualification for and payability of partner allowance Division 1 Section 771HA (1B) For the purposes of paragraph (1)(c), the person’s partner is taken to be receiving jobseeker payment if the person’s partner would be receiving jobseeker payment except for: (a) the application of a compliance penalty period; or (b) the application of a period of non-payment under section 634.
Note: For compliance penalty period see subsection 23(1).

(1BA) For the purposes of paragraph (1)(c), the person’s partner is taken to be receiving youth allowance if the person’s partner would be receiving youth allowance except for: (a) the application of a compliance penalty period; or (b) the application of an employment-related exclusion under section 553A or 553B.

Note: For compliance penalty period see subsection 23(1).
(1BB) For the purposes of paragraph (1)(c), the person’s partner is taken to be receiving austudy payment if the person’s partner would be receiving austudy payment except for the application of a compliance penalty period.

Note: For compliance penalty period see subsection 23(1).
(1C) For the purposes of paragraph (1)(h), recent workforce experience is employment of 20 hours or more a week for a total of 13 weeks or more at any time during the 12 months immediately before the day the person lodged the claim for the allowance.
Person subject to waiting period or non-payment period (3) If youth allowance, austudy payment or jobseeker payment is not payable to a person because: (a) the person is serving a waiting period; or (b) a compliance penalty period applies to the person; or (ba) a period of non-payment applies to the person under section 634; or (c) the person is subject to an employment-related exclusion for a period under section 553B or 553C; Social Security Act 1991 87 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15A Partner allowance Division 1 Qualification for and payability of partner allowance Section 771HB the person is not qualified for a partner allowance throughout the period.
Note 1: For waiting period see subsection 23(1).

Note 2: For compliance penalty period see subsection 23(1).

771HB Unemployment due to industrial action (1) If a person is unemployed during a period, the person is not qualified for a partner allowance in respect of the period unless the Secretary is satisfied that the person’s unemployment during the period was not due to the person being, or having been, engaged in industrial action or a series of industrial actions.
(2) For the purposes of subsection (1) and without limiting that subsection, a person is to be taken not to be, or to have been, engaged in industrial action or in a series of industrial actions if the Secretary is satisfied: (a) the person’s unemployment was due to other people being, or having been, engaged in industrial action or in a series of industrial actions; and (b) the people, or some of the people, were members of a trade union which was involved in the industrial action; and (c) the person was not a member of the trade union during the period.
(3) Subject to subsection (4), subsection (1) does not prevent a person from being qualified for a partner allowance in respect of a period that occurs after the relevant industrial action or series of industrial actions has stopped.

Note: For industrial action, trade union and unemployment see section 16.
(4) Where the relevant industrial action or series of industrial actions is in breach of an order, direction or injunction issued by: (a) a prescribed State industrial authority within the meaning of the Fair Work Act 2009; or (b) the Fair Work Commission or the Australian Industrial Relations Commission; or 88 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Partner allowance Part 2.15A Qualification for and payability of partner allowance Division 1 Section 771HC (c) the Federal Court of Australia; or (d) the Federal Circuit Court of Australia; a person is not qualified for a partner allowance in respect of a period unless that period occurs 6 weeks or more after the relevant industrial action or series of industrial actions has stopped.
Subdivision B—Payability of partner allowance 771HC Partner allowance not payable if allowance rate nil (1) Subject to subsection (2), a partner allowance is not payable to a person if the person’s partner allowance rate would be nil.
(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because: (a) an election by the person under subsection 915A(1) (about quarterly energy supplement) or 1061VA(1) (about quarterly pension supplement) is in force; or (b) the person has been paid an advance pharmaceutical allowance under the social security law.
771HF Assets test—allowance not payable if assets value limit exceeded (1) A partner allowance is not payable to a person if the value of the person’s assets exceeds the person’s assets value limit.

Note: The value of the person’s assets is only half the combined value of the person’s assets and the assets of the person’s partner (see subsection (3)).

(2) A person’s assets value limit is worked out using the following Table: Assets value limit table Column 1 Column 2 Person’s situation Item 1.
Column 3 Assets value limit Person or partner a homeowner $187,500 Social Security Act 1991 89 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15A Partner allowance Division 1 Qualification for and payability of partner allowance Section 771HI Assets value limit table Column 1 Column 2 Item 2.

Person’s situation Neither person nor partner a homeowner Note 1: For homeowner see section 11.
Column 3 Assets value limit $287,500 Note 2: The assets value limits in column 3 are indexed annually in line with CPI increases (see sections 1191 to 1194).

(3) The value of the person’s assets is taken to be 50% of the sum of the value of the assets of the person and the value of the assets of the person’s partner.

(4) The amounts in column 3 of the Assets Value Limit Table are to be indexed on 1 July 1994 as if this section and items 79A and 79B of Schedule 2 had commenced on 30 June 1993.
771HI Multiple entitlement exclusion (1) A partner allowance is not payable to a person if the person is already receiving a service pension or a veteran payment.

(2) If: (a) a person is receiving a partner allowance; and (b) a social security pension, another social security benefit, a service pension or a veteran payment becomes payable to the person; a partner allowance is not payable to the person.

Note: Another payment type will generally not become payable to the person until the person claims it.
(3) A partner allowance is not payable to a person if the person is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.
90 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Partner allowance Part 2.15A Qualification for and payability of partner allowance Division 1 Section 771HJ (4) A partner allowance is not payable to a person if the person is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA.
Note: For MRCA see subsection 23(1).

771HJ Educational schemes exclusion A partner allowance is not payable to a person for a period if the person is receiving a payment for that period under: (b) the ABSTUDY Scheme; or (c) a Student Financial Supplement Scheme.
771HK Maximum basic rate and remote area allowance not payable to CDEP Scheme participant The maximum basic rate, and the remote area allowance, of partner allowance for a period are not payable to a person who is a CDEP Scheme participant in respect of the whole or a part of the period.

Note 1: For remote area allowance see Module J of Benefit Rate Calculator B.

Note 2: For CDEP Scheme participant see subsection 23(1).
771HNA Newly arrived resident’s waiting period (1) Subject to this section, a person who: (a) has entered Australia; and (b) has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks; is subject to a newly arrived resident’s waiting period.

(2) Subsection (1) does not apply to a person who has a qualifying residence exemption for a partner allowance.

Note: For qualifying residence exemption in relation to partner allowance, see paragraph 7(6AA)(f).
Social Security Act 1991 91 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15A Partner allowance Division 1 Qualification for and payability of partner allowance Section 771HNB (3) Subsection (1) does not apply to a person if: (a) the person is a refugee, or a former refugee, at the time the person made the claim for a partner allowance; or (b) the following apply: (i) before the person made the claim for a partner allowance, the person was a family member of another person at the time the other person became a refugee; (ii) the person is a family member of that other person at the time the person made the claim for a partner allowance or, if that other person has died, the person was a family member of that other person immediately before that other person died; or (c) the person is an Australian citizen at the time the person made the claim for a partner allowance.
(4) For the purposes of subsection (3): (a) family member has the meaning given by subsection 7(6D); and (b) former refugee has the meaning given by subsection 7(1); and (c) refugee has the meaning given by subsection 7(6B).

771HNB Duration of newly arrived resident’s waiting period (1) If a person is subject to a newly arrived resident’s waiting period, the period starts on the day the person first became an Australian resident.
(3) The newly arrived resident’s waiting period ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.

771HNC Seasonal workers (1) This section applies if, at any time during the 6 months immediately before the day on which a person lodges a claim for partner allowance, the person, or the person’s partner, has been engaged in seasonal work.
92 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Partner allowance Part 2.15A Qualification for and payability of partner allowance Division 1 Section 771HNC Note: For seasonal work see subsection 16A(1).
(2) Partner allowance is not payable to the person: (a) if the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act) and the Secretary has not made a determination under subsection (3) in relation to the person—for the person’s seasonal work preclusion period; or (b) if the Secretary has made a determination under subsection (3) in relation to the person—for that part (if any) of the person’s seasonal work preclusion period to which the person is subject as a result of the determination.
Note: For seasonal work preclusion period see subsection 16A(1).
(3) If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act): (a) the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and (b) the determination has effect accordingly.
Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple).

Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).
Social Security Act 1991 93 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15A Partner allowance Division 4 Rate of partner allowance Section 771KA Division 4—Rate of partner allowance 771KA Rate of partner allowance if partner is not receiving special benefit If section 771KE does not apply to a person, the person’s rate of partner allowance is worked out using the Benefit Rate Calculator B at the end of section 1068.
771KE Rate of partner allowance if partner receiving special benefit (1) If a person’s partner is receiving a special benefit, the person’s rate of partner allowance is the fortnightly rate determined by the Secretary in his or her discretion.
(2) The rate of a person’s partner allowance is not to exceed the rate at which youth allowance, austudy payment or jobseeker payment would be payable to the person if: (a) the person were qualified for youth allowance, austudy payment or jobseeker payment; and (b) youth allowance, austudy payment or jobseeker payment were payable to the person.
771KN CDEP Scheme participant may accumulate partner allowance (1) A person who is a CDEP Scheme participant in respect of the whole or a part of a quarter may, by written notice given to the Secretary, choose to accumulate the amounts of any partner allowance that become payable to the person in respect of that quarter, or any later quarter in respect of the whole or a part of which the person is a CDEP Scheme participant, and have not already been paid.
(2) If a person to whom subsection (1) applies makes a choice under that subsection, the sum of the accumulated amounts payable to the person in respect of a quarter is to be paid on, or as soon as practicable after, the first payday after: 94 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Partner allowance Part 2.15A Rate of partner allowance Division 4 Section 771KN (a) unless paragraph (b) applies, the last day of the quarter; or (b) if the person ceases to be a CDEP Scheme participant before the end of the quarter—the day on which the person so ceases.
(3) In this section: quarter means a CDEP Scheme quarter.

Note 1: For CDEP Scheme participant see section 1188B.

Note 2: For CDEP Scheme quarter see subsection 23(1).
Social Security Act 1991 95 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15A Partner allowance Division 9 Bereavement payments Section 771NT Division 9—Bereavement payments Subdivision A—Surviving partner and deceased partner defined 771NT Surviving partner and deceased partner If: (a) a person is receiving partner allowance; and (b) the person’s partner dies; then, for the purposes of this Division: (c) the person is the surviving partner; and (d) the person’s partner is the deceased partner.
Subdivision B—Person to continue to receive partner allowance where person’s partner dies 771NU Continuation of partner allowance for bereavement period (1) If: (a) a person is receiving partner allowance; and (b) the person’s partner dies; and (c) immediately before the deceased partner died: (i) if the deceased partner was receiving a social security pension, a service pension, income support supplement or a veteran payment—the surviving partner was a long-term social security recipient; or (ii) if the deceased partner was receiving a social security benefit or a job search allowance—each partner was a long-term social security recipient; the surviving partner remains qualified for partner allowance during the bereavement period as if: (d) the deceased partner had not died; and 96 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Partner allowance Part 2.15A Bereavement payments Division 9 Section 771NU (e) the deceased partner had continued to receive jobseeker payment, special benefit, age pension, disability support pension, service pension or income support supplement; and (f) the surviving partner and the deceased partner had continued to be members of a couple.
Rate of partner allowance during bereavement rate continuation period (2) The surviving partner’s partner allowance rate during the bereavement rate continuation period is the rate of the partner allowance that would have been payable to the surviving partner if: (a) the deceased partner had not died; and (b) if the couple had been an illness separated couple or a respite care couple—they had not been such a couple.
Rate of partner allowance during the bereavement lump sum period (3) The surviving partner’s partner allowance rate during the bereavement lump sum period (if any) is worked out as follows: (aa) if the deceased partner was receiving a youth allowance or an austudy payment immediately before he or she died, the rate of partner allowance is the rate at which a partner allowance would have been payable to the surviving partner if: (i) the surviving partner had been qualified for youth allowance or austudy payment (as the case may be); and (ii) the surviving partner was not a member of a couple; (b) if the deceased partner was receiving jobseeker payment immediately before he or she died, the rate of partner allowance is the rate at which jobseeker payment would have been payable to the surviving partner if: (i) the surviving partner had been qualified for jobseeker payment; and (ii) the surviving partner was not a member of a couple; (d) if the deceased partner was receiving special benefit immediately before he or she died, the rate of partner Social Security Act 1991 97 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15A Partner allowance Division 9 Bereavement payments Section 771NV allowance is the rate at which special benefit would have been payable to the surviving partner if: (i) the surviving partner had been qualified for special benefit; and (ii) the surviving partner was not a member of a couple; (e) if the deceased partner was receiving age pension or disability support pension immediately before he or she died, the rate of partner allowance is the rate at which jobseeker payment would have been payable to the surviving partner if: (i) the surviving partner had been qualified for jobseeker payment; and (ii) the surviving partner was not a member of a couple.
Note 1: For long-term social security recipient see subsection 23(1).

Note 2: For bereavement period, bereavement rate continuation period and bereavement lump sum period see section 21.
Subdivision C—Bereavement payments for person receiving partner allowance following death of the person’s partner 771NV Qualification for payments under this Subdivision (1) If: (a) a person is receiving partner allowance; and (b) the person’s partner dies; and (c) immediately before the deceased partner died, the deceased partner was a long term social security recipient; the surviving partner is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: Section 771NW provides for the payment to the surviving partner, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the deceased partner during that period if the partner had not died.
Note 2: Section 771NX provides for a lump sum that represents the instalments that would have been paid to the surviving partner, 98 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Partner allowance Part 2.15A Bereavement payments Division 9 Section 771NW between the first available bereavement adjustment payday and the end of the bereavement period, if the deceased partner had not died.
(2) A surviving partner who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.

(3) An election under subsection (2): (a) must be made by written notice to the Secretary; and (b) may be made after the surviving partner has been paid an amount or amounts under this Subdivision; and (c) cannot be withdrawn after the Department has taken all the action required to give effect to that election.
771NW Continued payment of deceased partner’s benefit If a surviving partner is qualified for payments under this Subdivision in relation to the death of the deceased partner, there is payable to the surviving partner, on each of the deceased partner’s paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the deceased partner on that payday if he or she had not died.
771NX Lump sum payable in some circumstances (1) If: (a) a surviving partner is qualified for payments under this Subdivision in relation to the death of the deceased partner; and (b) the first available bereavement adjustment payday occurs before the end of the bereavement period; there is payable to the surviving partner as a lump sum an amount worked out using the following Lump Sum Calculator: Social Security Act 1991 99 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15A Partner allowance Division 9 Bereavement payments Section 771NX LUMP SUM CALCULATOR This is how to work out the amount of the lump sum: Method statement Step 1.
Work out the amount that would have been payable to the surviving partner on the surviving partner’s payday immediately before the first available bereavement adjustment payday if: (a) the deceased partner had not died; and (b) Note: if immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

For illness separated couple and respite care couple see subsections 4(7) and 4(8) respectively.

Step 2.
Step 2.

Work out the amount that would have been payable to the deceased partner on the deceased partner’s payday immediately before the first available bereavement adjustment payday if: (a) the deceased partner had not died; and (b) Note: if immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

For illness separated couple and respite care couple see subsections 4(7) and 4(8) respectively.

Step 3.
Step 3.

Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4.

Work out the surviving partner’s notional rate using subsection (2), (2A), (3), (5) or (6) (whichever applies).
100 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Partner allowance Part 2.15A Bereavement payments Division 9 Section 771NX Note: The subsection that you use depends on whether the deceased partner was receiving a job search allowance, jobseeker payment, special benefit, age pension or disability support pension before he or she died.

Step 5.
Step 5.

Take the surviving partner’s notional rate away from the combined rate: the result is called the deceased partner’s instalment component.

Step 6.

Work out the number of the deceased partner’s paydays in the bereavement lump sum period.

Step 7.

Multiply the deceased partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable to the surviving partner under this section.
Deceased partner receiving youth allowance or austudy payment (2A) If, immediately before the deceased partner died, he or she was receiving youth allowance or austudy payment, the surviving partner’s notional rate is the amount of youth allowance or austudy payment that would have been payable to the surviving partner on the surviving partner’s pay day immediately before the first available bereavement adjustment pay day if: (a) a youth allowance or an austudy payment had been payable to the surviving partner on that pay day; and (b) the surviving partner was not a member of a couple on that pay day.
Deceased partner receiving jobseeker payment (3) If, immediately before the deceased partner died, he or she was receiving jobseeker payment, the surviving partner’s notional rate is the amount of jobseeker payment that would have been payable to the surviving partner on the surviving partner’s payday immediately before the first available bereavement adjustment payday if: Social Security Act 1991 101 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15A Partner allowance Division 9 Bereavement payments Section 771NY (a) a jobseeker payment had been payable to the surviving partner on that payday; and (b) the surviving partner was not a member of a couple on that payday.
Deceased partner receiving special benefit (5) If, immediately before the deceased partner died, he or she was receiving special benefit, the surviving partner’s notional rate is the amount of special benefit that would have been payable to the surviving partner on the surviving partner’s payday immediately before the first available bereavement adjustment payday if: (a) a special benefit had been payable to the surviving partner on that payday; and (b) the surviving partner was not a member of a couple on that payday.
Deceased partner receiving other social security payment (6) If, immediately before the deceased partner died, he or she was receiving age pension or disability support pension, the surviving partner’s notional rate is the amount of jobseeker payment that would have been payable to the surviving partner on the surviving partner’s payday immediately before the first available bereavement adjustment payday if: (a) jobseeker payment had been payable to the surviving partner on that payday; and (b) the surviving partner was not a member of a couple on that payday.
771NY Effect of death of surviving partner If: (a) a surviving partner is qualified for payments under this Subdivision in relation to the death of the deceased partner; and (b) the surviving partner dies within the bereavement period; and 102 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Partner allowance Part 2.15A Bereavement payments Division 9 Section 771NY (c) the Secretary does not become aware of the death of the deceased partner before the surviving partner dies; there is payable as a lump sum, to any person that the Secretary thinks appropriate, an amount worked out using the following Lump Sum Calculator: LUMP SUM CALCULATOR This is how to work out the amount of the lump sum: Method statement Step 1.
Work out the amount that would have been payable to the surviving partner on the surviving partner’s payday immediately after the day on which the surviving partner died if: (a) (b) neither the surviving partner nor the deceased partner had died; and if immediately before the deceased partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Note: For illness separated couple and respite care couple see subsections 4(7) and 4(8) respectively.

Step 2.
Step 2.

Work out the amount that would have been payable to the deceased partner on the surviving partner’s payday immediately after the day on which the surviving partner died if: (a) (b) neither the surviving partner nor the deceased partner had died; and if immediately before the deceased partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Note: For illness separated couple and respite care couple see subsections 4(7) and 4(8) respectively.
Social Security Act 1991 103 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.15A Partner allowance Division 9 Bereavement payments Section 771NZ Step 3.

Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4.
Step 4.

Work out the amount that, but for section 771NU, would have been payable to the surviving partner on the surviving partner’s payday immediately after the day on which the surviving partner died if he or she had not died: the result is called the surviving partner’s individual rate.

Step 5.

Take the surviving partner’s individual rate away from the combined rate: the result is called the deceased partner’s instalment component.

Step 6.
Step 6.

Work out the number of the surviving partner’s paydays in the period that commences on the day on which the surviving partner dies and ends on the day on which the bereavement period ends.

Step 7.

Multiply the deceased partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section.
771NZ Matters affecting payments under this Subdivision (1) If: (a) the surviving partner is qualified for payments under this Subdivision; and (b) after the deceased partner died, an amount to which the deceased partner would have been entitled if he or she had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act; and (c) the Secretary is not satisfied that the surviving partner had not had the benefit of that amount; the following provisions have effect: (d) the amount referred to in paragraph (b) is not recoverable from the surviving partner or from the personal 104 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Partner allowance Part 2.15A Bereavement payments Division 9 Section 771NZAA representative of the deceased partner, except to the extent (if any) that the amount exceeds the amount payable to the surviving partner under this Subdivision; (e) the amount payable to the surviving partner under this Subdivision is to be reduced by the amount referred to in paragraph (b).
(2) If: (a) the surviving partner is qualified for payments under this Subdivision; and (b) an amount to which the deceased partner would have been entitled if the deceased partner had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and (c) the bank pays to the surviving partner, out of that account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b); the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the deceased partner or anyone else in respect of the payment of that money to the surviving partner.
Subdivision D—Bereavement payment in respect of former CDEP Scheme participant 771NZAA Calculation of bereavement payment in respect of former CDEP Scheme participant If a benefit becomes payable under this Division in respect of a person who was a CDEP Scheme participant in respect of the day on which the benefit becomes payable, the amount of the benefit is to be the amount that would have been the amount of the benefit if section 771HK had not been enacted.
Note: For CDEP Scheme participant see section 1188B.
Social Security Act 1991 105 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.16 Special needs pensions Division 1A Time limit on grant of special needs wife pension Section 771P Part 2.16—Special needs pensions Division 1A—Time limit on grant of special needs wife pension 771P Special needs wife pension not to be granted after 30 June 1995 (1) In spite of any other provision of this Part or any provision of the Administration Act, other than section 85, a woman is not to be granted a special needs wife pension unless: (a) her claim for the pension is lodged on or before 30 June 1995; and (b) she qualifies for the pension on or before 30 June 1995.
(2) For the purposes of paragraph (1)(a), if section 15 of the Administration Act applies, the woman is taken to have lodged her claim on the day on which she makes her initial claim.

(3) In subsection (2): initial claim has the same meaning as in section 15 of the Administration Act.
106 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special needs pensions Part 2.16 Time limit on grant of other special needs pensions Division 1B Section 771PA Division 1B—Time limit on grant of other special needs pensions 771PA Special needs pensions not to be granted after 20 September 2000 In spite of any other provision of this Part, a person is not to be granted a special needs age pension or special needs disability pension unless: (a) the person’s claim for the pension is lodged, or is taken to have been lodged, on or before 20 September 2000; and (b) the person qualifies for the pension on or before 20 September 2000.
Social Security Act 1991 107 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.16 Special needs pensions Division 1 Qualifications for and payability of special needs pensions Section 772 Division 1—Qualifications for and payability of special needs pensions Subdivision A—Qualification 772 Qualification for special needs age pension A person is qualified for a special needs age pension if: (a) the person has not resided in Australia at any time after 7 May 1973; and (b) the person has turned: (i) if the person is a woman—60; or (ii) if the person is a man—65; and (c) the person ceased to reside in Australia after the person had turned: (i) if the person is a woman—55; or (ii) if the person is a man—60; and (d) the person had resided in Australia for a period that was, or for periods that in the aggregate were, not less than 30 years; and (e) the person would: (i) if the person had lodged a claim immediately before the person ceased to reside in Australia—have been qualified under section 25 of the 1947 Act to receive an age pension; or (ii) if the person had not ceased to reside in Australia, were physically present in Australia and lodged a claim for an age pension—be qualified under section 25 of the 1947 Act to receive an age pension; and (f) the person is, in the opinion of the Secretary, in special need of financial assistance.
773 Qualification for special needs disability support pension A person is qualified for a special needs disability support pension if: 108 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special needs pensions Part 2.16 Qualifications for and payability of special needs pensions Division 1 Section 774 (a) the person has not resided in Australia at any time after 7 May 1973; and (b) the person is severely disabled; and (c) the person has turned 16; and (d) at the time when the person first satisfied paragraph (b), the person was in Australia or temporarily absent from Australia; and (e) the person is, in the opinion of the Secretary, in special need of financial assistance.
Note: A person who is receiving a special needs disability support pension may be automatically transferred to the special needs age pension if the person becomes qualified for the special needs age pension (see subsection 789(3)).

774 Qualification for special needs wife pension A person is qualified for a special needs wife pension if the person: (a) is a woman who is a member of a couple; and (b) has a partner who is receiving a special needs age pension or a special needs disability support pension.
Note 1: For member of a couple see subsections 4(2), (3) and (6).

Note 2: A person who is receiving a special needs wife pension may be automatically transferred to the special needs age pension if the person becomes qualified for the special needs age pension (see subsection 789(3)).

Subdivision B—Payability 779 Special needs pension not payable if pension rate nil A special needs pension is not payable to a person if the person’s special needs pension rate would be nil.
783 Second special needs pension generally not payable after cancellation of initial pension If: Social Security Act 1991 109 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.16 Special needs pensions Division 1 Qualifications for and payability of special needs pensions Section 787 (a) a special needs pension is payable to a person; and (b) the special needs pension is cancelled; another special needs pension is not payable to the person unless the person is qualified to receive another special needs pension at the time the initial pension is cancelled.
787 Multiple entitlement exclusion (1) A special needs pension is not payable to a person if the person is already receiving a service pension or a veteran payment.

(2) If: (a) a person is receiving a special needs pension; and (b) another social security pension, a social security benefit, a service pension or a veteran payment becomes payable to the person; the special needs pension is not payable to the person.
Note 1: Note 2: Another payment type will generally not become payable to the person until the person claims it.

For social security pension and social security benefit see subsection 23(1).

(3) A special needs pension is not payable to a woman if: (a) the woman is an armed services widow; and (b) the woman is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.
Note: For armed services widow see subsection 4(1).

(4) A special needs pension is not payable to a man if: (a) the man is an armed services widower; and (b) the man is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.

Note: For armed services widower see subsection 4(1).
(5) A special needs pension is not payable to a person if: 110 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special needs pensions Part 2.16 Qualifications for and payability of special needs pensions Division 1 Section 787 (a) the person is an armed services widow or an armed services widower; and (b) the person is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA.
Note 1: For armed services widow and armed services widower see subsection 4(1).

Note 2: For MRCA see subsection 23(1).
Social Security Act 1991 111 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.16 Special needs pensions Division 5 Rate of special needs pension Section 796 Division 5—Rate of special needs pension 796 How to work out a person’s special needs pension rate (1) Subject to subsection (2), the rate of a person’s special needs pension is: (a) if the pension is a special needs age pension—the rate at which an age pension would be payable to the person if the person were qualified for an age pension; or (b) if the pension is a special needs disability support pension— the rate at which a disability support pension would be payable to the person if the person were qualified for a disability support pension; or (c) if the pension is a special needs wife pension—the rate at which a wife pension would be payable to the person if the person were qualified for a wife pension.
(2) If: (a) the person was absent from Australia on 1 July 1986; and (b) the person commences after 1 July 1986 to receive a special needs pension; and (c) the person is absent from Australia; the rate of the person’s special needs pension is, subject to subsections (3) and (4), the person’s special needs proportional rate worked out using the Special Needs Proportional Rate Calculator at the end of this section.
(3) Subsection (2) does not apply to a person’s special needs disability support pension if the person became qualified for the pension because the person became permanently incapacitated for work or permanently blind while the person was an Australian resident.
(4) Subsection (2) does not apply to a person’s special needs sole parent pension if: (a) the person became qualified for the pension because of the death of the person’s former partner; and 112 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special needs pensions Part 2.16 Rate of special needs pension Division 5 Section 796 (b) at the time when the former partner died the former partner was an Australian resident; and (c) the person would, apart from subsections 249(2) and 362(2) of this Act, and section 46 of the 1947 Act as in force at any time before 1 March 1989, have become so qualified for that pension.
Special Needs Proportional Rate Calculator Module A—Overall rate calculation process Overall rate calculation process 796-A1 This is how to work out a person’s special needs proportional rate: Method statement Step 1.

Work out the period of the person’s Australian working life residence using Module B: the result is called the residence period.

Step 2.

Use the person’s residence period to work out the person’s residence factor using Module C below.

Step 3.
Step 3.

Work out the rate that would be the person’s pension or allowance rate if this Rate Calculator did not apply to the person: the result is called the person’s notional domestic rate.

Step 4.

Multiply the person’s notional domestic rate by the person’s residence factor: the result is the person’s special needs proportional rate.
Social Security Act 1991 113 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.16 Special needs pensions Division 5 Rate of special needs pension Section 796 Module B—Australian working life residence Working life 796-B1 796-B2 796-B3 796-B4 For the purposes of this Module, a person’s working life is the period commencing when the person turns 16 and ending: (a) if the person is a woman—when she turns 60; or (b) if the person is a man—when he turns 65.
Australian working life residence (general) Subject to points 796-B3 to 796-B9, a person’s period of Australian working life residence as at a particular time is the number of months in the period, or the aggregate of the periods, during the person’s working life during which the person has, up to that time, been an Australian resident.
Calculation of number of months If a person’s period of Australian working life residence would, apart from this subsection, be a number of whole months, the period is to be increased by one month.

If a person’s period of Australian working life residence would, apart from this subsection, be a number of whole months and a day or days, the period is to be increased so that it is equal to the number of months plus one month.
Australian working life residence (special needs age or disability support pensioner couples) 796-B5 If: (a) a person is receiving a special needs age pension or a special needs disability support pension; and (b) the person is a member of a couple; and (c) the person’s partner is receiving an age or disability support pension or a special needs age or disability support pension; and 114 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special needs pensions Part 2.16 Rate of special needs pension Division 5 Section 796 (d) the partner’s period of Australian working life residence is longer than the period that would be the person’s period of Australian working life residence under point 796-B2; the person’s period of Australian working life residence is to be equal to the partner’s period of Australian working life residence.
Australian working life residence (member of former special needs age or disability support pensioner couple) 796-B6 If: (a) a person is receiving a special needs age pension or a special needs disability support pension; and (b) the person is a member of a couple; and (c) the person ceases to be a member of a couple; and (d) immediately before the person ceases to be a member of a couple: (i) the person was receiving an age or disability support pension or a special needs age or disability support pension; and (ii) the partner was receiving an age or disability support pension or a special needs age or disability support pension; and (e) the partner’s period of Australian working life residence (immediately before the person ceases to be a member of a couple) is longer than the period that would be the person’s period of Australian working life residence under point 796-B2; the person’s period of Australian working life residence is to be equal to the partner’s period of Australian working life residence (immediately before the person ceases to be a member of a couple).
Australian working life residence (special needs wife pensioner) 796-B7 If a person is receiving a special needs wife pension, the person’s period of Australian working life residence is equal to the period of Australian working life residence of the person’s partner.
Social Security Act 1991 115 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.16 Special needs pensions Division 5 Rate of special needs pension Section 796 Australian working life residence—second special needs pension 796-B9 If: (a) a special needs pension is payable to a person (in this point called the initial pension); and (b) the special needs pension is cancelled or ceases to be payable automatically; and (c) another special needs pension is payable to the person (in this point called the second pension); and (d) the person’s period of Australian working life residence in respect of the second pension is shorter than the period that was the person’s period of Australian working life residence for the purposes of calculating the person’s initial special needs pension; the person’s period of Australian working life residence for the second pension is to be equal to the period of Australian working life residence used in calculating the person’s initial pension.
Module C—Residence factor Residence factor (period of Australian working life residence 25 years or more) 796-C1 If a person’s period of Australian working life residence is 300 months (25 years) or more, the person’s residence factor is 1.

Note: If a person’s residence factor is 1, the person’s overseas pension will be payable overseas at the full domestic rate (less any rent assistance and any and remote area allowance).
Residence factor (period of Australian working life residence under 25 years) 796-C2 If a person’s period of Australian working life residence is less than 300 months (25 years), the person’s residence factor is: person's Australian working life residence 300 116 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special needs pensions Part 2.16 Bereavement payments Division 10 Section 822 Division 10—Bereavement payments Subdivision A—Death of partner 822 Qualification for payments under this Subdivision (1) If: (a) a person is receiving a special needs age, disability support or wife pension; and (b) the person is a member of a couple; and (c) the person’s partner dies; and (d) immediately before the partner died, the partner: (i) was receiving a social security pension; or (ii) was receiving a service pension, income support supplement or a veteran payment; or (iii) was a long-term social security recipient; and (e) on the person’s payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of: (i) the amount that would otherwise be payable to the person under section 825 (person’s continued rate) on that payday; and (ii) the amount that would otherwise be payable to the person under section 823 (continued payment of partner’s pension or benefit) on the partner’s payday immediately before the first available bereavement adjustment payday; the person is qualified for payments under this Subdivision to cover the bereavement period.
Note 1: Section 823 provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person’s partner during that period if the partner had not died.
Note 2: Section 824 provides for a lump sum that represents the instalments that would have been paid to the person’s partner, between the first Social Security Act 1991 117 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.16 Special needs pensions Division 10 Bereavement payments Section 822 (1A) If: available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.
(a) a person is receiving a special needs pension; and (b) immediately before starting to receive the special needs pension the person was receiving partner bereavement payments; and (c) the bereavement rate continuation period in relation to the death of the person’s partner has not ended; the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.
(2) A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.

(3) An election under subsection (2): (a) must be made by written notice to the Secretary; and (b) may be made after the person has been paid an amount or amounts under this Subdivision; and (c) cannot be withdrawn after the Department has taken all the action required to give effect to that election.
(4) If a person is qualified for payments under this Subdivision in relation to the partner’s death, the rate at which special needs pension is payable to the person during the bereavement period is, unless the person has made an election under subsection (2), governed by section 825.
(5) For the purposes of this section, a person is a long-term social security recipient if: (a) the person is receiving a social security benefit; and (b) in respect of the previous 12 months, the person: (i) was receiving a social security pension; or (ii) was receiving a social security benefit; or (iia) was receiving a youth training allowance; or (iii) was receiving a service pension, income support supplement or a veteran payment.
118 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special needs pensions Part 2.16 Bereavement payments Division 10 Section 823 (6) A person is taken to satisfy the requirements of paragraph (5)(b) if: (a) the person was receiving one or a combination of the payments referred to in that paragraph for a continuous period of 12 months; or (b) the person was receiving one or a combination of the payments referred to in that paragraph for 46 weeks of the previous 52.
823 Continued payment of deceased partner’s previous entitlement (1) If a person is qualified for payments under this Subdivision in relation to the death of the person’s partner, there is payable to the person, on each of the partner’s paydays in the bereavement rate continuation period: (a) where the partner was receiving a social security pension or social security benefit—the amount that would have been payable to the partner on the payday if the partner had not died; or (b) where the partner was receiving a service pension, income support supplement or a veteran payment—the amount that would have been payable to the partner under Part III, IIIA or IIIAA of the Veterans’ Entitlements Act on the service payday that: (i) where the first Thursday after the partner’s death was a service payday—precedes the partner’s payday; or (ii) in any other case—follows the partner’s payday; if the partner had not died.
(2) For the purposes of subsection (1), if the couple were, immediately before the partner’s death, an illness separated couple or a respite care couple, the amounts are to be worked out as if they were not such a couple.
824 Lump sum payable in some circumstances If: Social Security Act 1991 119 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.16 Special needs pensions Division 10 Bereavement payments Section 824 (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) the first available bereavement adjustment payday occurs before the end of the bereavement period; there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.
LUMP SUM CALCULATOR This is how to work out the amount of the lump sum: Method statement Step 1.

Work out the amount that would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday if: (a) the person’s partner had not died; and (b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 2.
Step 2.

Work out the amount that would have been payable to the person’s partner on the partner’s payday or service payday immediately before the first available bereavement adjustment payday if: (a) the partner had not died; and (b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 3.

Add the results of Step 1 and Step 2: the result is called the combined rate.
120 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special needs pensions Part 2.16 Bereavement payments Division 10 Section 825 Step 4.

Work out the amount that, but for subsection 825, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday: the result is called the person’s individual rate.

Step 5.
Step 5.

Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 6.

Work out the number of paydays of the partner in the bereavement lump sum period.

Step 7.

Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable to the person under this section.
825 Adjustment of rate of person’s special needs pension If: (a) a person is qualified for payments under this Subdivision; and (b) the person does not elect under subsection 822(2) not to receive payments under this Subdivision; the rate of the person’s special needs pension during the bereavement period is worked out as follows: (c) during the bereavement rate continuation period, the rate of special needs pension payable to the person is the rate at which the pension would have been payable to the person if: (i) the person’s partner had not died; and (ii) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple; (d) during the bereavement lump sum period (if any), the rate at which special needs pension is payable to the person is the Social Security Act 1991 121 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.16 Special needs pensions Division 10 Bereavement payments Section 826 rate at which the special needs pension would be payable to the person apart from this Subdivision.
826 Effect of death of person entitled to payments under this Subdivision If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) the person dies within the bereavement period; and (c) the Secretary does not become aware of the death of the person’s partner before the person dies; there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.
LUMP SUM CALCULATOR This is how to work out the amount of the lump sum: Method statement Step 1.

Work out the amount that would have been payable to the person on the person’s payday immediately after the day on which the person died if: (a) neither the person nor the person’s partner had died; and (b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 2.
Work out the amount that would have been payable to the partner on the partner’s payday or service payday immediately after the day on which the person died if: (a) neither the person nor the partner had died; and 122 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special needs pensions Part 2.16 Bereavement payments Division 10 Section 827 (b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.
Step 3.

Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4.

Work out the amount that, but for section 825, would have been payable to the person on the person’s payday immediately after the day on which the person died if the person had not died: the result is called the person’s individual rate.

Step 5.

Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 6.
Step 6.

Work out the number of paydays of the partner in the period that starts on the day on which the person dies and ends on the day on which the bereavement period ends.

Step 7.

Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section.
827 Matters affecting payment of benefits under this Subdivision (1) If: (a) a person is qualified for payments under this Subdivision and in relation to the death of the person’s partner; and (b) after the person’s partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act; and (c) the Secretary is not satisfied that the person has not had the benefit of that amount; the following provisions have effect: Social Security Act 1991 123 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.16 Special needs pensions Division 10 Bereavement payments Section 830 (d) the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person’s partner except to the extent (if any) that the amount exceeds the amount payable to the person under this Subdivision; (e) the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b).
(2) If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) an amount to which the person’s partner would have been entitled if the person’s partner had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and (c) the bank pays to the person, out of the account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b); the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person’s partner or anyone else in respect of the payment of that money to the person.
Subdivision C—Death of recipient 830 Death of recipient (1) If: (a) a person is receiving a special needs pension; and (b) either: (i) the person is not a member of a couple; or (ii) the person is a member of a couple and the person’s partner: (A) is not receiving a social security pension; and (C) is not receiving a service pension, income support supplement or a veteran payment; and 124 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special needs pensions Part 2.16 Bereavement payments Division 10 Section 830 (c) the person dies; there is payable, to such person as the Secretary thinks appropriate, an amount equal to the amount that would have been payable to the person under this Act on the person’s payday after the person’s death if the person had not died.
(2) If an amount is paid under subsection (1) in respect of a person, the Commonwealth is not liable to any action, claim or demand for any further payment under that subsection in respect of the person.

Note: For the death of a person qualified for bereavement payments under Subdivision A, see section 826.
Social Security Act 1991 125 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.17 Economic security strategy payment Section 900 Part 2.17—Economic security strategy payment 900 Qualification for economic security strategy payment Qualified if this section applies (1) A person is qualified for an economic security strategy payment if subsection (2), (3) or (4) applies to the person.
Receipt of certain payments (2) This subsection applies to a person if: (a) the person was receiving one of the following payments in respect of 14 October 2008: (i) an age pension; (ii) a disability support pension; (iii) a wife pension; (iv) a carer payment; (v) a bereavement allowance; (vi) a widow B pension; (vii) a widow allowance; (viii) partner allowance; (ix) carer allowance; and (b) except in the case of carer allowance, the person was receiving that payment because of a claim the person made on or before 14 October 2008.
Note: For receive see subsections 23(2) and (4).
Pension age and receipt of other payments (3) This subsection applies to a person if: (a) the person reached pension age on or before 14 October 2008; and (b) the person was receiving one of the following payments in respect of 14 October 2008: 126 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Economic security strategy payment Part 2.17 Section 901 (i) a parenting payment; (ii) austudy payment; (iii) special benefit; (iv) a payment under the ABSTUDY Scheme that includes an amount identified as living allowance; and (c) the person was receiving that payment because of a claim the person made on or before 14 October 2008.
Note: For receive see subsections 23(2) and (4).

Qualified for seniors health card (4) This subsection applies to a person if: (a) on or before 14 October 2008, the person made a claim for a seniors health card under Division 1 of Part 3 of the Administration Act and had not withdrawn that claim on or before 14 October 2008; and (b) on 14 October 2008, the person was qualified for the card.
One payment under this section only (5) A person cannot receive more than one payment under this section, regardless of how many times the person qualifies under this section.

(6) Despite anything else in this section, a person who is eligible for a payment under section 118ZZQ of the Veterans’ Entitlements Act is not qualified for a payment under this section unless the person is so qualified because he or she was receiving carer allowance in respect of 14 October 2008.
901 Amount of economic security strategy payment—general (1) The amount of a person’s economic security strategy payment under this Part is the amount, specified in column 3 of the following table, that corresponds to the family situation, specified in column 2 of the table, that applied to the person on 14 October 2008: Social Security Act 1991 127 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.17 Economic security strategy payment Section 902 Amount of economic security strategy payment Item Person’s family situation on 14 October 2008 Not member of couple Partnered Member of illness separated couple Member of respite care couple Partnered (partner in gaol) Amount $1,400.00 $1,050.00 $1,400.00 $1,400.00 $1,400.00 Note: For member of couple, partnered, illness separated couple, respite care couple and partnered (partner in gaol) see section 4.
(2) However, this section does not apply to a person if he or she is qualified under section 900 for an economic security strategy payment because he or she was receiving carer allowance in respect of 14 October 2008.
902 Amount of economic security strategy payment—person receiving carer allowance (1) If a person: (a) is qualified under section 900 for an economic security strategy payment because he or she was receiving carer allowance in respect of 14 October 2008; and (b) would not be so qualified if he or she had not been receiving carer allowance in respect of 14 October 2008; the amount of the person’s economic security strategy payment under this Part is the amount worked out under subsection (3) for the person’s carer allowance.
(2) If a person: (a) is qualified under section 900 for an economic security strategy payment because he or she was receiving carer allowance in respect of 14 October 2008; and (b) would be so qualified even if he or she had not been receiving carer allowance in respect of 14 October 2008; the amount of the person’s economic security strategy payment under this Part is the sum of the amount worked out under 128 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Economic security strategy payment Part 2.17 Section 902 subsection (3) for the person’s carer allowance and the amount that would have been worked out under section 901 for the person if subsection 901(2) had not applied.
(3) Subject to subsection (4), the amount for a person’s carer allowance is worked out by adding together the amount applicable under this section for each person (care receiver) whose care qualified the person for carer allowance in respect of 14 October 2008.
(4) If subsection 953(2) applied in relation to the carer allowance in respect of 14 October 2008, the 2 disabled children whose care qualified the person for carer allowance in respect of 14 October 2008 are to be treated as if they were a single care receiver in relation to the person qualified for the economic security strategy payment.

(5) Subject to subsection (6), the amount applicable for a care receiver is $1,000.
(6) If the rate at which carer allowance in respect of 14 October 2008 was paid took account of a determination under subsection 981(1) of a particular share (being a percentage or proportion) in relation to a care receiver, the amount applicable for the care receiver is that share of $1,000.
Social Security Act 1991 129 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.18 Training and learning bonus Section 910 Part 2.18—Training and learning bonus 910 Qualification for training and learning bonus Qualified if this section applies (1) A person is qualified for a training and learning bonus if subsection (2) or (4) applies to the person.
Receipt of certain payments (2) This subsection applies to a person if the person was receiving one or more of the following payments in respect of 3 February 2009: (a) youth allowance; (b) austudy payment; (c) special benefit; (d) sickness allowance; (e) a payment under the ABSTUDY Scheme that included an amount identified as living allowance; (f) an education allowance under section 3.2, 3.3, 3.4, 3.5, 3.6 or 3.6A of the Veterans’ Children Education Scheme; (g) an education allowance under section 3.2, 3.3, 3.4, 3.5 or 3.6 of the Military Rehabilitation and Compensation Act Education and Training Scheme.
(3) However: (a) paragraph (2)(a) does not apply to the person unless the person was receiving youth allowance on the basis that, on 3 February 2009: (i) the person was undertaking full-time study; or (ii) the person was qualified for a youth allowance under section 540AA; and (b) paragraph (2)(c) does not apply if the person had reached pension age on or before 14 October 2008.
130 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Training and learning bonus Part 2.18 Section 911 Person entitled to family tax benefit Part A (4) This subsection applies to a person if: (a) on 3 February 2009 the person was entitled to family tax benefit; and (b) the rate of family tax benefit payable in relation to that day consisted of or included a Part A rate greater than nil worked out taking into account at least one FTB child who was aged 21 or more and less than 25 on that day; and (c) the person would have been entitled to a back to school bonus under section 95 of the Family Assistance Act if any such child were aged 4 or more and less than 19 on that day.
One payment under this section only (5) A person cannot receive more than one payment under this section, regardless of how many times the person qualifies under this section.
No qualification under subsection (2) in certain circumstances (6) Despite anything else in this section, a person who is: (a) an FTB child in respect of whom another person is entitled to a back to school bonus under section 95 of the Family Assistance Act; or (b) entitled to a back to school bonus under section 98 of the Family Assistance Act; is not qualified for a training and learning bonus under subsection (2) of this section.
911 Amount of training and learning bonus (1) The amount of a person’s training and learning bonus is: (a) if the person qualifies for a training and learning bonus under subsection 910(2) but not under subsection 910(4)—$950; or (b) if the person qualifies for a training and learning bonus under subsection 910(4) but not under subsection 910(2)—$950 for each FTB child because of whom the person so qualifies; or Social Security Act 1991 131 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.18 Training and learning bonus Section 911 (c) if the person qualifies for a training and learning bonus under subsection 910(2) and also qualifies under subsection 910(4)—the sum of: (i) $950; and (ii) $950 for each FTB child because of whom the person so qualifies.
(2) Despite paragraph (1)(b) and subparagraph (1)(c)(ii) of this section, subsections 97(3), (4) and (5) of the Family Assistance Act apply in relation to the amount of a person’s training and learning bonus in relation to an FTB child in the same way as they would apply in relation to the amount of a back to school bonus under that Act.
132 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Clean energy payments Part 2.18A Clean energy advances Division 1 Section 914 Part 2.18A—Clean energy payments Division 1—Clean energy advances Subdivision A—Qualifying for clean energy advances 914 Recipients of certain social security payments Qualification for days 14 May 2012 to 30 June 2012 (1) The Secretary may, on a day during the period starting on 14 May 2012 and ending on 30 June 2012, determine that a person is qualified for a clean energy advance if, on that day: (a) the person receives one of the social security payments set out in subsection (4); and (b) the person’s rate of payment is greater than nil; and (ba) the person is residing in Australia; and (c) the person is in Australia.
Qualification for days 1 July 2012 to 19 March 2013 (2) The Secretary may determine that a person is qualified for a clean energy advance if, on a day during the period starting on 1 July 2012 and ending on 19 March 2013: (a) the person receives one of the social security payments set out in subsection (4); and (b) the person’s rate of payment is greater than nil; and (ba) the person is residing in Australia; and (c) the person is in Australia.
(3) A determination under subsection (2) must specify the first day during the period set out in that subsection for which the person: (a) satisfies paragraphs (2)(a), (b) and (ba); and (b) is in Australia, disregarding any temporary absence from Australia for a continuous period not exceeding 6 weeks.
Social Security Act 1991 133 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.18A Clean energy payments Division 1 Clean energy advances Section 914A Clean energy qualifying payments (4) The social security payments (the clean energy qualifying payments) are as follows: (a) age pension; (b) benefit PP (partnered); (c) bereavement allowance; (d) carer payment; (e) disability support pension (other than for a person who is under 21 with no dependent children); (f) newstart allowance; (g) pension PP (single); (h) partner allowance; (i) seniors supplement; (j) sickness allowance; (k) special benefit, whose rate is worked out as if the person were qualified for newstart allowance; (l) widow allowance; (m) widow B pension; (n) wife pension.
914A Recipients of austudy, youth allowance, some disability support pensions and some special benefits Qualification for days 14 May 2012 to 30 June 2012 (1) The Secretary may, on a day during the period starting on 14 May 2012 and ending on 30 June 2012, determine that a person is qualified for a clean energy advance if, on that day: (a) the person receives one of the social security payments set out in subsection (5); and (b) the person’s rate of payment is greater than nil; and (ba) the person is residing in Australia; and (c) the person is in Australia.
134 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Clean energy payments Part 2.18A Clean energy advances Division 1 Section 914A Qualification for days 1 July 2012 to 30 June 2013 (2) The Secretary may determine that a person is qualified for a clean energy advance if, on a day during the period starting on 1 July 2012 and ending on 30 June 2013: (a) the person receives one of the social security payments set out in subsection (5); and (b) the person’s rate of payment is greater than nil; and (ba) the person is residing in Australia; and (c) the person is in Australia.
Qualification for days 1 July 2013 to 31 December 2013 (3) The Secretary may determine that a person is qualified for a clean energy advance if, on a day during the period starting on 1 July 2013 and ending on 31 December 2013: (a) the person receives one of the social security payments set out in subsection (5); and (b) the person’s rate of payment is greater than nil; and (ba) the person is residing in Australia; and (c) the person is in Australia.
First day of qualification under subsection (2) or (3) (4) A determination under subsection (2) or (3) must specify the first day during the period set out in that subsection for which the person: (a) satisfies paragraphs (a), (b) and (ba) of that subsection; and (b) is in Australia, disregarding any temporary absence from Australia for a continuous period not exceeding 6 weeks.
Clean energy qualifying payments (5) The social security payments (the clean energy qualifying payments) are as follows: (a) austudy payment; Social Security Act 1991 135 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.18A Clean energy payments Division 1 Clean energy advances Section 914B (b) disability support pension for a person who is under 21 with no dependent children; (c) special benefit, whose rate is worked out as if the person were qualified for austudy payment or youth allowance; (d) youth allowance.
914B Disregard nil rate in certain circumstances (1) For the purposes of section 914 or 914A, a person is taken to receive a social security payment at a rate greater than nil even if the person’s rate would be nil merely because: (a) an election by the person under subsection 1061VA(1) is in force; or (b) the person has been paid an advance pharmaceutical allowance under the social security law.
(2) For the purposes of section 914 or 914A, if a social security payment is payable to a person because of subsection 23(1D), the person is taken to receive that payment at a rate greater than nil.

914C Limits on qualifying for multiple advances (1) A person cannot qualify for more than one clean energy advance under section 914.

(2) A person can qualify for at most 2 clean energy advances under section 914A: (a) one under either subsection 914A(1) or (2); and (b) one under subsection 914A(3).
(3) A person who has qualified for a clean energy advance under subsection 914(1) or 914A(1) cannot qualify for a clean energy advance under the other of those subsections.

Note 1: Further limits may be determined under section 918.

Note 2: Top-up payments of clean energy advance may be payable under Subdivision C if the person’s circumstances change during the person’s clean energy advance period.
136 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Clean energy payments Part 2.18A Clean energy advances Division 1 Section 914D Subdivision B—Amount of a clean energy advance 914D Amount of a clean energy advance (1) On the day (the decision day) that the Secretary determines that a person (the recipient) is qualified for a clean energy advance, the Secretary must work out the amount of the advance.
Note: The advance will be paid in a lump sum as soon as is reasonably practicable (see section 47D of the Administration Act).
(2) The amount of the advance is the result of the following formula rounded up to the nearest multiple of $10: Clean energy advance daily rate  Number of advance days 914E Clean energy advance daily rate (1) The recipient’s clean energy advance daily rate is worked out as follows: Use this provision: subsection (2) Working out the recipient’s clean energy advance daily rate If the recipient’s clean energy qualifying payment is: 1 (a) age pension; or (b) bereavement allowance; or (c) disability support pension to which neither subsection 1066A(1) nor 1066B(1) applies; or (d) wife pension; or (e) carer payment; or (f) seniors supplement; or (g) widow B pension; or (h) another payment, and the recipient reached pension age on or before the decision day Social Security Act 1991 137 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.18A Clean energy payments Division 1 Clean energy advances Section 914E Use this provision: subsection (3) subsection (4) subsection (5) subsection (6) Working out the recipient’s clean energy advance daily rate If the recipient’s clean energy qualifying payment is: 2 3 4 5 one of the following payments, and the recipient is under pension age on the decision day: (a) newstart allowance, if the recipient’s maximum basic rate is worked out under point 1068-B5; (b) pension PP (single); (c) youth allowance, if the recipient’s maximum basic rate is worked out under point 1067G-B3A one of the following
 payments, and the recipient is under pension age on the decision day: (a) newstart allowance, if the recipient’s maximum basic rate is not worked out under point 1068-B5; (b) sickness allowance; (c) partner allowance; (d) widow allowance; (e) benefit PP (partnered); (f) special benefit, whose rate is worked out as if the recipient were qualified for newstart allowance disability support pension to which subsection 1066A(1) or 1066B(1) applies one of the following payments, and the recipient is under pension age on
 the decision day: (a) austudy payment; (b) youth allowance, if: (i) the recipient’s maximum basic rate is not worked out under point 1067G-B3A; and (ii) the recipient’s rate of youth allowance is not worked out by adding a youth disability supplement; (c) special benefit, whose rate is worked out as if the recipient were qualified for austudy payment or youth allowance 6 youth allowance, whose rate is worked out by adding a youth disability supplement subsection (7) 138 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Clean energy payments Part 2.18A Clean energy advances Division 1 Section 914E Note: For recipient and decision day, see subsection 914D(1).
Rate for payments set out in item 1 of the table (2) The recipient’s clean energy advance daily rate is worked out by: (a) working out 1.7% of the total of: (i) double the maximum basic rate under Pension Rate Calculator A, worked out for 1 July 2012 for a person who is partnered; and (ii) the combined couple rate of pension supplement for 1 July 2012; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of $5.20 (rounding up if that result is not a multiple of $5.20 but is a multiple of $2.60); and (c) adding $5.20 to the result of paragraph (b); and (d) applying the applicable percentage in the following table to the result of paragraph (c); and (e) rounding the result of paragraph (d) up or down to the nearest multiple of $2.60 (rounding up if that rate is not a multiple of $2.60 but is a multiple of $1.30); and (f) dividing the result of paragraph (e) by 364.
Percentage to be applied Item Recipient’s family situation on the advance qualification day Use this % Note: Not a member of a couple Partnered Member of an illness separated couple Member of a respite care couple Partnered (partner in gaol) 66.33% 50% 66.33% 66.33% 66.33% This subsection covers payments covered by Pension Rate Calculator A, B or C, seniors supplement, recipients of other payments who have reached pension age and recipients of pensions covered by clause 146 of Schedule 1A.
Social Security Act 1991 139 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.18A Clean energy payments Division 1 Clean energy advances Section 914E Rate for payments set out in item 2 of the table (3) The recipient’s clean energy advance daily rate is worked out by: (a) working out 1.7% of the total of the maximum basic rate, and the pension supplement basic amount, for the clean energy qualifying payment, worked out: (i) for 1 July 2012; and (ii) for a person in circumstances the same as the recipient’s on the advance qualification day; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that result is not a multiple of $2.60 but is a multiple of $1.30); and (c) adding $5.20 to the result of paragraph (b); and (d) dividing the result of paragraph (c) by 364.
Rate for payments set out in item 3 of the table (4) The recipient’s clean energy advance daily rate is worked out by: (a) working out 1.7% of the maximum basic rate for the clean energy qualifying payment, worked out: (i) for 1 July 2012; and (ii) for a person in circumstances the same as the recipient’s on the advance qualification day; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and (c) adding 20 cents to the result of paragraph (b); and (d) dividing the result of paragraph (c) by 14.
Rate for payments set out in item 4 of the table (5) The recipient’s clean energy advance daily rate is worked out by: (a) working out 1.7% of the total of the maximum basic rate, and the youth disability supplement, for the clean energy qualifying payment, worked out: (i) for the first day of the recipient’s clean energy advance period; and 140 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Clean energy payments Part 2.18A Clean energy advances Division 1 Section 914E (ii) for a person in circumstances the same as the recipient’s on the advance qualification day; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that result is not a multiple of $2.60 but is a multiple of $1.30); and (c) adding $5.20 to the result of paragraph (b); and (d) dividing the result of paragraph (c) by 364.
Rate for payments set out in item 5 of the table (6) The recipient’s clean energy advance daily rate is worked out by: (a) working out 1.7% of the maximum basic rate for the clean energy qualifying payment, worked out: (i) for the first day of the recipient’s clean energy advance period; and (ii) for a person in circumstances the same as the recipient’s on the advance qualification day; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and (c) adding 20 cents to the result of paragraph (b); and (d) dividing the result of paragraph (c) by 14.
Rate for payments set out in item 6 of the table (7) The recipient’s clean energy advance daily rate is worked out by: (a) working out 1.7% of the total of the maximum basic rate, and the youth disability supplement, for the clean energy qualifying payment, worked out: (i) for the first day of the recipient’s clean energy advance period; and (ii) for a person in circumstances the same as the recipient’s on the advance qualification day; and (b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and Social Security Act 1991 141 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.18A Clean energy payments Division 1 Clean energy advances Section 914F (c) adding 20 cents to the result of paragraph (b); and (d) dividing the result of paragraph (c) by 14.
914F Number of advance days The recipient’s number of advance days is the number of days in the recipient’s clean energy advance period that are on or after: (a) if the recipient qualifies for the clean energy advance before 1 July 2012—1 July 2012; or (b) otherwise—the advance qualification day.
Subdivision C—Top-up payments of clean energy advance 914G Top-up payments of clean energy advance (1) The Minister may by legislative instrument determine that persons: (a) who have been paid the amount (the original payment) of a specified clean energy advance worked out under Subdivision B in relation to a clean energy qualifying payment (the original qualifying payment); and (b) whose circumstances change, within a period specified in the instrument, in a way that is specified in the instrument and is covered by subsection (2) or (3); qualify for a further payment, of the amount worked out in accordance with the instrument, of clean energy advance.
(2) This subsection covers a person’s circumstances changing in a way such that: (a) on the day (the change day) the change happens, the person was still receiving the original qualifying payment; and (b) had the amount of the original payment been worked out by reference to the person’s circumstances on the change day (rather than those on the advance qualification day), a greater clean energy advance daily rate would have been used for working out that amount than the rate actually used for working out that amount.
142 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Clean energy payments Part 2.18A Clean energy advances Division 1 Section 914G (3) This subsection covers a change in a person’s circumstances that, apart from a multiple qualification exclusion, would (if any necessary administrative decisions were made) qualify the person for a clean energy bonus, under an Act or a scheme, relating to a payment other than the original qualifying payment.
(4) For the purposes of subsection (3), a multiple qualification exclusion is an instrument that: (a) provides a person is not qualified for a clean energy bonus under an Act or a scheme because of the person’s qualification for or receipt of the original payment or the original qualifying payment; and (b) is made under: (i) section 918; or (ii) section 424L of the MRCA; or (iii) section 65A of the Veterans’ Entitlements Act; or is an instrument establishing qualifications for a clean energy bonus under a scheme.
(5) An instrument under subsection (1) may provide for: (a) different periods for changes in circumstances depending on different changes in circumstances; and (b) different ways of working out further amounts of the original payment depending on different changes in circumstances.
Social Security Act 1991 143 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.18A Clean energy payments Division 2 Quarterly energy supplement Section 915 Division 2—Quarterly energy supplement 915 When quarterly energy supplement is payable Quarterly energy supplement is payable to a person for each day for which an election by the person under subsection 915A(1) or 1061VA(1) is in force in relation to a social security payment the person is receiving.
Note: Section 918 may affect the person’s qualification for quarterly energy supplement.
915A Electing to receive quarterly energy supplement (1) If: (a) Part 2.25C (about quarterly pension supplement) does not apply to a person in relation to a social security payment the person is receiving; and (b) energy supplement is used to work out the rate of that social security payment; the person may, in a manner or way approved by the Secretary, make an election to receive the person’s energy supplement under this Division as a separate social security payment.
Note: The person could make an election under subsection 1061VA(1) if Part 2.25C applies to the person in relation to the social security payment.

That election would cause quarterly energy supplement to be payable (see section 915).

(2) An election comes into force as soon as practicable after it is made.

(3) An election ceases to be in force if the person ceases to receive a social security payment (a main payment) calculated using a Rate Calculator that has an energy supplement Module.
(4) The person may, in a manner or way approved by the Secretary, revoke an election.

A revocation takes effect as soon as practicable after it happens.
144 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Clean energy payments Part 2.18A Quarterly energy supplement Division 2 Section 915B 915B Rate of quarterly energy supplement (1) The person’s daily rate of quarterly energy supplement, for a particular day, is: (a) if the Rate Calculator for the main payment received on that day produces an annual rate—1/364 of the amount that, apart from this Division, would be the person’s energy supplement for that day; or (b) if the Rate Calculator for the main payment received on that day produces a fortnightly rate—1/14 of the amount that, apart from this Division, would be the person’s energy supplement for that day.
(2) This section has effect subject to subsection 1210(3A).

Social Security Act 1991 145 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.18A Clean energy payments Division 4 Essential medical equipment payment Section 917A Division 4—Essential medical equipment payment 917A Definitions In this Division: EMEP residence has the meaning given by subsection 917C(1).
essential medical equipment payment: (a) means an essential medical equipment payment under this Division (except in section 917F); and (b) in section 917F—has the meaning given by that section.

medical equipment, in relation to a person who satisfies the medical needs requirement under paragraph 917C(1)(b), means the heating or cooling system (as the case requires) of the residence described in that paragraph.

person with medical needs has the meaning given by paragraph 917C(2)(b).
917B Qualification for essential medical equipment payment (1) A person (the claimant) is qualified for an essential medical equipment payment for an income year if: (a) the Secretary is satisfied that the claimant satisfies each of the following on the EMEP test day: (i) the medical needs requirement in section 917C; (ii) the concession card requirement in section 917D; (iii) the energy account requirement in section 917E; and (b) a medical practitioner has (subject to subsection (2)) certified that: (i) the claimant meets the medical needs requirement under subsection 917C(1) on a day; or (ii) another specified person meets the medical needs requirement under subsection 917C(1) on a day; (as the case requires); and 146 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Clean energy payments Part 2.18A Essential medical equipment payment Division 4 Section 917B (c) the claimant is not prevented from receiving an essential medical equipment payment by section 917F; and (d) the claimant is not a dependent child of another person on the EMEP test day; and (e) the claimant is in Australia on the EMEP test day.
(2) Paragraph (1)(b) does not apply if the Secretary is otherwise satisfied that the claimant or another specified person meets the medical needs requirement in section 917C.
Meaning of EMEP test day (3) For the purposes of subsection (1), the EMEP test day is either: (a) the day in the income year referred to in subsection (1) on which the claimant makes the claim for the payment; or (b) an anniversary (in the income year referred to in subsection (1)) of the day on which the claimant made a claim for the payment if: (i) the claimant made the claim in a previous income year; and (ii) since the claimant made the claim, the Secretary has not determined that the claimant has ceased to be qualified for the payment.
Note 1: Note 2: Under section 11 of the Administration Act, a person is required to make a claim for a social security payment.

For additional rules relating to the claim, see section 19 of the Administration Act.
Determining qualification for later income years (4) In determining whether a person is qualified for an essential medical equipment payment for an income year after the income year in which the claim for the payment is made, the Secretary: (a) may act on the basis of the documents and information in his or her possession; and (b) is not required to conduct any inquiries or investigations into the matter or to require (whether under this Act or otherwise) Social Security Act 1991 147 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.18A Clean energy payments Division 4 Essential medical equipment payment Section 917C the giving of any information or the production of any document.
(5) Despite subsection (4), the Secretary may require a further certification for the purposes of paragraph (1)(b), or further information or a further document for the purposes of subsection (2), in an income year after the income year in which the claim is made.
917C The medical needs requirement Person who has medical needs (1) A person satisfies the medical needs requirement on a day if: (a) the person has a medical condition on that day, and as a result: (i) the person requires the use of specified essential medical equipment in a residence (the EMEP residence) that is the person’s home and is either a private residence or a specified residence; and (ii) the person uses that equipment in that residence; or (b) the person has a specified medical condition on that day, and as a result: (i) the person is unable to regulate his or her body temperature; and (ii) additional heating or cooling is required, in a residence (the EMEP residence) that is the person’s home and is either a private residence or a specified residence, to manage the person’s condition; and (iii) the person uses additional heating or cooling in that residence.
Caring for a person who has medical needs (2) A person (the carer) also satisfies the medical needs requirement on a day if: (a) the carer provides care and attention on a regular and ongoing basis for a person; and 148 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Clean energy payments Part 2.18A Essential medical equipment payment Division 4 Section 917D (b) the person (the person with medical needs) satisfies the medical needs requirement under subsection (1) on the day; and (c) the person with medical needs is specified in the certification under subparagraph 917B(1)(b)(ii) or is the person specified for the purposes of subsection 917B(2) (as the case requires); and (d) the carer’s home is the EMEP residence that is the home of the person with medical needs.
Legislative instrument (3) The Minister may, by legislative instrument, specify: (a) essential medical equipment for the purposes of paragraph (1)(a); and (b) medical conditions for the purposes of paragraph (1)(b); and (c) residences for the purposes of paragraphs (1)(a) and (b).
917D The concession card requirement A person satisfies the concession card requirement on a day if: (a) the person is a holder of a concession card, or the person’s name is included on a concession card, on that day; or (b) both of the following apply: (i) the person satisfies the medical needs requirement under subsection 917C(2) (caring for a person) on that day in relation to a person with medical needs; (ii) the person with medical needs is a holder of a concession card, or the name of the person with medical needs is included on a concession card, on that day.
917E The energy account requirement (1) A person satisfies the energy account requirement on a day if: (a) on that day, the energy account for the relevant EMEP residence is in the name of that person; or Social Security Act 1991 149 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.18A Clean energy payments Division 4 Essential medical equipment payment Section 917F (b) on that day, the energy account for the relevant EMEP residence is in the name of that person’s partner; or (c) the person contributes (whether wholly or partly) to paying the energy account for the relevant EMEP residence; or (d) if the person is not the person with medical needs—the person with medical needs contributes (whether wholly or partly) to paying the energy account for the relevant EMEP residence.
(2) For the purposes of subsection (1), an energy account for a residence means any account for: (a) electricity; or (b) any other specified form of energy; that is supplied to the residence.

(3) The Minister may, by legislative instrument, specify forms of energy for the purposes of paragraph (2)(b).
917F Availability of payments (1) No essential medical equipment payment may be made for an income year in relation to medical equipment that is used in an EMEP residence if an essential medical equipment payment has already been made for that income year in relation to the same equipment and the same residence.

(2) No more than 2 essential medical equipment payments may be made in relation to the same medical equipment for an income year (subject to subsection (1)).
(3) Essential medical equipment payments for an income year may not be made, in relation to a person with medical needs, in relation to more than 2 EMEP residences.

Meaning of essential medical equipment payment (4) In this section, an essential medical equipment payment means an essential medical equipment payment under this Division or Division 3 of Part IIIE of the Veterans’ Entitlements Act.
150 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Clean energy payments Part 2.18A Essential medical equipment payment Division 4 Section 917G 917G Amount of payment The amount of an essential medical equipment payment for an income year is $140.

Note: The amount specified is indexed on each 1 July (see sections 1190 and 1191).
917H Non-receipt of social security payment (1) This section applies for the purposes of a provision of this or another Act if: (a) the provision provides a benefit (whether the benefit is a pension, benefit, payment, supplement or any other sort of benefit) if a person meets specified criteria; and (b) one of the specified criteria is that the person is receiving a social security payment, or is a recipient of a social security payment.
(2) For the purposes of the provision, a person is not taken to be receiving a social security payment, or to be a recipient of a social security payment, merely because the person receives an essential medical equipment payment.
Social Security Act 1991 151 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.18A Clean energy payments Division 5 Multiple qualification exclusions Section 918 Division 5—Multiple qualification exclusions 918 Multiple qualification exclusions (1) The Minister may by legislative instrument determine that persons in circumstances specified in the instrument cannot qualify for a clean energy bonus under this Act that is specified in the instrument.
(2) Those circumstances must relate to persons’ qualification for or receipt of one or more of the following: (a) a clean energy bonus under this Act; (b) a clean energy bonus under the MRCA; (c) a clean energy bonus under the Veterans’ Entitlements Act; (d) a clean energy bonus under a scheme (however described), whether or not the scheme is provided for, by or under an Act.

(3) An instrument under subsection (1) has effect according to its terms, despite any other provision of this Act.
152 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer allowance Part 2.19 Interpretation Division 1 Section 952 Part 2.19—Carer allowance Division 1—Interpretation 952 Carer allowance definitions In this Part, unless the contrary intention appears: Adult Disability Assessment Tool has the meaning given by subsection 38C(3).
care receiver has the meaning given by subsections 953(1) and (2), 954(1) and 954A(1) and section 954B.

Disability Care Load Assessment (Child) Determination has the meaning given by subsection 38E(1).

disabled adult means a person aged 16 or more who: (a) has a physical, intellectual or psychiatric disability; and (b) is likely to suffer from that disability permanently or for an extended period.
disabled child means a person aged under 16 who: (a) has a physical, intellectual or psychiatric disability; and (b) is likely to suffer from that disability permanently or for an extended period.
Social Security Act 1991 153 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.19 Carer allowance Division 2 Qualification for and payability of carer allowance Section 953 Division 2—Qualification for and payability of carer allowance Subdivision A—Qualification 953 Qualification for carer allowance—caring for either 1 or 2 disabled children Single child (1) A person is qualified for carer allowance for a disabled child (the care receiver) if: (a) the care receiver is a dependent child (disregarding subsection 5(3)) of the person; and (b) the care receiver is an Australian resident; and (d) because of the disability from which the care receiver is suffering, the care receiver receives care and attention on a daily basis from: (i) if the person is a member of a couple—the person, the person’s partner or the person together with another person (whether or not the person’s partner); or (ii) if the person is not a member of a couple—the person or the person together with another person; in a private home that is the residence of the person and the care receiver; and (e) either of the following applies: (i) the disability from which the care receiver is suffering is declared, under subsection 38E(3), to be a recognised disability for the purposes of this section; (ii) the person has been given a qualifying rating of intense under the Disability Care Load Assessment (Child) Determination for caring for the care receiver; and (f) the person is an Australian resident; and (g) the person satisfies the carer allowance income test under section 957A.
154 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer allowance Part 2.19 Qualification for and payability of carer allowance Division 2 Section 953 2 children (2) A person is qualified for carer allowance for 2 disabled children (the care receivers) if: (a) each care receiver is a dependent child (disregarding subsection 5(3)) of the person; and (b) each care receiver is an Australian resident; and (d) because of the disability from which each care receiver is suffering, each care receiver receives care and attention on a daily basis from: (i) if the person is a member of a couple—the person, the person’s partner or the person together with another person (whether or not the person’s partner); or (ii) if the person is not a member of a couple—the person or the person together with another person; in a private home that is the residence of the person and each care receiver; and (e) the person has been given a qualifying rating of intense under the Disability Care Load Assessment (Child) Determination for caring for the care receivers; and (f) the person is an Australian resident; and (g) the person satisfies the carer allowance income test under section 957A.
Note 1: For Australian resident see section 7.

Note 2: Note 4: Note 5: For qualification for carer allowance in circumstances of hospitalisation, see section 955.

For the effect of temporary cessation of care and attention on carer allowance, see section 957.

For the effect of 2 people being qualified for carer allowance, see sections 964 and 965.
Social Security Act 1991 155 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.19 Carer allowance Division 2 Qualification for and payability of carer allowance Section 953A 953A Remaining qualified for carer allowance up to 3 months after child turns 16 Single child (1) If: (a) a person is qualified for carer allowance under subsection 953(1) for a disabled child; and (b) the child turns 16; and (c) apart from the child turning 16, the person would remain qualified for carer allowance under that subsection for that child; then the person remains qualified for carer allowance under that subsection for that child until: (d) if the child is assessed and rated and given a score under the Adult Disability Assessment Tool before the end of the period of 3 months beginning on the day the child turned 16—the end of the day before the day the child is given that score; or (e) otherwise—the end of the period of 3 months beginning on the day the child turned 16.
Two children (2) If: (a) a person is qualified for carer allowance under subsection 953(2) for 2 disabled children; and (b) on a particular day (the relevant day), either or both of those children turn 16; and (c) apart from either or both of those children turning 16, the person would remain qualified for carer allowance under that subsection for those children; then the person remains qualified for carer allowance under that subsection for those children until: (d) if either or both of those children are assessed and rated and given a score under the Adult Disability Assessment Tool before the end of the period of 3 months beginning on the 156 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer allowance Part 2.19 Qualification for and payability of carer allowance Division 2 Section 954 relevant day—the end of the day before the day the first such score is given to one of those children; or (e) otherwise—the end of the period of 3 months beginning on the relevant day.
(3) Subsection (2) can apply only once in relation to the same 2 disabled children.
954 Qualification for carer allowance—caring for a disabled adult in a private home of both the adult and the carer (1) A person is qualified for carer allowance for a disabled adult (the care receiver) if: (a) the care receiver is an Australian resident; and (b) the care receiver is a family member of the person or is a person approved in writing by the Secretary for the purposes of this paragraph; and (c) the care receiver has been assessed and rated under the Adult Disability Assessment Tool and given a score under that assessment tool of at least 30, being a score calculated on the basis of a professional questionnaire score of at least 12; and (d) because of the disability from which the care receiver is suffering, the care receiver receives care and attention on a daily basis from the person, or the person together with another person, in a private home that is the residence of the person and the care receiver; and (f) the person is an Australian resident; and (g) the person satisfies the carer allowance income test under section 957A.
Note 1: Note 2: Note 4: Note 5: For family member see subsection 23(1).

For Australian resident see section 7.

For qualification for carer allowance in circumstances of hospitalisation, see section 955.

For the effect of temporary cessation of care and attention on carer allowance, see section 957.

For the effect of 2 people being qualified for carer allowance, see sections 964 and 965.
Social Security Act 1991 157 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.19 Carer allowance Division 2 Qualification for and payability of carer allowance Section 954A Disabled adult does not qualify for carer allowance for another disabled adult (2) If a person is qualified for carer allowance for a disabled adult, the disabled adult is not able to qualify for carer allowance for another disabled adult.
Person cannot qualify for more than 2 carer allowances (3) A person may qualify for carer allowance under this section and/or section 954A for 2, but no more than 2, disabled adults.
954A Qualification for carer allowance—caring for a disabled adult in a private home not shared by the adult and carer (1) A person is qualified for carer allowance for a disabled adult (the care receiver) if: (a) the care receiver is an Australian resident; and (b) the care receiver is a family member of the person or is a person approved in writing by the Secretary for the purposes of this paragraph; and (c) the care receiver has been assessed and rated under the Adult Disability Assessment Tool and given a score under that assessment tool of at least 30, being a score calculated on the basis of a professional questionnaire score of at least 12; and (d) the care receiver receives care and attention that meet the requirements in subsection (2); and (e) the person is an Australian resident; and (ea) the person satisfies the carer allowance income test under section 957A; and (f) the person’s work in providing the care and attention is not on wages that are at or above the relevant minimum wage; and (g) neither the person nor anyone else is qualified for carer allowance for the care receiver under section 954.
Note 1: For Australian resident see section 7.

For family member see subsection 23(1).

158 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer allowance Part 2.19 Qualification for and payability of carer allowance Division 2 Section 954A Note 2: Note 3: Note 4: For qualification for carer allowance in circumstances of hospitalisation, see section 955.
For the effect of temporary cessation of care and attention on carer allowance, see section 957.

For the effect of 2 people being qualified for carer allowance, see sections 964 and 965.
(2) The care and attention: (a) must address special care needs: (i) that the care receiver is assessed under the Adult Disability Assessment Tool as having; and (ii) that relate to the care receiver’s bodily functions or to sustaining the care receiver’s life; and (b) must be received by the care receiver on a daily basis, for a total of at least 20 hours a week; and (c) must: (i) be received by the care receiver from the person alone; or (ii) be received by the care receiver from the person together with another person whose work in providing the care and attention is not on wages that are at or above the wages mentioned in paragraph (1)(f), whether or not both persons are present every day when the care receiver receives the care and attention; and (d) must be received in a private home that is the residence of the care receiver, the person or the other person (if any), but not the residence of both the care receiver and the person; and (e) must not be care and attention of a kind (if any) specified, by legislative instrument, by the Secretary for the purposes of this paragraph.
Disabled adult does not qualify for carer allowance for another disabled adult (4) If a person is qualified for carer allowance for a disabled adult, the disabled adult is not able to qualify for carer allowance for another disabled adult.
Social Security Act 1991 159 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.19 Carer allowance Division 2 Qualification for and payability of carer allowance Section 954B Person cannot qualify for more than 2 carer allowances (5) A person may qualify for carer allowance under this section and/or section 954 for 2, but no more than 2, disabled adults.
954B Qualification for carer allowance—receiving carer payment for caring for child or children While: (a) a person is receiving a carer payment for caring for one or more persons (the care receiver or care receivers) other than: (i) a care receiver referred to in subparagraph 197D(1)(a)(i); or (ii) a care receiver referred to in paragraph 198(2)(a) or (d); and (b) the person is not, apart from this section, qualified for carer allowance for the care receiver or care receivers; the person is qualified for carer allowance for each care receiver.
Note: For the effect of 2 people being qualified for carer allowance for the same care receiver, see sections 964 and 965.
955 Qualification for carer allowance—hospitalisation Participating in care of person in hospital (1) If: (a) a person (the carer) is participating in the care of a disabled child, or a disabled adult, (the hospitalised person) in hospital; and (b) it is reasonable to assume that, if the hospitalised person were not in hospital, one or more persons would qualify, under section 953, 954 or 954A, for carer allowance for the hospitalised person or for the hospitalised person and another person; and (c) either the hospitalised person is terminally ill or it is reasonable to expect that, upon the hospitalised person leaving hospital: 160 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer allowance Part 2.19 Qualification for and payability of carer allowance Division 2 Section 956 (i) the hospitalised person will reside in the private home of the carer and the hospitalised person; or (ii) the carer will qualify under section 954A for carer allowance for the hospitalised person; the one or more persons who would qualify for carer allowance as mentioned in paragraph (b) qualify for carer allowance.
Limit on qualification under subsection (1) for disabled adult (2) However, the period, or the sum of the periods, for which the one or more persons can be qualified under subsection (1) for a hospitalised person who is a disabled adult is 63 days in any calendar year.

Note: There is no limit for a hospitalised person who is a child.
956 Absence from Australia During any period of absence from Australia: (a) throughout which Division 2 of Part 4.2 applies to the person; and (b) that is before the end of the person’s portability period for carer allowance (within the meaning of that Division); the person does not cease to be qualified, under section 953, 954 or 954A, for carer allowance merely because the care and attention of the care receiver or care receivers is not provided in a private home that is described in whichever one of paragraphs 953(1)(d) and (2)(d), 954(1)(d) and 954A(2)(d) is relevant.
957 Effect of cessation of care etc.
on carer allowance Continuation of allowance where temporary cessation of care (1) Subject to subsection (3), if: (a) a person is qualified, under section 953, 954 or 954A, for carer allowance because a care receiver or care receivers are receiving care and attention on a daily basis; and Social Security Act 1991 161 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.19 Carer allowance Division 2 Qualification for and payability of carer allowance Section 957 (b) the care receiver or care receivers temporarily cease to receive care and attention that would qualify the person for carer allowance; the person does not cease to be qualified for carer allowance merely because of that cessation.
Continuation of allowance after hospitalisation—section 955 ceases to apply (2) Subject to subsection (3), if: (a) a person is qualified for carer allowance under section 955 because the person or another person is participating in the care of a disabled child or disabled adult in hospital; and (b) apart from this subsection, the person would later cease to be qualified for carer allowance under that section; and (c) the person would not cease to be qualified for carer allowance if the disabled child or disabled adult were receiving care and attention on a daily basis; the person does not cease to be qualified for carer allowance merely because of the lack of receipt of that care and attention.
Limit on subsections (1) and (2) (3) However, the period, or the sum of the periods, for which subsection (1) or (2), or a combination of those subsections, can apply is: (a) 63 days in any calendar year; or (b) another period that the Secretary, for any special reason in the particular case, decides to be appropriate.

Cessation of care in order to undertake training etc.
(4) If: (a) a person is qualified under section 953 for carer allowance for a care receiver who is a disabled child or for care receivers who are 2 disabled children; and 162 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer allowance Part 2.19 Qualification for and payability of carer allowance Division 2 Section 957A (b) the care receiver or either or both of the care receivers then are, or are likely to be, receiving education, training or treatment (other than treatment in hospital) for a period; and (c) during the period the care receiver or care receivers are not receiving the care and attention that would qualify the person for carer allowance; and (d) subsection (1) does not apply to the period; the person does not cease to be qualified for carer allowance during the period merely because of the lack of receipt of that care and attention.
Note: A person who continues to be qualified for carer allowance because of subsection (4) will receive a reduced rate of carer allowance: see subsection 974(3).

957A Carer allowance income test (1) This is how to work out whether a person satisfies the carer allowance income test on a day (the test day).

Method statement Step 1.

Work out the amount of the person’s adjusted taxable income for the reference tax year.

Note 1: Section 957B deals with how to work out adjusted taxable income.
Note 2: For reference tax year see subsections (2) and (3).

Step 2.

If, on the test day, the person is a member of a couple, work out the amount of the person’s partner’s adjusted taxable income for the reference tax year applicable under step 1.

Note 1: Section 957B deals with how to work out adjusted taxable income.

Note 2: For reference tax year see subsections (2) and (3).
Social Security Act 1991 163 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.19 Carer allowance Division 2 Qualification for and payability of carer allowance Section 957A Step 3.

Step 4.
Step 4.

If, on the test day, the person is not a member of a couple, the person has reached the minimum age mentioned in section 301-10 of the Income Tax Assessment Act 1997 and the person has at least one long-term financial asset, work out the person’s deemed income amount under subsection 957D(1).

Note: For long-term financial asset see subsection (5).
If, on the test day, the person is a member of a couple and the person, or the person’s partner, or both, have reached the minimum age mentioned in section 301-10 of the Income Tax Assessment Act 1997 and have at least one long-term financial asset, work out the person’s deemed income amount under subsection 957D(2).

Note: For long-term financial asset see subsection (5).

Step 5.

Work out the sum of the amounts at steps 1, 2, 3 and 4 (as applicable).

Step 6.
Step 6.

The person satisfies the carer allowance income test if the amount at step 5 is less than $250,000.

Reference tax year (2) For the purposes of this section, a person’s reference tax year is: (a) if the person has received a notice of assessment of the person’s taxable income for the base tax year—the base tax year; or (b) otherwise—the tax year immediately preceding the base tax year.

Note: For base tax year see subsection (4).


(3) However, if the person has informed the Secretary in writing that the person wishes to have the person’s qualification for carer allowance determined by reference to the person’s adjusted taxable income for the tax year (the current tax year) in which the test day occurred, the person’s reference tax year is the current tax year.
164 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer allowance Part 2.19 Qualification for and payability of carer allowance Division 2 Section 957B (4) The base tax year is the tax year immediately preceding the tax year in which the test day occurred.

Note: For tax year see subsection 23(1).
Long-term financial asset (5) For the purposes of this Subdivision, a long-term financial asset is: (a) a financial investment within the meaning of paragraph (i) of the definition of financial investment in subsection 9(1), where the asset-tested income stream (long term) arises under a complying superannuation plan (within the meaning of the Income Tax Assessment Act 1997) that is not a constitutionally protected fund (within the meaning of that Act); or (b) a financial investment within the meaning of paragraph (j) of the definition of financial investment in subsection 9(1).
957B Adjusted taxable income (1) For the purposes of this Subdivision, a person’s adjusted taxable income for a particular tax year is the sum of the following amounts (each of which is an income component): (a) the person’s taxable income for that year, disregarding the person’s assessable FHSS released amount (within the meaning of the Income Tax Assessment Act 1997) for that year; (b) the person’s fringe benefits value for that year; (c) the person’s target foreign income for that year; (d) the person’s total net investment loss for that year; (e) the person’s tax free pensions or benefits for that year; (f) the person’s reportable superannuation contributions for that year; less the amount of the person’s deductible child maintenance expenditure (the deductible component) for that year.
Note: For tax year see subsection 23(1).
Social Security Act 1991 165 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.19 Carer allowance Division 2 Qualification for and payability of carer allowance Section 957B Taxable income (2) For the purposes of this section, a person’s taxable income for a particular tax year is: (a) the person’s assessed taxable income for that year; or (b) if the person does not have an assessed taxable income for that year—the person’s accepted estimate of taxable income for that year.
Note: For accepted estimate see section 957C.
(3) For the purposes of this section, a person’s assessed taxable income for a particular tax year at a particular time is the most recent of: (a) if, at that time, the Commissioner of Taxation has made an assessment or an amended assessment of that taxable income—that taxable income according to the assessment or amended assessment; or (b) if, at that time, a tribunal has amended an assessment or an amended assessment made by the Commissioner—that taxable income according to the amendment made by the tribunal; or (c) if, at that time, a court has amended an assessment or an amended assessment made by the Commissioner or an amended assessment made by a tribunal—that taxable income according to the amendment made by the court.
Fringe benefits value (4) For the purposes of this section, a person’s fringe benefits value for a particular tax year is the person’s accepted estimate of the amount by which the total of the assessable fringe benefits received or to be received by the person in the tax year exceeds $1,000.

Note 1: For assessable fringe benefit see subsection 10A(2) and Part 3.12A.

Note 2: For accepted estimate see section 957C.
166 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer allowance Part 2.19 Qualification for and payability of carer allowance Division 2 Section 957B Target foreign income (5) For the purposes of this section, a person’s target foreign income for a particular tax year is the person’s accepted estimate of the amount of the person’s target foreign income for that year.
Note 1: For target foreign income see subsection 10A(2).

Note 2: For accepted estimate see section 957C.

Total net investment loss (6) For the purposes of this section, a person’s total net investment loss for a particular tax year is the person’s accepted estimate of the amount of the person’s total net investment loss (within the meaning of the Income Tax Assessment Act 1997) for that year.

Note: For accepted estimate see section 957C.


Tax free pensions or benefits (7) For the purposes of this section, a person’s tax free pensions or benefits for a particular tax year is the person’s accepted estimate of the total of the person’s tax free pensions or benefits (worked out under clause 7 of Schedule 3 to the A New Tax System (Family Assistance) Act 1999) for that year.

Note: For accepted estimate see section 957C.


Reportable superannuation contributions (8) For the purposes of this section, a person’s reportable superannuation contributions for a particular tax year is the person’s accepted estimate of the amount of the person’s reportable superannuation contributions (within the meaning of the Income Tax Assessment Act 1997) for that year.

Note: For accepted estimate see section 957C.
Deductible child maintenance expenditure (9) For the purposes of this section, a person’s deductible child maintenance expenditure for a particular tax year is the person’s Social Security Act 1991 167 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.19 Carer allowance Division 2 Qualification for and payability of carer allowance Section 957C accepted estimate of the amount worked out under subclause 8(1) of Schedule 3 to the A New Tax System (Family Assistance) Act 1999 for the person for that year.
Note: For accepted estimate see section 957C.

957C Accepted estimates (1) For the purposes of section 957B, a person’s accepted estimate of an income component, or the deductible component, for a particular tax year is that income component, or deductible component, according to the most recent notice given by the person to the Secretary under subsection (2) and accepted by the Secretary for the purposes of this section.

Note: For income component and deductible component see subsection 957B(1).
(2) A person may give the Secretary a notice, in a form approved by the Secretary, setting out the person’s estimate of an income component, or the deductible component, of the person for a tax year.

(3) The notice is to contain, or be accompanied by, such information as is required by the form to be contained in it or to accompany it, as the case may be.

(4) The Secretary is to accept a notice only if the Secretary is satisfied that the estimate is reasonable.
957D Income from long-term financial assets Person is not a member of a couple (1) This is how to work out the person’s deemed income amount under this subsection: Method statement 168 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer allowance Part 2.19 Qualification for and payability of carer allowance Division 2 Section 957D Step 1.
Work out the total value of all of the person’s long-term financial assets on the test day.

Note: For long-term financial asset see subsection 957A(5).

Step 2.
Step 2.

Work out under section 1076 the amount of ordinary income the person would be taken to receive per year on the financial assets: (a) on the assumption that the only financial assets of the person were the financial assets referred to in step 1; and (b) on the assumption that the total value of the person’s financial assets were the amount at step 1.

Step 3.

The result at step 2 is the person’s deemed income amount.
Person is a member of a couple (2) This is how to work out the person’s deemed income amount under this subsection: Method statement Step 1.

Step 2.

If, on the test day, the person has reached the minimum age mentioned in section 301-10 of the Income Tax Assessment Act 1997, work out the total value of all of the person’s long-term financial assets on the test day.

Note: For long-term financial asset see subsection 957A(5).
If, on the test day, the person’s partner has reached the minimum age mentioned in section 301-10 of the Income Tax Assessment Act 1997, work out the total value of all of the person’s partner’s long-term financial assets on the test day.

Social Security Act 1991 169 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.19 Carer allowance Division 2 Qualification for and payability of carer allowance Section 958 Step 3.
Work out under section 1077 the amount of ordinary income the couple would be taken to receive per year on the financial assets: (a) (b) (c) on the assumption that section 1077 applied to the person and the person’s partner; and on the assumption that the only financial assets of the person and the person’s partner were the financial assets referred to in steps 1 and 2 (as applicable); and on the assumption that the total value of the couple’s financial assets were the sum of the amounts at steps 1 and 2 (as applicable).
Step 4.

The result at step 3 is the person’s deemed income amount.

Subdivision B—Limitations on payability 958 Carer allowance not payable if allowance rate nil A carer allowance is not payable to a person if the person’s carer allowance rate would be nil.
964 Carer allowance not payable to 2 people for the same care receiver or care receivers unless declaration made If: (a) 2 persons who are not members of the same couple are each qualified for carer allowance for the same care receiver or care receivers; and (b) the Secretary has not made a declaration under subsection 981(1) in respect of carer allowance for the care receiver or care receivers; and 170 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer allowance Part 2.19 Qualification for and payability of carer allowance Division 2 Section 965 (c) one of the persons is receiving carer allowance for the care receiver or care receivers; carer allowance is not payable to the other person for the care receiver or care receivers.
965 Carer allowance not payable to more than one member of a couple (1) Subject to this section, if one member of a couple is receiving carer allowance for a care receiver or care receivers, carer allowance is not payable to the other member of the couple for the same care receiver or care receivers.
(2) If: (a) the Secretary is satisfied that each of the members of a couple is qualified for carer allowance for the same care receiver or care receivers; and (b) both members of the couple are qualified under section 953, 954 or 954A for carer allowance—each of them has made a claim for carer allowance (whether or not one of them is receiving carer allowance); and (ba) only one of the members of the couple is qualified under section 953, 954 or 954A for carer allowance—that member has made a claim for carer allowance (whether or not one of them is receiving carer allowance); the Secretary is to make a declaration: (c) stating that the Secretary is satisfied that each of them is qualified for carer allowance for the care receiver or care receivers; and (d) naming one of them as the member of the couple to whom carer allowance is payable for the care receiver or care receivers.
(3) If such a declaration is made, carer allowance for the care receiver or care receivers to which the declaration relates is not payable to the member of the couple who is not named in the declaration as mentioned in paragraph (2)(d).
Social Security Act 1991 171 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.19 Carer allowance Division 2 Qualification for and payability of carer allowance Section 966 (4) The Secretary is to give notice of the declaration to each of the members of the couple involved.
(5) In making the declaration, the Secretary must have regard to whether one member of the couple is the primary carer for the care receiver or care receivers.

966 Newly arrived resident’s waiting period (1) A person is subject to a newly arrived resident’s waiting period if the person: (a) has entered Australia; and (b) has not been an Australian resident and in Australia for a period of, or periods totalling, 52 weeks.

Note: For Australian resident see subsection 7(2).


(2) Subsection (1) does not apply to a person who has a qualifying residence exemption for carer allowance.

Note: For qualifying residence exemption in relation to carer allowance see paragraph 7(6AA)(f).

(3) Subsection (1) does not apply to a person if, at the time the person made the claim for carer allowance, the person holds a visa that is in a class of visas determined by the Minister for the purposes of subsection 201AA(5).
(4) Subsection (1) does not apply to a person if: (a) the person is receiving a social security pension or a social security benefit; or (b) the person is receiving farm household allowance under the Farm Household Support Act 2014; or (c) parental leave pay, or dad and partner pay, under the Paid Parental Leave Act 2010 is payable to the person.
(5) Subsection (1) does not apply to a person if: (a) the person is a refugee, or a former refugee, at the time the person made the claim for carer allowance; or (b) the following apply: 172 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer allowance Part 2.19 Qualification for and payability of carer allowance Division 2 Section 967 (i) before the person made the claim for carer allowance, the person was a family member of another person at the time the other person became a refugee; (ii) the person is a family member of that other person at the time the person made the claim for carer allowance or, if that other person has died, the person was a family member of that other person immediately before that other person died; or (c) the person is an Australian citizen at the time the person made the claim for carer allowance.
(6) For the purposes of subsection (5): (a) family member has the meaning given by subsection 7(6D); and (b) former refugee has the meaning given by subsection 7(1); and (c) refugee has the meaning given by subsection 7(6B).

967 Duration of newly arrived resident’s waiting period (1) If a person is subject to a newly arrived resident’s waiting period, the period starts on the day the person first became an Australian resident.
(2) The newly arrived resident’s waiting period ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 52 weeks.
Social Security Act 1991 173 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.19 Carer allowance Division 5 Rate of carer allowance Section 974 Division 5—Rate of carer allowance 974 Rate of carer allowance Daily rate (1) A person’s rate of carer allowance is a daily rate worked out by dividing the person’s fortnightly rate of carer allowance by 14.
Fortnightly rate (2) Subject to subsections (3) and (4), a person’s fortnightly rate of carer allowance for a care receiver or care receivers is $75.60.

Note: The rate of carer allowance is indexed annually (see sections 1190 and 1191).

Reduced fortnightly rate if care receiver undertakes training etc.
(3) If on one or more days (each of which is a training day) in an instalment period in relation to carer allowance a person would have stopped being qualified under section 953, apart from subsection 957(4) (care receiver undertakes training etc.
), the person’s fortnightly rate of carer allowance for that period is to be reduced by the following amount: Number of training days  Daily rate of carer allowance applicable to each training day Rate where carer allowance shared (4) If: (a) 2 people who are not members of the same couple are each qualified for carer allowance for the same care receiver or care receivers; and (b) the Secretary has made a declaration under subsection 981(1) in respect of carer allowance for the care receiver or care receivers; the person’s rate of carer allowance is the share specified in the declaration under paragraph 981(1)(b) of the carer allowance rate 174 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer allowance Part 2.19 Rate of carer allowance Division 5 Section 974 that would otherwise apply in respect of the care receiver or care receivers.
Social Security Act 1991 175 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.19 Carer allowance Division 6 Multiple qualification for carer allowance for same care receiver or receivers Section 981 Division 6—Multiple qualification for carer allowance for same care receiver or receivers 981 Secretary may make declaration where 2 people are qualified for carer allowance for the same care receiver or care receivers (1) If the Secretary is satisfied that 2 people who are not members of the same couple are each qualified for carer allowance for the same care receiver or care receivers, the Secretary is to make a declaration: (a) stating that the Secretary is satisfied that the 2 people are each qualified for carer allowance for the care receiver or care receivers; and (b) specifying the share of the carer allowance for the care receiver or care receivers that each of the 2 people is to receive.
(2) If the Secretary makes a declaration under subsection (1), the Secretary is to give each of the 2 people involved notice of the declaration.

Note 1: Until the declaration under this section is made, only one of the 2 people involved can receive carer allowance for the care receiver or care receivers—see section 964.

Note 2: For the effect of a declaration under this section on the calculation of carer allowance rates see subsection 974(4).
176 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer allowance Part 2.19 Bereavement payments (death of disabled child or adult) Division 10 Section 992J Division 10—Bereavement payments (death of disabled child or adult) Subdivision A—Death of disabled child 992J Continued carer allowance during bereavement rate continuation period where disabled child dies (1) If: (a) a person is receiving carer allowance (other than because of this section or section 954B) for a care receiver who is a disabled child or for care receivers who are 2 disabled children; and (b) the disabled child or one of the disabled children dies; and (c) immediately before the child’s death, the child was an FTB child, or a regular care child, of the person; the person is to be qualified for carer allowance during the bereavement rate continuation period as if the child had not died and had received the care and attention referred to in paragraph 953(1)(d) or 953(2)(d) (as the case may be).
Note 1: For bereavement rate continuation period see subsection 21(2).

Note 2: If a person fails to satisfy paragraph (1)(c), the person may still be qualified for carer allowance for 4 weeks after the death of the child under section 992L.

(2) The rate at which the carer allowance is to be paid during the bereavement rate continuation period is the rate at which the allowance was payable to the person immediately before the day on which the child died.
992K Lump sum payable in some circumstances (1) If: (a) a person is qualified for carer allowance under section 992J in relation to a disabled child, or one of 2 disabled children, who has died; and Social Security Act 1991 177 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.19 Carer allowance Division 10 Bereavement payments (death of disabled child or adult) Section 992L (b) the first available bereavement adjustment payday occurs before the end of the bereavement period; and (c) immediately before the child’s death, the child was an FTB child, or a regular care child, of the person; a lump sum (worked out using the lump sum calculator at the end of this subsection) is payable to the person.
Lump Sum Calculator This is how to work out the amount of the lump sum: Method statement Step 1.

Work out the rate at which carer allowance was payable to the person immediately before the child died.

Step 2.

Work out the number of paydays of the person in the bereavement lump sum period.

Step 3.

Multiply the rate obtained in Step 1 by the number obtained in Step 2: the result is the amount of the lump sum payable to the person under this section.
Note: For first available bereavement adjustment payday, bereavement period and bereavement lump sum period see subsection 21(2).

(2) However, if a person is qualified for carer allowance under section 992J in relation to 2 disabled children both of whom have died at the same time, only one lump sum is payable to the person under this section.
Subdivision B—Death of disabled child (special short-term assistance) 992L Continuation of qualification for carer allowance for 4 weeks in some cases where recipient’s disabled child dies (1) If: 178 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer allowance Part 2.19 Bereavement payments (death of disabled child or adult) Division 10 Section 992LA (a) a person is receiving carer allowance (other than because of this section or section 954B) for a care receiver who is a disabled child or for care receivers who are 2 disabled children; and (b) the disabled child or one of the disabled children dies; and (c) the person is not qualified under section 992J for carer allowance for the disabled child or disabled children; the person is to be qualified for carer allowance for the period of 4 weeks that starts on the day on which the child died as if the child had not died and had received the care and attention referred to in paragraph 953(1)(d) or 953(2)(d) (as the case may be).
(2) The rate at which the carer allowance is to be paid during the 4 week period is the rate at which the allowance was payable to the person immediately before the day on which the child died.
Subdivision BA—Death of disabled adult 992LA Continued carer allowance during bereavement rate continuation period where disabled adult dies (1) If: (a) a person is receiving carer allowance (other than because of this section) for a care receiver who is a disabled adult; and (b) the disabled adult dies; and (c) the person is receiving an income support payment (other than carer payment) at the time of the death of the disabled adult; and (d) the person is not qualified for a payment under a provision of this Act (other than this section), or of the Veterans’ Entitlements Act, in respect of the death of the disabled adult; the person is qualified for carer allowance during the bereavement rate continuation period as if the disabled adult had not died and had received the care and attention referred to in paragraph 954(1)(d) or 954A(1)(d) (as the case may be).
Note: For bereavement rate continuation period see subsection 21(2).
Social Security Act 1991 179 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.19 Carer allowance Division 10 Bereavement payments (death of disabled child or adult) Section 992LB (2) The rate at which the carer allowance is to be paid during the bereavement rate continuation period is the rate at which the allowance was payable to the person immediately before the day on which the disabled adult died.
992LB Lump sum payable in some circumstances If: (a) a person is qualified for carer allowance under section 992LA in relation to a disabled adult who has died; and (b) the first available bereavement adjustment payday occurs before the end of the bereavement period; a lump sum (worked out using the lump sum calculator at the end of this section) is payable to the person.

Lump Sum Calculator This is how to work out the amount of the lump sum: Method statement Step 1.
Work out the rate at which carer allowance was payable to the person immediately before the disabled adult died.

Step 2.

Work out the number of paydays of the person in the bereavement lump sum period.

Step 3.

Multiply the rate obtained in step 1 by the number obtained in step 2: the result is the amount of the lump sum payable to the person under this section.

Note: For first available bereavement adjustment payday, bereavement period and bereavement lump sum period see subsection 21(2).
180 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer allowance Part 2.19 Bereavement payments (death of disabled child or adult) Division 10 Section 992M Subdivision C—Death of recipient 992M Death of recipient (1) If: (a) a person is receiving carer allowance; and (b) the person is a member of a couple; and (c) the person dies; and (d) the person: (i) was qualified at the time of the person’s death for payments under Subdivision A in relation to the death of a disabled child or under Subdivision BA in relation to the death of a disabled adult; or (ii) would have been so qualified if the person had not died; there is payable to the partner an amount equal to the sum of the following amounts: (e) the amount of carer allowance that would have been payable to the person under subsection 992J(2) or 992LA(2), as the case requires, if the person had not died; (f) any lump sum that would have been payable to the person under section 992K or 992LB, as the case requires, if the person had not died.
(2) If: (a) a person is receiving carer allowance; and (b) the person is not a member of a couple; and (c) the person dies; and (d) the person: (i) was qualified at the time of the person’s death for payments under Subdivision A in relation to the death of a disabled child or under Subdivision BA in relation to the death of a disabled adult; or (ii) would have been so qualified if the person had not died; there is payable, to such person as the Secretary thinks appropriate, an amount equal to the sum of the following amounts: Social Security Act 1991 181 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.19 Carer allowance Division 10 Bereavement payments (death of disabled child or adult) Section 992M (e) the amount of carer allowance that would have been payable to the person under subsection 992J(2) or 992LA(2), as the case requires, if the person had not died; (f) any lump sum that would have been payable to the person under section 992K or 992LB, as the case requires, if the person had not died.
182 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Child disability assistance Part 2.19AA Section 992MA Part 2.19AA—Child disability assistance 992MA Child disability assistance definitions In this Part: care receiver has the same meaning as in Part 2.19. disabled child has the same meaning as in Part 2.19. eligible care receiver has the meaning given by section 992MC.
qualified person has the meaning given by subsection 992MB(1).

qualifying instalment has the meaning given by subsection 992MB(2).
992MB Qualification for child disability assistance (1) A person (the qualified person) is qualified for child disability assistance in respect of a particular 1 July if the following conditions are satisfied in respect of one or more instalments of carer allowance: (a) the person was paid the instalment in respect of a period that included that 1 July; (b) either: (i) the instalment was for a care receiver who was a disabled child or for care receivers who were 2 disabled children; or (ii) the instalment was for a care receiver referred to in paragraph 954B(a).
(2) Each instalment in respect of which the conditions in subsection (1) are satisfied is a qualifying instalment.

Social Security Act 1991 183 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.19AA Child disability assistance Section 992MC 992MC Eligible care receivers (1) Each person to whose care a qualifying instalment relates is an eligible care receiver in relation to the qualified person.
(2) However, if subsection 953(2) applied in relation to a qualifying instalment, the 2 disabled children to whom the instalment relates are to be treated as if they were a single eligible care receiver in relation to the qualified person.
992MD Amount of child disability assistance (1) The amount of child disability assistance for the qualified person in respect of the 1 July is worked out by adding together the amount applicable under subsection (2) for each eligible care receiver in relation to the qualified person.
(2) The amount applicable under this subsection for an eligible care receiver is: (a) $1,000; or (b) if the rate at which the qualifying instalment was paid took account of a determination under subsection 981(1) of a particular share (being a percentage or proportion) in relation to an eligible care receiver—that share of $1,000.
184 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 One-off payments to carers eligible for carer allowance Part 2.19A One-off payment to carers eligible for carer allowance Division 1 Section 992N Part 2.19A—One-off payments to carers eligible for carer allowance Division 1—One-off payment to carers eligible for carer allowance 992N One-off payment to carers (carer allowance related) (1) A person (the qualified person) is qualified for a one-off payment to carers (carer allowance related) if the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person: (a) the instalment was in respect of a period that included 11 May 2004; (b) the reason why the instalment covered 11 May 2004 was not only because of clause 16 or 17 of Schedule 2 to the Social Security (Administration) Act 1999.
(2) For the purposes of this Part, the instalment, or each instalment, in relation to which paragraphs (1)(a) and (b) are satisfied is a qualifying instalment.

Note: The person may also be qualified for a one-off payment to carers (carer payment related) under Division 1 of Part 2.5A.

992O In respect of what care receivers is the payment payable?

(1) Subject to subsection (2), each person to whose care a qualifying instalment relates is an eligible care receiver in relation to the qualified person.
(2) If subsection 953(2) applied in relation to a qualifying instalment, the 2 disabled children to whom the instalment relates are to be treated as if they were a single eligible care receiver in relation to the qualified person.
Social Security Act 1991 185 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.19A One-off payments to carers eligible for carer allowance Division 1 One-off payment to carers eligible for carer allowance Section 992P 992P What is the amount of the payment?
Add together the amounts applicable under this section for each eligible care receiver (1) The amount of the one-off payment to the qualified person is worked out by adding together the amounts applicable under this section for each eligible care receiver.

Amount is $600 unless subsection (3) applies (2) Subject to subsection (3), the amount applicable for an eligible care receiver is $600.
Reduced amount if instalment rate took account of a subsection 981(1) determination (3) If the rate at which a qualifying instalment was paid took account of a determination under subsection 981(1) of a particular share (being a percentage or proportion) in relation to an eligible care receiver, the amount applicable for the eligible care receiver is that share of $600.
186 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 One-off payments to carers eligible for carer allowance Part 2.19A 2005 one-off payment to carers eligible for carer allowance Division 2 Section 992Q Division 2—2005 one-off payment to carers eligible for carer allowance 992Q 2005 one-off payment to carers (carer allowance related) (1) A person (the qualified person) is qualified for a 2005 one-off payment to carers (carer allowance related) if the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person: (a) the instalment was in respect of a period that included 10 May 2005; (b) the reason why the instalment covered 10 May 2005 was not only because of clause 16 or 17 of Schedule 2 to the Social Security (Administration) Act 1999.
(2) For the purposes of this Part, the instalment, or each instalment, in relation to which paragraphs (1)(a) and (b) are satisfied is a qualifying instalment.

Note: The person may also be qualified for a 2005 one-off payment to carers (carer payment related) under Division 2 of Part 2.5A.

992R In respect of what care receivers is the payment payable?

(1) Subject to subsection (2), each person to whose care a qualifying instalment relates is an eligible care receiver in relation to the qualified person.
(2) If subsection 953(2) applied in relation to a qualifying instalment, the 2 disabled children to whom the instalment relates are to be treated as if they were a single eligible care receiver in relation to the qualified person.
Social Security Act 1991 187 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.19A One-off payments to carers eligible for carer allowance Division 2 2005 one-off payment to carers eligible for carer allowance Section 992S 992S What is the amount of the payment?
Add together the amounts applicable under this section for each eligible care receiver (1) The amount of the one-off payment to the qualified person is worked out by adding together the amounts applicable under this section for each eligible care receiver.

Amount is $600 unless subsection (3) applies (2) Subject to subsection (3), the amount applicable for an eligible care receiver is $600.
Reduced amount if instalment rate took account of a subsection 981(1) determination (3) If the rate at which a qualifying instalment was paid took account of a determination under subsection 981(1) of a particular share (being a percentage or proportion) in relation to an eligible care receiver, the amount applicable for the eligible care receiver is that share of $600.
188 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 One-off payments to carers eligible for carer allowance Part 2.19A 2006 one-off payment to carers eligible for carer allowance Division 3 Section 992T Division 3—2006 one-off payment to carers eligible for carer allowance 992T 2006 one-off payment to carers (carer allowance related) (1) A person (the qualified person) is qualified for a 2006 one-off payment to carers (carer allowance related) if the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person: (a) the instalment was in respect of a period that includes 9 May 2006; (b) the reason why that instalment covered 9 May 2006 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act; (c) the person was paid that instalment because of a claim the person made on or before 9 May 2006.
(2) For the purposes of this Part, the instalment, or each instalment, in relation to which paragraphs (1)(a), (b) and (c) are satisfied is a qualifying instalment.

992U In respect of which care receivers is the payment payable?

(1) Subject to subsection (2), each person to whose care a qualifying instalment relates is an eligible care receiver in relation to the qualified person.
(2) If subsection 953(2) applied in relation to a qualifying instalment, the 2 disabled children to whom the instalment relates are to be treated as if they were a single eligible care receiver in relation to the qualified person.
Social Security Act 1991 189 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.19A One-off payments to carers eligible for carer allowance Division 3 2006 one-off payment to carers eligible for carer allowance Section 992V 992V Amount of the one-off payment Add together the amounts applicable under this section for each eligible care receiver (1) The amount of the one-off payment to the qualified person is worked out by adding together the amounts applicable under this section for each eligible care receiver.
Amount is $600 unless subsection (3) applies (2) Subject to subsection (3), the amount applicable for an eligible care receiver is $600.

Reduced amount if instalment rate took account of a subsection 981(1) determination (3) If the rate at which a qualifying instalment was paid took account of a determination under subsection 981(1) of a particular share (being a percentage or proportion) in relation to an eligible care receiver, the amount applicable for the eligible care receiver is that share of $600.
190 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 One-off payments to carers eligible for carer allowance Part 2.19A 2007 one-off payment to carers eligible for carer allowance Division 4 Section 992WA Division 4—2007 one-off payment to carers eligible for carer allowance 992WA 2007 one-off payment to carers (carer allowance related) (1) A person (the qualified person) is qualified for a 2007 one-off payment to carers (carer allowance related) if the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person: (a) the instalment was in respect of a period that includes 8 May 2007; (b) the reason why that instalment covered 8 May 2007 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act; (c) the person was paid that instalment because of a claim the person made on or before 8 May 2007.
(2) For the purposes of this Part, the instalment, or each instalment, in relation to which paragraphs (1)(a), (b) and (c) are satisfied is a qualifying instalment.

992WB Eligible care receivers (1) Subject to subsection (2), each person to whose care a qualifying instalment relates is an eligible care receiver in relation to the qualified person.
(2) If subsection 953(2) applied in relation to a qualifying instalment, the 2 disabled children to whom the instalment relates are to be treated as if they were a single eligible care receiver in relation to the qualified person.
Social Security Act 1991 191 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.19A One-off payments to carers eligible for carer allowance Division 4 2007 one-off payment to carers eligible for carer allowance Section 992WC 992WC Amount of the one-off payment Add together the amounts applicable under this section for each eligible care receiver (1) The amount of the one-off payment to the qualified person is worked out by adding together the amounts applicable under this section for each eligible care receiver.
Amount is $600 unless subsection (3) applies (2) Subject to subsection (3), the amount applicable for an eligible care receiver is $600.

Reduced amount if instalment rate took account of a subsection 981(1) determination (3) If the rate at which a qualifying instalment was paid took account of a determination under subsection 981(1) of a particular share (being a percentage or proportion) in relation to an eligible care receiver, the amount applicable for the eligible care receiver is that share of $600.
192 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 One-off payments to carers eligible for carer allowance Part 2.19A 2008 one-off payment to carers eligible for carer allowance Division 5 Section 992WD Division 5—2008 one-off payment to carers eligible for carer allowance 992WD 2008 one-off payment to carers (carer allowance related) (1) A person (the qualified person) is qualified for a 2008 one-off payment to carers (carer allowance related) if the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person: (a) the instalment was in respect of a period that includes 13 May 2008; (b) the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act; (c) the person was paid that instalment because of a claim the person made on or before 13 May 2008.
(2) For the purposes of this Part, the instalment, or each instalment, in relation to which paragraphs (1)(a), (b) and (c) are satisfied is a qualifying instalment.

992WE Eligible care receivers (1) Subject to subsection (2), each person to whose care a qualifying instalment relates is an eligible care receiver in relation to the qualified person.
(2) If subsection 953(2) applied in relation to a qualifying instalment, the 2 disabled children to whom the instalment relates are to be treated as if they were a single eligible care receiver in relation to the qualified person.
Social Security Act 1991 193 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.19A One-off payments to carers eligible for carer allowance Division 5 2008 one-off payment to carers eligible for carer allowance Section 992WF 992WF Amount of the one-off payment Add together the amounts applicable under this section for each eligible care receiver (1) The amount of the one-off payment to the qualified person is worked out by adding together the amounts applicable under this section for each eligible care receiver.
Amount is $600 unless subsection (3) applies (2) Subject to subsection (3), the amount applicable for an eligible care receiver is $600.

Reduced amount if instalment rate took account of a subsection 981(1) determination (3) If the rate at which a qualifying instalment was paid took account of a determination under subsection 981(1) of a particular share (being a percentage or proportion) in relation to an eligible care receiver, the amount applicable for the eligible care receiver is that share of $600.
194 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer supplement Part 2.19B Section 992X Part 2.19B—Carer supplement 992X Carer supplement Qualifying for carer supplement (1) A person (the qualified person) is qualified for carer supplement for a year if the person was or is paid an instalment (the qualifying instalment) of carer allowance, carer payment or carer service pension in respect of a period that includes 1 July in the year.
Note: There may be more than one qualifying instalment for carer supplement for a year.

For example, if a person is paid both an instalment of carer allowance and an instalment of carer payment in respect of a period including 1 July in the year, both instalments are qualifying instalments for carer supplement for the year for the person.
Amount of carer supplement (2) The amount of carer supplement for the qualified person for the year is the total worked out in accordance with the table (taking account of every relevant item of the table): 1 2 3 5 Amount of carer supplement Item If: The qualifying instalment is of carer allowance Include this amount in the total: The amount worked out under subsection (3) for each eligible care receiver (see subsections (4) and (5)) The qualifying instalment is of carer payment The qualifying instalment is of carer service pension Both of the following apply: (a) the qualifying instalment is of carer allowance; $600 $600 $600 Social Security Act 1991 195 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.19B Carer supplement Section 992X Amount of carer supplement Item If: Include this amount in the total: (b) the qualified person was or is also paid an instalment of partner service pension under the Veterans’ Entitlements Act in respect of a period that includes the day described in subsection (1) for the year Amount for eligible care receiver (3) The amount for an eligible care receiver is: (a) $600; or (b) if the rate at which the qualifying instalment was paid takes account of a determination under subsection 981(1) of a particular share (being a percentage or proportion) in relation to the eligible care receiver—that share of $600.
Example 1: Assume that: (a) the qualified person qualifies for carer supplement for 2010 because he or she is paid a qualifying instalment of carer allowance relating to 3 eligible care receivers; and the rate of the qualifying instalment takes account of a determination under subsection 981(1) of a half share in relation to one of those eligible care receivers; and the qualified person is also paid an instalment of partner service pension for a period including 1 July 2010.
(b) (c) The amount of carer supplement for the qualified person for 2010 is $2,100, made up of $600 each for 2 of the eligible care receivers, $300 (which is half of $600) for the eligible care receiver to whom the half-share determination relates and $600 relating to the partner service pension.
Example 2: Assume that the qualified person qualifies for carer supplement for 2011 because he or she is paid a qualifying instalment of carer allowance relating to one eligible care receiver and also because the qualifying person is paid a qualifying instalment of carer payment.

The amount of carer supplement for the qualified person for 2011 is $1,200, made up of $600 relating to carer allowance relating to the eligible care receiver and $600 relating to carer payment.
196 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Carer supplement Part 2.19B Section 992X Effect of nil rates of carer payment, partner service pension and carer service pension (3A) If: (a) a person: (i) is not paid an instalment of carer payment under this Act in respect of a period that includes 1 July in a year because the person’s rate of that payment in respect of that period is nil; or (ii) is not paid an instalment of partner service pension or carer service pension under the Veterans’ Entitlements Act in respect of a period that includes 1 July in a year because the person’s rate of that pension in respect of that period is nil; and (b) the person’s rate of that payment or pension in respect of that period is worked out having regard to an income test module of a rate calculator in this Act or the Veterans’ Entitlements Act; and (c) either: (i) if subparagraph (a)(i) applies—the person has employment income (within the meaning of this Act) in respect of that period; or (ii) if subparagraph (a)(ii) applies—the person has employment income (within the meaning of section 46AB of the Veterans’ Entitlements Act) in respect of that period; and (d) the person would have been paid an instalment of that payment or pension in respect of that period if all of the person’s income, and all of the person’s partner’s income (if any), in respect of that period were disregarded; the person is taken, for the purposes of this section, to have been paid an instalment of that payment or pension in respect of that period.
Social Security Act 1991 197 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.19B Carer supplement Section 992X Definition of eligible care receiver (4) Each person to whose care a qualifying instalment of carer allowance relates is an eligible care receiver in relation to the qualified person.
(5) However, if subsection 953(2) applies in relation to a qualifying instalment, the 2 disabled children to whom the instalment relates are to be treated as if they were a single eligible care receiver in relation to the qualified person.

Definition of carer service pension (6) In this section: carer service pension means carer service pension that is payable because of subclause 8(2) or (4) of Schedule 5 to the Veterans’ Entitlements Act.
198 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Double orphan pension Part 2.20 DOP child status Division 1 Section 993 Part 2.20—Double orphan pension Division 1—DOP child status 993 Double orphan—not refugee (1) A young person is a double orphan if: (a) the young person is not a refugee child; and (b) each parent of the young person is dead.

Note 1: For young person and parent see section 5.


Note 2: For refugee child see section 995.

Note 3: If the young person does not qualify as a double orphan under this subsection, and the young person is a refugee child, the young person may qualify as a double orphan under section 994.
(2) A young person is a double orphan if: (a) the young person is not a refugee child; and (b) one parent of the young person is dead; and (c) the other parent of the young person is: (i) a long-term prisoner; or (ii) a mental hospital patient on a long-term basis; or (iii) in residential care on a long-term basis; or (iv) uncontactable.

Note 1: For young person and parent see section 5.

Note 2: For refugee child see section 995.

Note 3: For long-term prisoner see section 996.


Note 4: For mental hospital patient on a long-term basis, see subsection 997(1).

Note 4A: For in residential care on a long-term basis, see subsection 997(2).

Note 5: For uncontactable see section 998.
(3) If a young person (other than an adopted child) is a relationship child of a person because he or she is a child of the person, and of another person, within the meaning of the Family Law Act 1975, Social Security Act 1991 199 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.20 Double orphan pension Division 1 DOP child status Section 994 the person and the other person are taken to be the young person’s only parents for the purposes of this section.
994 Double orphan—refugee (1) A young person is a double orphan if: (a) the young person is a refugee child; and (b) one parent of the young person is: (i) dead; or (ii) living outside Australia; or (iii) uncontactable; and (c) the other parent, if any, is: (i) dead; or (ii) living outside Australia; or (iii) uncontactable; or (iv) a long-term prisoner; or (v) a mental hospital patient on a long-term basis; or (vi) in residential care on a long-term basis.

Note 1: For young person and parent see section 5.


Note 2: For refugee child see section 995.

Note 3: For uncontactable see section 998.

Note 4: For long-term prisoner see section 996.

Note 5: For mental hospital patient on a long-term basis, see subsection 997(1).

Note 5A: For in residential care on a long-term basis, see subsection 997(2).
(2) If a young person (other than an adopted child) is a relationship child of a person because he or she is a child of the person, and of another person, within the meaning of the Family Law Act 1975, the person and the other person are taken to be the young person’s only parents for the purposes of this section.
995 Refugee child (1) A young person is a refugee child if: 200 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Double orphan pension Part 2.20 DOP child status Division 1 Section 996 (a) the young person is not an adopted child by virtue of an adoption under a law in force in a State or Territory of the Commonwealth; and (b) the young person has not, at any time, lived in Australia with one or both of his or her parents; and (c) the young person: (i) has been granted refugee status by the Australian Government; or (ii) has, at any time, been admitted into Australia as a refugee by the Australian Government; or (iii) the young person has been, at any time, admitted into Australia in accordance with the terms of a special humanitarian program of the Australian Government that has been approved by the Minister for the purposes of this definition.
(2) An approval of a special humanitarian program for the purposes of subparagraph (1)(c)(iii) may be expressed to have retrospective effect to the date of the establishment of the program.

(3) If a young person (other than an adopted child) is a relationship child of a person because he or she is a child of the person, and of another person, within the meaning of the Family Law Act 1975, the person and the other person are taken to be the young person’s only parents for the purposes of this section.
996 Long-term prisoner (1) For the purposes of this Division, a person is a long-term prisoner if the person: (a) has been convicted of an offence; and (b) has been sentenced to imprisonment: (i) for life; or (ii) for a term of at least 10 years; and (c) is serving the sentence.
Social Security Act 1991 201 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.20 Double orphan pension Division 1 DOP child status Section 997 (2) For the purposes of this Division, a person is a long-term prisoner if: (a) the person has been charged with an offence punishable by imprisonment for life or for a term of at least 10 years; and (b) the person has not been convicted of the offence; and (c) the person is in custody; and (d) the person is not serving a sentence of imprisonment for life or for a term of 10 years or more imposed as a result of conviction of another offence.
997 Patient on a long-term basis Mental hospital patient (1) For the purposes of this Division, a person is a mental hospital patient on a long-term basis if: (a) the person is a mental hospital patient; and (b) the Secretary is satisfied that the person will require care and treatment for an indefinite period.

Note: For mental hospital patient see section 23.


Nursing home patient (2) For the purposes of this Division, a person is in residential care on a long-term basis if: (a) the person is in residential care; and (b) the Secretary is satisfied that the person will be in residential care for an indefinite period.
998 Person uncontactable For the purposes of this Division, a person is uncontactable if the person’s whereabouts are not known to the person or approved care organisation claiming or receiving the double orphan pension concerned.
202 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Double orphan pension Part 2.20 Qualification for and payability of double orphan pension Division 2 Section 999 Division 2—Qualification for and payability of double orphan pension Subdivision A—Qualification 999 Qualification for double orphan pension Persons other than approved care organisations (1) A person is qualified for a double orphan pension for a young person if: (a) the young person is an FTB child of the person, or would be an FTB child of the person except that the young person, or someone on behalf of the young person, is receiving payments under a prescribed educational scheme; and (b) the person is eligible for family tax benefit, or would be so eligible except that: (i) the young person is not an FTB child of the person, but only because of the receipt of the payments referred to in paragraph (a); or (ii) the person’s rate of family tax benefit, worked out under Division 1 of Part 4 of the Family Assistance Act, is nil; and (c) on the day on which the person claims the double orphan pension, the young person is a double orphan; and (d) either: (i) the young person continues to be a double orphan; or (ii) if the young person is no longer a double orphan, the person has not become aware that the young person is no longer a double orphan.
Approved care organisations (2) An approved care organisation is qualified for a double orphan pension for a young person if: Social Security Act 1991 203 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.20 Double orphan pension Division 2 Qualification for and payability of double orphan pension Section 1003 (a) the organisation is eligible for family tax benefit for the young person, or would be eligible for family tax benefit for the young person except that the young person, or someone on behalf of the young person, is receiving payments under a prescribed education scheme; or (b) on the day on which the organisation claims the double orphan pension, the young person is a double orphan; and (c) either: (i) the young person continues to be a double orphan; or (ii) if the young person is no longer a double orphan—the organisation has not become aware that the young person is no longer a double orphan.
Note 1: For double orphan see sections 993 and 994.

Note 2: For approved care organisation see sections 6 and 35.

Subdivision B—Payability 1003 Double orphan pension not payable for child receiving a pension under the Veterans’ Entitlements Act (1) A double orphan pension is not payable for a child in relation to an instalment period for family tax benefit if the child is receiving a pension under Part II or IV of the Veterans’ Entitlements Act.
(2) In subsection (1): instalment period for family tax benefit means a period that is an instalment period for the purposes of section 23 of the Family Assistance Administration Act.
204 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Double orphan pension Part 2.20 Rate of double orphan pension Division 5 Section 1010 Division 5—Rate of double orphan pension 1010 Rate of double orphan pension (1) Subject to subsections (1A) to (3A), the rate of double orphan pension is a daily rate calculated by dividing $37.90 by 14.
(1A) If a person who is qualified for double orphan pension for a child has, under section 59 of the Family Assistance Act, a shared care percentage for the child, the rate of double orphan pension under subsection (1) is the person’s shared care percentage of the rate of double orphan pension that would otherwise apply under that subsection to the child.
Children who became double orphans before 1 July 2000 (2) If: (a) a child became a double orphan before 1 July 2000; and (b) the person who is qualified for double orphan pension for the child does not, under section 59 of the Family Assistance Act, have a shared care percentage for the child; and (c) the current family tax benefit rate in respect of the child is less than the prior family allowance rate in respect of the child; then the rate calculated under subsection (1) in relation to the child is increased by an amount equal to the difference between the prior family allowance rate and the current family tax benefit rate.
(2A) If: (a) a child became a double orphan before 1 July 2000; and (b) the person who is qualified for double orphan pension for the child has, under section 59 of the Family Assistance Act, a shared care percentage for the child; and (c) the current family tax benefit rate in respect of the child is less than the shared care percentage of the prior family allowance rate in respect of the child; Social Security Act 1991 205 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.20 Double orphan pension Division 5 Rate of double orphan pension Section 1010 then the rate calculated under subsections (1) and (1A) in relation to the child is increased by an amount equal to the difference between: (d) the person’s shared care percentage of the prior family allowance rate; and (e) the current family tax benefit rate.
Children who become double orphans on or after 1 July 2000 (3) If: (a) a child becomes a double orphan on or after 1 July 2000; and (b) the person who is qualified for double orphan pension for the child does not, under section 59 of the Family Assistance Act, have a shared care percentage for the child; and (c) the current family tax benefit rate in respect of the child is less than the prior family tax benefit rate in respect of the child; then the rate calculated under subsection (1) in relation to the child is increased by an amount equal to the difference between the prior family tax benefit rate and the current family tax benefit rate.
(3A) If: (a) a child becomes a double orphan on or after 1 July 2000; and (b) the person who is qualified for double orphan pension for the child has, under section 59 of the Family Assistance Act, a shared care percentage for the child; and (c) the current family tax benefit rate in respect of the child is less than the shared care percentage of the prior family tax benefit rate in respect of the child; then the rate calculated under subsections (1) and (1A) in relation to the child is increased by an amount equal to the difference between: (d) the person’s shared care percentage of the prior family tax benefit rate; and (e) the current family tax benefit rate.
206 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Double orphan pension Part 2.20 Rate of double orphan pension Division 5 Section 1010 (4) Subsections (2) and (3) do not have effect in relation to a child at any time at which double orphan pension in respect of the child is payable to an approved care organisation.
(5) In this section: current family tax benefit rate, in relation to a child, means the rate represented by so much of an individual’s Part A rate of family tax benefit as relates to the child.

prior family allowance rate, in relation to a child, means the rate at which family allowance was payable in respect of the child immediately before the child became a double orphan.
prior family tax benefit rate, in relation to a child, means the rate represented by so much of an individual’s Part A rate of family tax benefit as related to the child immediately before the child became a double orphan.
Social Security Act 1991 207 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.20 Double orphan pension Division 10 Bereavement payments (death of DOP child) Section 1033 Division 10—Bereavement payments (death of DOP child) Subdivision A—Death of DOP child (General) 1033 Continued double orphan pension during bereavement rate continuation period where DOP child dies If: (a) a person is receiving double orphan pension for a young person; and (b) the young person dies; and (c) immediately before the young person died: (ii) the young person was an FTB child of the person; or (iii) the person was receiving a service pension or income support supplement whose rate included: (A) a dependent child add-on for the young person; or (B) guardian allowance in respect of the young person; the person is to be qualified for double orphan pension for the young person during the bereavement rate continuation period as if the young person had not died.
1034 Lump sum payable in some circumstances If: (a) a person is qualified for double orphan pension under section 1033 in relation to the death of a DOP child; and (b) the first available bereavement adjustment payday occurs before the end of the bereavement period; and (c) immediately before the child died, the child was an FTB child; a lump sum (worked out using the lump sum calculator at the end of this section) is payable to the person.
208 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Double orphan pension Part 2.20 Bereavement payments (death of DOP child) Division 10 Section 1034AA LUMP SUM CALCULATOR This is how to work out the amount of the lump sum: Method statement Step 1.
Work out the rate at which double orphan pension was payable immediately before the first available bereavement adjustment payday: the result is called the continued rate.

Step 2.

Work out the number of the person’s paydays in the bereavement lump sum period.

Step 3.

Multiply the continued rate by the number obtained in Step 2: the result is the amount of the lump sum payable to the person under this section.
Subdivision AA—Death of dependent child (special short-term assistance) 1034AA Continuation of qualification for double orphan pension for 4 weeks in some cases where recipient’s DOP child dies If: (a) a person is receiving double orphan pension for a young person; and (b) the young person dies; and (c) the person is not qualified for double orphan pension under section 1033 in respect of the young person; the person is to be qualified for double orphan pension, for the period of 4 weeks that starts on the day after the day on which the young person died, as if the young person had not died.
Social Security Act 1991 209 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.20 Double orphan pension Division 10 Bereavement payments (death of DOP child) Section 1034A Subdivision B—Death of recipient 1034A Death of recipient (1) If: (a) a person is receiving a double orphan pension; and (b) the person is a member of a couple; and (c) the person dies; and (d) the person: (i) was qualified at the time of the person’s death for payments under Subdivision A in relation to the death of a DOP child; or (ii) would have been so qualified if the person had not died; and (e) the person’s partner claims the payments referred to in paragraph (d) within 3 months after the death of the child; there is payable to the partner an amount equal to the sum of the following amounts: (f) the amount of double orphan pension that would have been payable to the person under section 1033 if the person had not died; (g) any lump sum that would have been payable to the person under section 1034 if the person had not died.
(2) If: (a) a person is receiving a double orphan pension; and (b) the person is not a member of a couple; and (c) the person dies; and (d) the person: (i) was qualified at the time of the person’s death for payments under Subdivision A in relation to the death of a DOP child; or (ii) would have been so qualified if the person had not died; there is payable, to such person as the Secretary thinks appropriate, an amount equal to the sum of the following amounts: 210 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Double orphan pension Part 2.20 Bereavement payments (death of DOP child) Division 10 Section 1034A (e) the amount of double orphan pension that would have been payable to the person under section 1033 if the person had not died; and (f) any lump sum that would have been payable to the person under section 1034 if the person had not died.
Social Security Act 1991 211 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.21 Mobility allowance Division 1 Qualification for and payability of mobility allowance Section 1035 Part 2.21—Mobility allowance Division 1—Qualification for and payability of mobility allowance Subdivision A—Qualification 1035 Qualification for mobility allowance (rate specified in subsection 1044(1)) (1) A person is qualified for a mobility allowance at the rate specified in subsection 1044(1) if the person satisfies the travel test set out in subsection (2) and: (a) all of the following apply: (i) the person is a handicapped person; (ii) the person is engaged in gainful employment; (iii) the Secretary is of the opinion that: (A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and (B) the person’s inability to use public transport without substantial assistance is due to the person’s physical or mental disability; and (C) the person is engaged in the gainful employment for at least 32 hours in every 4 weeks on a continuing basis; (iv) the person is an Australian resident; or (b) all of the following apply: (i) the person is a handicapped person; (ii) the person is undertaking vocational training; (iii) the Secretary is of the opinion that: (A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and 212
 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Mobility allowance Part 2.21 Qualification for and payability of mobility allowance Division 1 Section 1035 (B) the person’s inability to use public transport without substantial assistance is due to the person’s physical or mental disability; and (C) the person is undertaking the vocational training for at least 32 hours in every 4 weeks on a continuing basis;
 (iv) the person is an Australian resident; or (c) all of the following apply: (i) the person is a handicapped person; (ii) the person is receiving jobseeker payment, youth allowance or austudy payment; (iii) the Secretary is of the opinion that: (A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and (B) the person’s inability to use public transport without substantial assistance is due to the person’s physical or mental disability; and (iv) the person is required to satisfy the activity test; (iv) if the person is receiving jobseeker payment—the person is required to satisfy the employment pathway plan requirements; (iva) if the person is receiving youth allowance—the person is undertaking full-time study (see section 541B) or is required to satisfy the employment pathway plan requirements; (ivb) if the person is receiving austudy payment—the person is required to satisfy the activity test; (v) the person is an Australian resident; or (d) all of the following apply: (i) the person is a handicapped person; (ii) the Secretary is of the opinion that: (A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and Social Security Act 1991 213 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.21 Mobility allowance Division 1 Qualification for and payability of mobility allowance Section 1035 (B) the person’s inability to use public transport without substantial assistance is due to the person’s physical or mental disability; and (C) the person is undertaking job search activities under an agreement between the Secretary and a service provider nominated by the Secretary; (iii) the person is an Australian resident; or (e) all of the following apply: (i) the person is a handicapped person; (ii) the Secretary is of the opinion that: (A) the person is
 unable to use public transport without substantial assistance, either permanently or for an extended period; and (B) the person’s inability to use public transport without substantial assistance is due to the person’s physical or mental disability; and (C) the person is undertaking job search activities under the Competitive Employment Placement and Training Program administered by the Department; (iii) the person is an Australian resident; or (f) all of the following apply: (i) the person is a handicapped person; (ii) the Secretary is of the opinion that: (A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and (B) the person’s inability to use public transport without substantial assistance is due to the person’s physical or mental disability; and (C) the person is engaged in voluntary work for at least 32 hours in every 4 weeks on a continuing basis; (iii) the person is an Australian resident; or (g) all of the following apply: 214 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Mobility allowance Part 2.21 Qualification for and payability of mobility allowance Division 1 Section 1035 (i) the person is a handicapped person; (ii) the Secretary is of the opinion that: (A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and (B) the person’s inability to use public transport without substantial assistance is due to the person’s physical or mental disability; (iii) the Secretary is of the opinion that the person is undertaking a combination of any 2 or more of the following: (A) gainful employment; (B) vocational training; (C) voluntary work; for at least 32 hours in every 4 weeks on a continuing basis; (iv) the person is an Australian resident; or (h) all of the following apply: (i) the person is a handicapped person; (ii)
 the person is undertaking a vocational rehabilitation program; (iii) the Secretary is of the opinion that: (A) the person is unable to use public transport without substantial assistance, either permanently or for an extended period; and (B) the person’s inability to use public transport without substantial assistance is due to the person’s physical or mental disability; (iv) the person is an Australian resident.
(2) A person satisfies the travel test mentioned in subsection (1) if the person is required to travel to and from the person’s home for the purpose of undertaking: (a) gainful employment; or (b) vocational training; or Social Security Act 1991 215 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.21 Mobility allowance Division 1 Qualification for and payability of mobility allowance Section 1035A (c) job search activities; or (d) voluntary work; or (e) a vocational rehabilitation program.
(3) In this section: vocational rehabilitation program means a rehabilitation program (or follow-up program) under Part III of the Disability Services Act 1986 that provides a person with assistance to obtain or retain unsupported paid employment.
Note: A vocational rehabilitation program may include vocational training within the meaning of section 19. vocational training means vocational training within the meaning of section 19 (other than training provided as part of a rehabilitation program or follow-up program under Part III of the Disability Services Act 1986).

voluntary work means work approved by the Secretary undertaken in a voluntary capacity for charitable, welfare or community organisations.
1035A Qualification for mobility allowance (rate specified in subsection 1044(1A)) General principle (1) A person is qualified for a mobility allowance at the rate specified in subsection 1044(1A) if: (a) the person is a handicapped person; and (b) the Secretary is of the opinion that the person is unable to use public transport without substantial assistance (either permanently or for an extended period) due to the person’s physical or mental disability; and (c) the person is an Australian resident; and (d) the person satisfies one or more of subsections (2) to (9).
216 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Mobility allowance Part 2.21 Qualification for and payability of mobility allowance Division 1 Section 1035A Disability support pension (2) A person satisfies this subsection if: (a) at a particular time, the person’s hours of work per week, on wages that are at or above the relevant minimum wage increase to at least 30 hours per week; and (b) immediately before that time, the person was receiving disability support pension as a result of a claim made before 1 July 2006; and (c) the person ceased to be qualified for disability support pension because of the increase in the number of hours worked; and (d) since the time mentioned in paragraph (a), the person: (i) has been working at least 30 hours per week on wages that are at or above the relevant minimum wage; and (ii) has not received another income support payment; and (e) the person is required to travel to and from the person’s home for the purpose of performing that work.
However, this subsection ceases to apply to a transitional DSP applicant from the date of effect of the first decision about the person’s capacity to perform work made on or after 1 July 2006 following a review of the person’s capacity to perform work.
(3) A person satisfies this subsection if: (a) the person is receiving disability support pension; and (b) one or both of the following applies to the person: (i) the person is working for at least 15 hours per week on wages that are at or above the relevant minimum wage; (ii) the person is undertaking job search activities under an agreement between the Secretary and the person, or an employment pathway plan that is in force in relation to the person, for work of at least 15 hours per week on wages that are at or above the relevant minimum wage; and (c) if the person is working as mentioned in subparagraph (b)(i)—the person is required to travel to and Social Security Act 1991 217 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.21 Mobility allowance Division 1 Qualification for and payability of mobility allowance Section 1035A from the person’s home for the purpose of performing the work; and (d) if the person is undertaking job search activities as mentioned in subparagraph (b)(ii)—the person is required to travel to and from the person’s home for the purpose of undertaking those activities.
(4) A person satisfies this subsection if: (a) subsection (2) does not apply (or has ceased to apply) to the person; and (b) the person is working for at least 30 hours per week on wages that are at or above the relevant minimum wage; and (c) immediately before the person started that work, the person was receiving disability support pension; and (d) the person ceased to be qualified for disability support pension because of the number of hours worked; and (e) since starting that work, the person: (i) has been working at least 30 hours per week on wages that are at or above the relevant minimum wage; and (ii) has not received another income support payment; and (f) the person is required to travel to and from the person’s home for the purpose of performing that work.
(5) A person satisfies this subsection if: (a) subsection (2) does not apply (or has ceased to apply) to the person; and (b) at a particular time, the person starts to earn income from work or the person’s income from work increases; and (c) immediately before that time, the person was receiving disability support pension; and (d) the disability support pension ceased to be payable to the person because the rate of the pension is nil due to the income, or increased income, the person earned from the work; and 218 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Mobility allowance Part 2.21 Qualification for and payability of mobility allowance Division 1 Section 1035A (e) since the time mentioned in paragraph (b), the person has been working at least 15 hours per week on wages that are at or above the relevant minimum wage; and (f) the person is required to travel to and from the person’s home for the purpose of performing that work; and (g) since the time mentioned in paragraph (b), no income support payment has been payable to the person because the rate of the payment is nil due to the income, or increased income, the person has been earning from the work.
Jobseeker payment, youth allowance or parenting payment recipients (6) A person satisfies this subsection if: (a) the person: (i) is receiving jobseeker payment; or (ii) is receiving youth allowance, but is not undertaking full-time study and is not a new apprentice; or (iii) is receiving parenting payment; and (b) one or both of the following applies to the person: (i) the person is working for at least 15 hours per week on wages that are at or above the relevant minimum wage; (ii) the person is undertaking job search activities under an agreement between the Secretary and the person, or an employment pathway plan that is in force in relation to the person, for work of at least 15 hours per week on wages that are at or above the relevant minimum wage; and (c) if the person is working as mentioned in subparagraph (b)(i)—the person is required to travel to and from the person’s home for the purpose of performing the work; and (d) if the person is undertaking job search activities as mentioned in subparagraph (b)(ii)—the person is required to travel to and from the person’s home for the purpose of undertaking those activities.
Social Security Act 1991 219 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.21 Mobility allowance Division 1 Qualification for and payability of mobility allowance Section 1035A Note 1: For undertaking full-time study see section 541B.

Note 2: For new apprentice see subsection 23(1).
(7) A person satisfies this subsection if: (a) at a particular time, the person starts to earn income from work or the person’s income from work increases; and (b) immediately before that time, the person: (i) was receiving jobseeker payment; or (ii) was receiving youth allowance, but was not undertaking full-time study and was not a new apprentice; or (iii) was receiving parenting payment; and (c) the jobseeker payment, youth allowance or parenting payment ceased to be payable to the person because the rate of the payment or allowance was nil due to the income, or increased income, the person earned from his or her work; and (d) since the time mentioned in paragraph (a), the person has been working at least 15 hours per week on wages that are at or above the relevant minimum wage; and (e) the person is required to travel to and from the person’s home for the purpose of performing that work; and (f) since the time mentioned in paragraph (a), no income support payment has been payable to the person because the rate of the payment is nil due to the income, or increased income, the person has been earning from the work.
Note 1: For undertaking full-time study see section 541B.

Note 2: For new apprentice see subsection 23(1).
Jobseeker payment, youth allowance, disability support pension and parenting payment recipients (8) A person satisfies this subsection if: (a) the person: (i) is receiving jobseeker payment; or (ii) is receiving youth allowance, but is not undertaking full-time study and is not a new apprentice; or 220 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Mobility allowance Part 2.21 Qualification for and payability of mobility allowance Division 1 Section 1035A (iii) is receiving disability support pension; or (iv) is receiving parenting payment; and (b) the person is working for at least 15 hours per week on wages set in accordance with the program administered by the Commonwealth known as the supported wage system; and (c) the work is not performed by the person in the course of employment that is supported by supported employment services within the meaning of section 7 of the Disability Services Act 1986; and (d) the person is required to travel to and from the person’s home for the purpose of performing the work.
Note 1: For undertaking full-time study see section 541B.

Note 2: For new apprentice see subsection 23(1).
(9) A person satisfies this subsection if: (a) at a particular time, the person starts to earn income from work or the person’s income from work increases; and (b) immediately before that time, the person: (i) was receiving jobseeker payment; or (ii) was receiving youth allowance, but was not undertaking full-time study and was not a new apprentice; or (iii) was receiving disability support pension; or (iv) was receiving parenting payment; and (c) the jobseeker payment, youth allowance, disability support pension or parenting payment ceased to be payable to the person because the rate of the payment, allowance or pension was nil due to the income, or increased income, the person earned from his or her work; and (d) since the time mentioned in paragraph (a), the person has been working: (i) for at least 15 hours per week on wages set in accordance with the program administered by the Commonwealth known as the supported wage system; or (ii) at least 15 hours per week on wages that are at or above the relevant minimum wage; and Social Security Act 1991 221 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.21 Mobility allowance Division 1 Qualification for and payability of mobility allowance Section 1036 (e) the work has not been performed by the person in the course of employment that is or was supported by supported employment services within the meaning of section 7 of the Disability Services Act 1986; and (f) the person has been required to travel to and from the person’s home for the purpose of performing that work; and (g) since the time mentioned in paragraph (a), no income support payment has been payable to the person because the rate of the payment is nil due to the income, or increased income, the person has been earning from the work.
Note 1: For undertaking full-time study see section 541B.

Note 2: For new apprentice see subsection 23(1).

Subdivision B—Payability 1036 Mobility allowance not payable at 2 rates Mobility allowance at the rate specified in subsection 1044(1) is not payable to a person while mobility allowance at the rate specified in subsection 1044(1A) is payable to the person.
1037 Mobility allowance not payable where person receiving motor vehicle assistance A mobility allowance is not payable to a person: (a) if the person is provided with a motor vehicle under the Vehicle Assistance Scheme prepared under section 105 of the VEA—during any period during which the vehicle is provided; or (aa) if the person is provided with a motor vehicle under the Motor Vehicle Compensation Scheme under section 212 of the MRCA—during any period during which the vehicle is provided.
Note: For VEA and MRCA see section 23.
222 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Mobility allowance Part 2.21 Qualification for and payability of mobility allowance Division 1 Section 1038 1038 Mobility allowance not payable when person is NDIS participant A mobility allowance is not payable to a person if: (a) the person is an NDIS participant; and (b) an NDIS plan is in effect for the NDIS participant; and (c) the NDIS plan contains a statement specifying the reasonable and necessary supports that will be funded under the National Disability Insurance Scheme (within the meaning of the National Disability Insurance Scheme Act 2013).
1039AA Newly arrived resident’s waiting period (1) Subject to this section, a person who: (a) enters Australia; and (b) has not been an Australian resident and in Australia for a period of, or periods totalling, 208 weeks; is subject to a newly arrived resident’s waiting period.

(2) Subsection (1) does not apply to a person who has a qualifying residence exemption for a mobility allowance.

Note: For qualifying residence exemption in relation to mobility allowance, see paragraph 7(6AA)(f).
(4) Subsection (1) does not apply to a person who becomes a handicapped person while in Australia.

Note: For handicapped person see section 19.
(5) Subsection (1) does not apply to a person if: (a) the person is a refugee, or a former refugee, at the time the person made the claim for a mobility allowance; or (b) the following apply: (i) before the person made the claim for a mobility allowance, the person was a family member of another person at the time the other person became a refugee; (ii) the person is a family member of that other person at the time the person made the claim for a mobility allowance Social Security Act 1991 223 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.21 Mobility allowance Division 1 Qualification for and payability of mobility allowance Section 1039AB or, if that other person has died, the person was a family member of that other person immediately before that other person died; or (c) the person is an Australian citizen at the time the person made the claim for a mobility allowance.
(6) For the purposes of subsection (5): (a) family member has the meaning given by subsection 7(6D); and (b) former refugee has the meaning given by subsection 7(1); and (c) refugee has the meaning given by subsection 7(6B).
1039AB Duration of newly arrived resident’s waiting period If a person is subject to a newly arrived resident’s waiting period, the period: (a) starts on the day the person first became an Australian resident; and (b) ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 208 weeks.
224 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Mobility allowance Part 2.21 Rate of mobility allowance Division 2 Section 1044 Division 2—Rate of mobility allowance 1044 Rate of mobility allowance (1AA) The rate of mobility allowance is a daily rate worked out by dividing the fortnightly rate by 14.
(1) The fortnightly rate of mobility allowance for a person who qualifies for the allowance under section 1035 is $50.50.

(1A) The fortnightly rate of mobility allowance for a person who qualifies for the allowance under section 1035A is $100.

(2) A person’s mobility allowance rate is nil if: (a) the person has received mobility allowance advance under section 1045; and (b) the person’s advance payment period has not ended.
Note: The rate of mobility allowance is indexed annually in line with CPI increases (see sections 1191 to 1194).

(3) In this section: advance payment period, in relation to a person, means the period of: (a) 26 weeks; or (b) if section 1044A applies—such number of days as is provided for in that section; that starts at the beginning of the advance entitlement period.
1044A Reduction of the advance payment period (1) A person’s advance payment period is the period worked out using the following Method statement if: (a) the person has received a mobility allowance advance; and (b) the amount of the advance was calculated on the basis that the person qualified for mobility allowance under section 1035; and Social Security Act 1991 225 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.21 Mobility allowance Division 2 Rate of mobility allowance Section 1044A (c) the person qualifies for mobility allowance under section 1035A, during the period of 26 weeks starting on the day on which the person qualified for the advance; and (d) this section has not previously applied to the person in relation to the same advance.
Method statement Step 1.

Work out the number of days that, at the time of qualification under section 1035A, remain from the period of 26 weeks referred to in paragraph (c) (counting the day on which that qualification occurs as a whole day).

Step 2.
Step 2.

Multiply the result under Step 1 by the amount worked out under the following formula: Rate of mobility allowance specified in subsection 1044(1) Rate of mobility allowance specified in subsection 1044(1A) If the result is not a whole number, round the result down to the next whole number.

Step 3.

Subtract the result under Step 2 from the result under Step 1.

Step 4.

Subtract the result under Step 3 from the number 182.

The result is the number of days in the person’s advance payment period.
226 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Mobility allowance Part 2.21 Mobility allowance advance Division 3 Section 1045 Division 3—Mobility allowance advance 1045 Qualification for mobility advance (1) A person is qualified for a mobility allowance advance if: (a) the person is receiving mobility allowance; and (b) the person has requested the advance; and (c) the Secretary is satisfied that the person will continue to be qualified for mobility allowance for at least 26 weeks from the day on which the person receives the advance; and (d) if the person has previously received a mobility allowance advance, a period of not less than 12 months has elapsed since the person last received a mobility allowance advance.
(2) If a person has previously received a mobility allowance advance, a request is not effective for the purpose of paragraph (1)(b) if it was made within 11 months after the person received a mobility allowance advance.

(3) The amount of the advance is calculated by multiplying the mobility allowance rate by 13.

(4) For the purpose of subsection (3): mobility allowance rate is the rate of mobility allowance on the advance payday.
Social Security Act 1991 227 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.21 Mobility allowance Division 4 Continuation Section 1046 Division 4—Continuation 1046 Continuation of mobility allowance when person ceases to be qualified (1) This section applies to a person if: (a) a mobility allowance at the rate specified in subsection 1044(1) is payable to a person; and (b) the person would, apart from this section, cease to be qualified for the mobility allowance because he or she ceases, in the Secretary’s opinion: (i) to undertake gainful employment, vocational training or voluntary work; or (ii) to undertake a combination of any 2 or more of the following: (A) gainful employment; (B) vocational training; (C) voluntary work; for at least 32 hours in every 4 weeks on a continuing basis.
(2) This section applies to a person if: (a) a mobility allowance at the rate specified in subsection 1044(1) is payable to a person; and (b) the person would, apart from this section, cease to be qualified for the mobility allowance because he or she ceases, in the Secretary’s opinion: (i) to receive jobseeker payment for a reason other than the application of section 601 or 605 of this Act, or because the person ceases to satisfy the employment pathway plan requirements and other than the application of subsection 42AL(1), 42AO(1), 42AP(5), 42P(1) or 42S(1), or section 81, of the Administration Act; or (ii) to receive youth allowance for a reason other than the application of section 541A, 544A, 544C, 550because the person ceases to satisfy the employment pathway plan requirements and other than the application of 228 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Mobility allowance Part 2.21 Continuation Division 4 Section 1046 section 550B, 551 or 553B of this Act, or subsection 42AL(1), 42AO(1), 42AP(5), 42P(1) or 42S(1), or section 81, of the Administration Act; or (iii) to receive an austudy payment for a reason other than the application of section 569 or 576 of this Act or section 81 of the Administration Act; or (iv) to undertake job search activities under an agreement between the Secretary and the person or an employment pathway plan that is in force in relation to the person; or (v) to undertake job search activities under the Competitive Employment Placement and Training Program administered by the Department; or (vi) to undertake a vocational rehabilitation program.
(2A) This section applies to a person if: (a) a mobility allowance is payable to a person at the rate specified in subsection 1044(1A); and (b) the person would, apart from this section, cease to be qualified for the mobility allowance because he or she ceases, in the Secretary’s opinion, to satisfy one or more of subsections 1035A(2), (3), (4), (5), (6), (7), (8) and (9).
(2B) This section applies to a person if: (a) a mobility allowance is payable to a person at the rate specified in subsection 1044(1A) because the person satisfies one or both of subsections 1035A(6) and (7); and (b) the person would, apart from this section, cease to be qualified for the mobility allowance because he or she ceases, in the Secretary’s opinion: (i) to receive jobseeker payment for a reason other than the application of section 601 or 605 of this Act, orbecause the person ceases to satisfy the employment pathway plan requirements and other than the application of subsection 42AL(1), 42AO(1), 42AP(5), 42P(1) or 42S(1), or section 81, of the Administration Act; or (ii) to receive youth allowance for a reason other than the application of section 541A, 544A,because the person Social Security Act 1991 229 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.21 Mobility allowance Division 4 Continuation Section 1046 ceases to satisfy the employment pathway plan requirements and other than the application of section 550B, 551 or 553B of this Act, or subsection 42AL(1), 42AO(1), 42AP(5), 42P(1) or 42S(1), or section 81, of the Administration Act; or (iia) to receive parenting payment for a reason other than the application of section 500J of this Act, or subsection 42AL(1), 42AO(1), 42AP(5), 42P(1) or 42S(1), or section 81, of the Administration Act; or (iii) to undertake job search activities, under an agreement between the
 Secretary and a service provider nominated by the Secretary, for work of at least 15 hours per week on wages that are at or above the relevant minimum wage.
(3) A person to whom this section applies continues to be qualified for the mobility allowance for 12 weeks after the person would, apart from this section, have ceased to be qualified for the mobility allowance.
(4) If: (a) a mobility allowance is payable to a person; and (b) the person would, apart from this section, cease to be qualified for the allowance because of circumstances other than those described in subsections (1), (2), (2A) and (2B); the person continues to be qualified for the mobility allowance for 2 weeks after the person would, apart from this section, have ceased to be qualified for the mobility allowance.
(5) If: (a) a mobility allowance is payable to a person because of subsection (3); and (b) circumstances occur that would, if the person were still qualified for the allowance, result in the person ceasing to be qualified; the mobility allowance ceases to be payable to the person on the day on which those circumstances occur.
230 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Mobility allowance Part 2.21 Continuation Division 4 Section 1046 (6) In this section: vocational rehabilitation program means a rehabilitation program (or follow-up program) under Part III of the Disability Services Act 1986 that provides a person with assistance to obtain or retain unsupported paid employment.
Note: A vocational rehabilitation program may include vocational training within the meaning of section 19. vocational training means vocational training within the meaning of section 19 (other than vocational training provided as part of a rehabilitation program or follow-up program under Part III of the Disability Services Act 1986).

voluntary work means work approved by the Secretary undertaken in a voluntary capacity for charitable, welfare or community organisations.
Social Security Act 1991 231 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.21A Language, literacy and numeracy supplement Division 1 Preliminary Section 1047 Part 2.21A—Language, literacy and numeracy supplement Division 1—Preliminary 1047 Definition In this Part: designated social security payment means: (a) disability support pension; or (c) jobseeker payment; or (d) parenting payment; or (e) partner allowance; or (f) widow allowance; or (g) youth allowance.
232 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Language, literacy and numeracy supplement Part 2.21A Qualification for language, literacy and numeracy supplement Division 2 Section 1048 Division 2—Qualification for language, literacy and numeracy supplement 1048 General statement of qualification A person is qualified to receive a language, literacy and numeracy supplement in respect of a fortnight if: (a) the person is receiving a designated social security payment in respect of that fortnight; and (b) the Secretary is satisfied that, on a day during that fortnight, the person was attending a course included in the language, literacy and numeracy program administered by the Department of State responsible for education and training.
Social Security Act 1991 233 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.21A Language, literacy and numeracy supplement Division 3 Circumstances where language, literacy and numeracy supplement not payable Section 1049 Division 3—Circumstances where language, literacy and numeracy supplement not payable 1049 Language, literacy and numeracy supplement not payable in certain circumstances (1) Language, literacy and numeracy supplement is not payable to a person in respect of a fortnight if pensioner education supplement under Part 2.24A or under ABSTUDY is payable to the person in respect of a day in the fortnight.
(2) Language, literacy and numeracy supplement is not payable to a person in respect of a fortnight if an approved program of work supplement or a CDEP Scheme Participant Supplement is payable to the person in respect of that fortnight.

(2A) Language, literacy and numeracy supplement is not payable to a person in respect of a fortnight if a training supplement or a National Green Jobs Corps supplement is payable to the person in respect of the fortnight.
(3) Language, literacy and numeracy supplement is not payable to a person in respect of a fortnight in relation to attendance at a second or subsequent language, literacy or numeracy course in that fortnight.
(4) For the avoidance of doubt, language, literacy and numeracy supplement is payable in respect of a person’s attendance at a language, literacy or numeracy course whether that attendance is voluntary or is required under the provisions of, or of an agreement made under, any other provision of this Act.
234 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Language, literacy and numeracy supplement Part 2.21A Rate increase relating to language, literacy and numeracy supplement Division 4 Section 1050 Division 4—Rate increase relating to language, literacy and numeracy supplement 1050 Rate increase attributable to language, literacy and numeracy supplement If a person: (a) is qualified to receive language, literacy and numeracy supplement in respect of a fortnight; and (b) nothing in section 1049 precludes the payability of that supplement to that person in respect of that fortnight; the rate of the person’s designated social security payment in respect of that fortnight, worked out under Chapter 3 and taking account of any rate reduction provided for in this Act, is increased by $20.80, being the fortnightly rate of the supplement.
Social Security Act 1991 235 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.22 Advance payments of social security entitlements Division 1 Qualification for advance payment Section 1061A Part 2.22—Advance payments of social security entitlements Division 1—Qualification for advance payment 1061A Qualification for advance payment Qualifications (1) Subject to this section, a person is qualified for an advance payment of a social security entitlement only if: (a) the social security entitlement is payable to the person; and (b) the person has been receiving an income support payment for a continuous period of 3 months immediately before the day on which the person’s application for the advance payment is lodged; and (d) the Secretary is satisfied that the person will not suffer financial hardship from reductions in instalments of the social security entitlement as a result of receiving the advance payment.
Note 1: Note 2: Note 3: Other provisions of this Act deal with advances of social security payments that are not social security entitlements.

For example, Division 3 of Part 2.21 deals with mobility allowance advance and Part 2.23 deals with advance pharmaceutical allowance.

For income support payment and social security entitlement see subsection 23(1).

For the determination of the continuous period in respect of which a person received an income support payment see section 38B.
(2) The Secretary may, by legislative instrument, determine that paragraph (1)(b) does not apply to a person who has applied for an advance of youth allowance or austudy payment and the determination has effect accordingly.
236 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Advance payments of social security entitlements Part 2.22 Qualification for advance payment Division 1 Section 1061A Disqualification—age and disability support pensions and carer payment (3) A person is not qualified for an advance payment of an age pension, disability support pension or carer payment if: (a) the maximum amount of advance payment to which the person would be entitled under Division 4 is less than 1/52 of the person’s advance payment qualifying amount; or (b) the amount of an advance payment of a social security entitlement that the person received in full (whether as a single lump sum or in instalments) more than 12 months ago has not been fully repaid; or (c) the person owes a debt to the Commonwealth (whether arising under this Act or not) that is recoverable under Part 5.2 by means of deductions from the person’s social security payment.
The amount worked out under paragraph (a) must be rounded to the nearest cent (rounding 0.5 cents upwards).

Note 1: Paragraph (a) does not prevent payment of an advance payment in instalments of less than the amount worked out under that paragraph.

Note 2: For advance payment qualifying amount, see subsection 23(1).
Disqualification—other social security entitlements (4) A person is not qualified for an advance payment of a social security entitlement not covered by subsection (3) if: (a) the maximum amount of advance payment to which the person would be entitled under Division 4 is less than $250; or (b) the person has received an advance payment, or an instalment of an advance payment, of a social security entitlement and has not fully repaid the advance payment; or (c) the person has received the amount of an advance payment in a single lump sum, or has received the first instalment of such an amount, on or after 1 January 1997, and the period of 12 months from the day the lump sum or instalment was paid has not elapsed; or Social Security Act 1991 237 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.22 Advance payments of social security entitlements Division 1 Qualification for advance payment Section 1061A (d) the person owes a debt to the Commonwealth (whether arising under this Act or not) that is recoverable under Part 5.2 by means of deductions from the person’s social security payment.
Note: Paragraph (a) does not prevent payment of an advance payment in instalments of less than $250.

(5) Paragraph (4)(c) does not apply to a person: (a) who is receiving a pension PP (single); and (b) who applies for an advance payment within the period of 28 days after ceasing to be a member of a couple.
(6) Paragraph (4)(d) does not apply to a person if: (a) the debt the person owes to the Commonwealth arose as a result of the person’s parenting payment rate changing from benefit PP (partnered) to pension PP (single); and (b) the amount of the debt is smaller than the amount of advance payment to which the person would be entitled under Division 4.
238 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Advance payments of social security entitlements Part 2.22 Applying for advance payment Division 2 Section 1061B Division 2—Applying for advance payment 1061B Application A person who wants an advance payment of a social security entitlement under this Part must apply for the advance payment in accordance with this Division.
1061C Form of application (1) The application must be in writing and must be in accordance with a form approved by the Secretary.

(2) The application must specify the amount of advance payment sought.

1061D Lodgment of application (1) The application must be lodged: (a) at an office of the Department; or (b) at a place approved for the purpose by the Secretary; or (c) with a person approved for the purpose by the Secretary.
(2) A place or person approved under subsection (1) must be a place or person in Australia.

(3) The applicant must be in Australia when the application is lodged.

1061E Application may be withdrawn (1) An applicant for an advance payment or a person acting on behalf of an applicant may withdraw an application that has not been determined.

(2) An application that is withdrawn is taken not to have been lodged.

(3) A withdrawal may be made orally or in writing.
Social Security Act 1991 239 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.22 Advance payments of social security entitlements Division 3 Determination of application and payment of advance payment Section 1061EA Division 3—Determination of application and payment of advance payment 1061EA Secretary to determine application (1) The Secretary must determine the application in accordance with this Act.
(2) The Secretary must grant the application if the Secretary is satisfied that the person is qualified for the advance payment.

1061EB Payment of advance payment (1) Subject to subsection (3), if the application is granted, the advance payment of the social security entitlement is to be paid on the next day on which the person is paid an instalment of the social security entitlement.

(2) Subject to subsection (3), the advance payment is to be paid as a single lump sum.
(3) The Secretary may determine that: (a) an advance payment is to be paid on the day specified in the determination; or (b) an advance payment is to be paid in the two instalments specified in the determination on the days specified in the determination.
240 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Advance payments of social security entitlements Part 2.22 Amount of advance payment Division 4 Section 1061ECA Division 4—Amount of advance payment 1061ECA Amount of advance payment—age and disability support pensions and carer payment Application (1) The amount of an advance payment of any of the following social security pensions is worked out according to this section: (a) age pension; (b) disability support pension; (d) carer payment.
Amount of advance (2) The amount of the advance payment is the smaller of the following amounts: (a) the amount of advance payment sought; (b) the maximum amount of advance payment payable to the person as worked out as follows: Method statement Step 1.

Work out 3/52 of the person’s advance payment qualifying amount.

Step 2.
Work out the annual rate at which the social security pension was payable to the person on the last payday before the application for the advance payment was lodged, disregarding: (a) (b) any amount payable by way of remote area allowance; and so much of the person’s pension supplement amount (if any) as is equal to the person’s minimum pension supplement amount; and Social Security Act 1991 241 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.22 Advance payments of social security entitlements Division 4 Amount of advance payment Section 1061ED (c) the person’s energy supplement (if any).
Step 3.

Work out the smaller of the result of step 1 and 7.5% of the result of step 2.

Step 4.

Subtract the following from the result of step 3: (a) (b) each advance payment (if any) of a social security entitlement paid to the person during any of the 13 fortnights immediately before the application for the current advance payment was lodged; each other advance payment (if any) of a social security entitlement paid to the person that has not been fully repaid.

Step 5.
Step 5.

The result of step 4 (rounded to the nearest cent (rounding 0.5 cents upwards)) is the maximum amount of advance payment payable to the person.

Note 1: The amount of the advance payment will be more than the minimum qualifying amount for the person (see paragraph 1061A(3)(a)).

Note 2: For advance payment qualifying amount, see subsection 23(1).
1061ED Amount of advance payment—pension PP (single) Application (1) The amount of an advance payment of pension PP (single) is worked out according to this section.

Amount of advance (2) The amount of the advance payment is the smallest of the following amounts: (a) the amount of advance payment sought; (b) the maximum amount of advance payment payable to the person as worked out under subsection (3); (c) $500.
242 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Advance payments of social security entitlements Part 2.22 Amount of advance payment Division 4 Section 1061ED Note: The amount of the advance payment will be at least $250 (see paragraph 1061A(4)(a)).
Formula for maximum amount of advance under paragraph (2)(b) (3) For the purposes of paragraph (2)(b), the maximum amount of advance payment payable to the person is the amount worked out using the following formula: 6% annual payment rate  where: annual payment rate means: (a) if the person was receiving pension PP (single) on the last payday before the application for the advance payment was lodged—the rate at which the pension was payable under the Pension PP (Single) Rate Calculator to the person on that payday, disregarding any amount payable by way of remote area allowance; or (b) if the person was receiving benefit PP (partnered) on the last payday before the application for the advance payment was lodged—the rate at which pension PP (single) is payable to the person under the Pension PP (Single) Rate Calculator on the person’s first pension PP (single) payday after the application for the advance payment was lodged, disregarding any amount payable by way of remote area allowance.
Rounding (4) Amounts worked out under subsection (3) must be rounded to the nearest cent (rounding 0.5 cents upwards).

Example: Facts: Geoff has, at all times during the past 5 months, been receiving pension PP (single).

His annual payment rate is $4,680.

He applies for an advance payment of $290.

Application: The maximum amount of advance payment payable to Geoff is worked out under subsection (3) as follows: 6%  $4680 = $280.80.
This is the smallest of the 3 amounts referred to in Social Security Act 1991 243 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.22 Advance payments of social security entitlements Division 4 Amount of advance payment Section 1061EE subsection (2).

Geoff can therefore be paid an advance payment of $280.80.
1061EE Amount of advance payment—certain other social security payments Application (1) The amount of an advance payment of widow allowance, benefit PP (partnered), youth allowance, austudy payment or jobseeker payment is worked out according to this section.
Amount of advance (2) The amount of the advance payment is the smallest of the following amounts: (a) the amount of advance payment sought; (b) the maximum amount of advance payment payable to the person as worked out under subsection (3) or (4), as the case requires; (c) $500.

Note: The amount of the advance payment will be at least $250 (see paragraph 1061A(4)(a)).
Formula for maximum amount of advance: widow allowance and mature age allowance (3) For the purpose of paragraph (2)(b), the maximum amount of advance payment of widow allowance or mature age allowance under Part 2.12B payable to the person is the amount worked out under the following formula: 6% Fortnightly payment rate   26 Formula for maximum amount of advance: benefit PP (partnered), youth allowance, austudy payment or jobseeker payment (4) For the purpose of paragraph (2)(b), the maximum amount of advance payment of benefit PP (partnered), youth allowance, 244 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Advance payments of social security entitlements Part 2.22 Amount of advance payment Division 4 Section 1061EE austudy payment or jobseeker payment payable to the person is the amount worked out under the following formula: 7% Fortnightly payment rate   26 Rounding (5) Amounts worked out under subsection (3) or (4) must be rounded to the nearest cent (rounding 0.5 cents upwards).
Meaning of fortnightly payment rate (6) For the purposes of the formulae in subsections (3) and (4): fortnightly payment rate means: (a) in relation to benefit PP (partnered)—the fortnightly rate of that benefit payable under the Benefit PP (Partnered) Rate Calculator to the person on the last payday before the application for the advance payment was lodged, excluding any amount payable by way of remote area allowance; or (b) in relation to widow allowance, mature age allowance under Part 2.12B or jobseeker payment—the fortnightly rate of that benefit payable under Benefit Rate Calculator B to the person on the last payday before the application for the advance payment was lodged, excluding any amount payable by way of remote area allowance; or (c) in relation to youth allowance—the fortnightly rate of that benefit payable under the Youth Allowance Rate Calculator to the person on the last payday before the application for the advance payment was made, excluding any amount payable by way of remote area allowance; or (d) in relation to austudy payment—the fortnightly rate of that benefit payable under the Austudy Payment Rate Calculator to the person on the last payday before the application for the advance payment was made, excluding any amount payable by way of remote area allowance.
Example: Social Security Act 1991 245 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.22 Advance payments of social security entitlements Division 4 Amount of advance payment Section 1061EE Facts: Result: Veronique has, at all times in the past 4 months, been receiving widow allowance.

Her fortnightly payment rate is $200.

She applies for an advance payment of $300.


The maximum amount of advance payment payable to Veronique is worked out under subsection (3) as follows: 6% $200   26  $312.00 The smallest of the 3 amounts referred to in subsection (2) is $300.

Veronique can therefore be paid an advance payment of $300.
246 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Advance payments of social security entitlements Part 2.22 Payment of advance payment Division 5 Section 1061EI Division 5—Payment of advance payment 1061EI Advance payment to be paid to person or nominee (1) Subject to subsection (3), an advance payment of a person’s social security entitlement is to be paid to that person.
(2) The Secretary may direct that the whole or part of the advance payment of a person’s social security entitlement is to be paid to someone else on behalf of the person.

(3) If the Secretary makes a direction under subsection (2), the advance payment is to be paid in accordance with the direction.

1061EJ Payment into bank account etc.

(1) An amount that is to be paid to a person under section 1061EI may only be paid in accordance with this section.
(2) Subject to this section, the amount is to be paid, at the time or times worked out under section 1061EB, 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) Where the person has not nominated an account for the purposes of subsection (2), then, subject to subsections (5) and (7), the amount is not to be paid.
(5) Where: (a) an amount has not been paid because of subsection (4); and (b) the person nominates an account for the purposes of subsection (2); the amount is to be paid under subsection (2).
Social Security Act 1991 247 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.22 Advance payments of social security entitlements Division 5 Payment of advance payment Section 1061EJ (6) The Secretary may direct that the whole or a part of the amount be paid to the person in a different way from that provided for by subsection (2).
(7) If the Secretary gives a direction under subsection (6), the amount is to be paid in accordance with the direction.
248 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Advance payments of social security entitlements Part 2.22 Protection of advance payment Division 6 Section 1061EK Division 6—Protection of advance payment 1061EK Advance payment to be absolutely inalienable Inalienability (1) Subject to subsections (2) and (3) and section 238 and Parts 3B and 3D of the Administration Act, an advance payment under this Part is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.
Note: The effect of a garnishee order on an advance payment of a social security entitlement is dealt with in the Part of this Chapter that deals with that social security entitlement.

For example, the effect of a garnishee order on an advance payment of age pension is dealt with in Part 2.2 (which deals with age pension).
Payments to Commissioner of Taxation at recipient’s request (2) The Secretary may make deductions from an advance payment payable to a person under this Part if the recipient asks the Secretary: (a) to make the deductions; and (b) to pay the amounts to be deducted to the Commissioner of Taxation.
Deductions from advance payment with recipient’s consent (3) The Secretary may make deductions from an advance payment payable to a person under this Part if the recipient consents under section 1234A to the Secretary making the deductions.

Note: Section 1234A enables the Secretary to recover a debt from a person other than the debtor if the person is receiving a social security payment.
Social Security Act 1991 249 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.22 Advance payments of social security entitlements Division 7 Repayment of advance payment Section 1061EL Division 7—Repayment of advance payment 1061EL Repayment of advance payment (1) If a person receives an advance payment or an instalment of an advance payment under this Part, the person must repay the advance payment or instalment to the Commonwealth by one or more of the following methods: (a) deductions from the person’s social security entitlement under Chapter 3 (General provisions relating to payability and rates); (b) a method provided for by Chapter 5 (Overpayments and debt recovery); (c) a method (other than a method described in paragraph (a) or (b)) that is acceptable to both the person and the Secretary.
(2) Subsection (1) does not affect: (a) the operation of subsection 1224E(1) (Debts arising from advance payments of social security entitlements); or (b) the Secretary’s powers and duties under Part 5.4 (Non-recovery of debts) if the amount of the advance payment or instalment that has not been repaid becomes a debt due to the Commonwealth.
250 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special employment advances Part 2.22A Qualification for special employment advance Division 1 Section 1061EM Part 2.22A—Special employment advances Division 1—Qualification for special employment advance 1061EM Qualification for special employment advance (1) Subject to section 1061EO, a person is qualified for a special employment advance at a particular time (the relevant time) only if: (a) the person is qualified for a special employment advance qualifying entitlement at the relevant time; and (b) the person has been receiving an income support payment for a continuous period of 3 months immediately before the day on which the person’s claim for the special employment advance is made; and (c) either of the following applies: (i) the person or, if the person is a member of a couple, the person’s partner has earned from casual work in Australia, but has not received, income (the unreceived income); (ii) the Secretary is satisfied that the person has received a definite offer of employment in Australia (the offered employment) for a period of not less than 6 weeks and needs financial assistance from the Commonwealth to enable him or her to take up the employment; and (d) subsection (2) or (3), as the case requires, applies for the purpose of determining whether the person is qualified for a special employment advance at the relevant time; and (e) where subparagraph (c)(i) applies—the person is in severe financial hardship; and (f) the Secretary is satisfied that the person will not suffer financial hardship as a result of the recovery by the Commonwealth of the special employment advance.
Social Security Act 1991 251 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.22A Special employment advances Division 1 Qualification for special employment advance Section 1061EM (2) This subsection applies for the purpose of determining whether a person is qualified for a special employment advance at the relevant time only where: (a) the person’s claim for the advance was based on the effect of the unreceived income on the person’s special employment advance qualifying entitlement; and (b) the person is not a CDEP Scheme participant; and (c) either of the following subparagraphs applies: (i) if the person were qualified for the special employment qualifying entitlement on the next payday for the entitlement at a rate equal to the maximum basic rate of the entitlement, the rate of the entitlement on that payday would be reduced by at least 50% as a result of the person or the person’s partner having earned the unreceived income; (ii) subparagraph (i) does not apply in respect of the person but, if the person were qualified for the special employment qualifying entitlement on 2 or more paydays for the entitlement at a rate equal to the maximum basic rate of the entitlement, the average of the rates of the entitlement on those paydays would be reduced by at least 50% as a result of the person or the person’s partner having earned the unreceived income.
(3) This subsection applies for the purpose of determining whether a person is qualified for a special employment advance at the relevant time only where the person’s claim for the advance was based on the person’s need for financial assistance from the Commonwealth to enable him or her to take up the offered employment and: (a) if the person were qualified for the special employment qualifying entitlement on each of the paydays for the entitlement that occur in the period of 6 weeks referred to in subparagraph (1)(c)(ii) at a rate equal to the maximum basic rate of the entitlement, the average of the rates of the entitlement on those paydays: 252 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special employment advances Part 2.22A Qualification for special employment advance Division 1 Section 1061EN (i) would be reduced by at least 50% as a result of the person having taken up the offered employment; or (ii) would be so reduced if Module J of the Youth Allowance Rate Calculator in section 1067G or Module E of the Austudy Payment Rate Calculator were disregarded; or (b) the person would cease to be qualified for the special employment advance qualification upon his or her taking up the offered employment.
1061EN Meaning of in severe financial hardship (1) For the purposes of paragraph 1061EM(1)(e) as it applies to a person who makes a claim for special employment advance, the person is in severe financial hardship if: (a) where the person is not a member of a couple—the value of the person’s liquid assets (within the meaning of subsection 14A(1)) is less than the fortnightly amount of the maximum payment rate of the special employment advance qualifying entitlement that is payable to the person; or (b) where the person is a member of a couple—the value of the person’s liquid assets (within the meaning of subsection 14A(2)) is less than twice the fortnightly amount of the maximum payment rate of the special employment advance qualifying entitlement that is payable to the person.
(2) If the person referred to in subsection (1) is a CDEP Scheme participant, then, in determining for the purposes of that subsection the fortnightly amount of the maximum payment rate of the special employment advance qualifying entitlement payable to the person, the person’s maximum basic rate is taken to be the rate that would be that maximum basic rate if sections 408CG, 500W, 552C, 614A, 660YCH and 771HK had not been enacted.
1061EO Person not qualified in certain circumstances A person is not qualified for a special employment advance if: Social Security Act 1991 253 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.22A Special employment advances Division 1 Qualification for special employment advance Section 1061EO (b) the lump sum amount, or the total of the amounts of the instalments, as the case may be, of the special employment advance to which the person would be entitled under Division 4 is less than $50; or (c) the person owes a debt to the Commonwealth (whether arising under this Act or not) and the debt is recoverable under Part 5.2 by means of deductions from the person’s social security payment; or (d) where subparagraph 1061EM(1)(c)(ii) applies in respect of the person—the person is participating in a program for the placing of people in employment and the program has been declared by the Secretary, by legislative instrument, to be a program to which this paragraph applies.
254 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special employment advances Part 2.22A Amount of special employment advance Division 4 Section 1061EW Division 4—Amount of special employment advance 1061EW Where claim based on effect of unreceived income on special employment advance qualifying entitlement (1) This section applies where the claim was based on the effect of the unreceived income on the claimant’s special employment advance qualifying entitlement.
(2) The total amount of the special employment advance payable to the claimant is to be the smallest of the following amounts: (a) the amount sought in the claim for the advance; (b) the amount by which the instalment, or the sum of the amounts by which the instalments, of the claimant’s special employment advance qualifying entitlement is or will be reduced because of the unreceived income; (c) $500; (d) if an amount of special employment advance previously paid to the claimant has not been repaid to, or recovered by, the Commonwealth—the difference between that amount and $500.
1061EX Where claim based on claimant’s need for financial assistance to take up offered employment (1) This section applies where the claim was based on the claimant’s need for financial assistance to take up offered employment.
(2) Subject to the following provisions of this section, the total amount of the special employment advance payable to the claimant is to be the smallest of the following amounts: (a) the amount sought in the claim for the advance; (b) the amount of financial assistance needed by the claimant from the Commonwealth to take up the offered employment; (c) $500.
Social Security Act 1991 255 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.22A Special employment advances Division 4 Amount of special employment advance Section 1061EX (3) If: (a) an amount of special employment advance previously paid to the claimant has not been repaid to, or recovered by, the Commonwealth; and (b) the sum of: (i) the amount referred to in paragraph (a); and (ii) the amount of financial assistance needed by the claimant from the Commonwealth to take up the offered employment; is not more than $500; the total amount of the special employment advance payable to the claimant is the amount referred to in subparagraph (b)(ii).
(4) If: (a) an amount of special employment advance previously paid to the claimant has not been repaid to, or recovered by, the Commonwealth; and (b) the sum of: (i) the amount referred to in paragraph (a); and (ii) the amount of financial assistance needed by the claimant from the Commonwealth to take up the offered employment; is more than $500; the following paragraphs have effect: (c) where the amount referred to in paragraph (a) is less than $500 and the claimant satisfies the Secretary that the claimant would have sufficient financial resources to enable him or her to take up the offered employment if the total amount of the special employment advance payable were an amount equal to the difference between $500 and the amount referred to in paragraph (a)—the total amount of the special employment advance payable to the claimant is an amount equal to that difference; (d) where paragraph (c) does not apply—no amount of special employment advance is payable to the claimant.
256 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Special employment advances Part 2.22A Amount of special employment advance Division 4 Section 1061EX (5) If: (a) the claimant is not a member of a couple; and (b) the value of the claimant’s liquid assets (within the meaning of subsection 14A(1)) exceeds the fortnightly amount of the maximum payment rate of the special employment advance qualifying entitlement that is payable to the claimant; the total amount of the special employment advance that, apart from this subsection, would be payable to the claimant under subsections (2) to (4) is reduced by the amount of the excess.
(6) If: (a) the claimant is a member of a couple; and (b) the value of the claimant’s liquid assets (within the meaning of subsection 14A(2)) exceeds twice the fortnightly amount of the maximum payment rate of the special employment advance qualifying entitlement that is payable to the claimant; the total amount of the special employment advance that, apart from this subsection, would be payable to the claimant under subsections (2) to (4) is reduced by the amount of the excess.
(7) In determining for the purposes of subsection (5) or (6) the fortnightly amount of the maximum payment rate of the special employment advance qualifying entitlement that is payable to a claimant who is a CDEP Scheme participant, the claimant’s maximum basic rate is taken to be the rate that would be that maximum basic rate if sections 408CG, 500W, 552C, 614A, 660YCH and 771HK had not been enacted.
Social Security Act 1991 257 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.22A Special employment advances Division 7 Repayment of special employment advance Section 1061EZC Division 7—Repayment of special employment advance 1061EZC Repayment of special employment advance (1) If a person receives a special employment advance or an instalment of a special employment advance under this Part, the person must repay the special employment advance or instalment to the Commonwealth by one or more of the following methods: (a) deductions from the person’s special employment advance qualifying entitlement under Chapter 3 (General provisions relating to payability and rates); (b) a method provided for by Chapter 5 (Overpayments and debt recovery); (c) a method (other than a method described in paragraph (a) or (b)) that is acceptable to both the person and the Secretary.
(2) Subsection (1) does not affect the Secretary’s powers and duties under Part 5.4 (Non-recovery of debts) if the amount of the special employment advance or instalment that has not been repaid becomes a debt due to the Commonwealth.
258 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Advance pharmaceutical allowance Part 2.23 Qualification for and payability of advance pharmaceutical allowance Division 1 Section 1061F Part 2.23—Advance pharmaceutical allowance Division 1—Qualification for and payability of advance pharmaceutical allowance 1061F Qualification for advance pharmaceutical allowance (1) A person is qualified for an advance pharmaceutical allowance if: (a) the person is receiving a social security pension; and (b) the Secretary is satisfied that the person’s ordinary income is not more than $20.50 per fortnight.
(2) For the purposes of this section, a person’s ordinary income does not include: (a) a payment: (i) that the person is entitled to under the law of a foreign country; and (ii) that results in the person’s social security pension rate being reduced by an amount equal to the amount of the payment; or (b) a periodic compensation payment to which Part 3.14 applies.
(3) For the purposes of this section, if a person is a member of a couple the amount of the person’s ordinary income is worked out by adding the couple’s ordinary incomes (on a fortnightly basis) and dividing by 2.

1061G Advance pharmaceutical allowance not payable in some circumstances (1) Even though a person is qualified for an advance pharmaceutical allowance, the allowance is not payable to the person if the person is not an Australian resident.
(3) Even though a person is qualified for an advance pharmaceutical allowance, the allowance is not payable to the person if Social Security Act 1991 259 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.23 Advance pharmaceutical allowance Division 1 Qualification for and payability of advance pharmaceutical allowance Section 1061G pharmaceutical allowance is not used to work out the rate of the person’s social security pension.
260 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Advance pharmaceutical allowance Part 2.23 Amount of advance pharmaceutical allowance Division 3 Section 1061JC Division 3—Amount of advance pharmaceutical allowance 1061JC Amount of advance pharmaceutical allowance Subject to section 1061JD, the amount of a person’s advance pharmaceutical allowance is: pharmaceutical allowance rate  7 26 where: pharmaceutical allowance rate is the yearly amount of pharmaceutical allowance that would be added to the person’s maximum basic rate if a pharmaceutical allowance advance were not being paid to the person.
Note: Pharmaceutical rates are to be found at: (d) point 1066A-D8 of Pension Rate Calculator D; (e) point 1066B-D8 of Pension Rate Calculator E; (f) point 1068A-C7 of Pension PP (Single) Rate Calculator.
1061JD Annual limit The amount paid to a person in a calendar year by way of: (a) pharmaceutical allowance; and (b) advance pharmaceutical allowance; is not to exceed the total amount of pharmaceutical allowance that would have been paid to the person during that year if the person had not received any advance pharmaceutical allowance.

Note: For the amount paid to a person by way of pharmaceutical allowance see subsections 19A(2) to (6).
Social Security Act 1991 261 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.23A Crisis payment Division 1 Qualification for crisis payment Section 1061JG Part 2.23A—Crisis payment Division 1—Qualification for crisis payment 1061JG Qualification—release from gaol or psychiatric confinement (1) A person is qualified for a crisis payment if, after the commencement of this section: (a) the person spends at least 14 days in gaol, or in psychiatric confinement that starts because he or she has been charged with an offence, and is released so that he or she is neither in gaol nor in psychiatric confinement; and (b) the person claims the crisis payment either while the person was in gaol or psychiatric confinement, or within 7 days after being released; and (c) on the day on which the claim for the crisis payment is made (including the day on which it is taken to have been made under Schedule 2 to the Administration Act): (i) the person is qualified for a social security pension or social security benefit; and (ii) the person is in severe financial hardship (see section 19D).
Note: A person does not cease to be in gaol merely because he or she is transferred between a prison and a psychiatric institution where he or she is lawfully detained while still under sentence.

See subsection 23(5).

(2) Disregard subsection 23(9) in determining whether a person meets the condition in paragraph (1)(a) of this section.
Note: Subsection 23(9) provides that the confinement of a person in a psychiatric institution when the person is undertaking a course of rehabilitation is not to be taken to be psychiatric confinement.
262 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Crisis payment Part 2.23A Qualification for crisis payment Division 1 Section 1061JH 1061JH Qualification—extreme circumstances forcing departure from home (1) A person is qualified for a crisis payment if, after the commencement of this section: (a) the person has left, or cannot return to, his or her home because of an extreme circumstance; and (b) the extreme circumstance makes it unreasonable to expect the person to remain in, or return to, the home; and (c) the person has established, or intends to establish, a new home; and (d) at the time the extreme circumstance occurred, the person was in Australia; and (e) the person makes a claim for a crisis payment within 7 days after the extreme circumstance occurred; and (f) on the day on which the claim is made: (i) the person is in severe financial hardship (see section 19D); and (ii) the person has made a claim (whether on the same day or on an earlier day) for a social security pension or benefit and the person is qualified for the pension or benefit; and (g) during the 12 months immediately preceding the day on which the claim is made, no more than 3 crisis payments have been payable to the person based on: (i) the qualifications set out in this section; or (ii) the qualifications set out in section 1061JHA (remaining in home after removal of family member due to domestic or family violence).
Note: Examples of extreme circumstances that would qualify a person for crisis payment are the person’s house being burnt down, or the person being subjected to domestic or family violence.

(2) A person is not qualified for a crisis payment in respect of an extreme circumstance if the Secretary is satisfied that the extreme circumstance is brought about with a view to obtaining a crisis payment.
Social Security Act 1991 263 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.23A Crisis payment Division 1 Qualification for crisis payment Section 1061JHA 1061JHA Qualification—remaining in home after removal of family member due to domestic or family violence (1) A person is qualified for a crisis payment if: (a) the person has been subjected to domestic or family violence, in Australia, by a family member of the person; and (b) at the time of the domestic or family violence the person was living with that family member; and (c) the family member leaves, or is removed from, the person’s home because of the domestic or family violence; and (d) the person remains living in the person’s home after the family member leaves or is removed; and (e) the person’s home is in Australia; and (f) the person makes a claim for a crisis payment within 7 days after the day on which the family member left or was removed; and (g) on the day on which the claim is made: (i) the person is in severe financial hardship (see section 19D); and (ii) the person has made a claim (whether on the same day or on an earlier day) for a social security pension or benefit and the person is qualified for the pension or benefit; and (h) during the 12 months immediately preceding the day on which the claim is made, no more than 3 crisis payments have been payable to the person based on: (i) the qualifications set out in this section; or (ii) the qualifications set out in section 1061JH (extreme circumstances forcing departure from home).
Note: For family member see subsection 23(14).

(2) A person is not qualified for a crisis payment if the Secretary is satisfied that the family member left the person’s home with a view to the person obtaining a crisis payment.
264 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Crisis payment Part 2.23A Qualification for crisis payment Division 1 Section 1061JI 1061JI Qualification—humanitarian entrant to Australia (1) A person is qualified for a crisis payment if: (a) the person arrives in Australia; and (b) that arrival is the first time the person has arrived in Australia as the holder of a qualifying humanitarian visa (see subsection (2)); and (c) the person makes a claim for a crisis payment within 7 days of that arrival; and (d) on the day on which the claim is made: (i) the person is in severe financial hardship (see section 19D); and (ii) the person has made a claim (whether on the same day or on an earlier day) for a social security pension or benefit and the person is qualified for the pension or benefit.
(2) The Minister may, by legislative instrument, specify visas that are qualifying humanitarian visas for the purposes of paragraph (1)(b).
1061JIA Qualification—national health emergency (1) A person is qualified for a crisis payment if: (a) on the day on which the claim for the crisis payment is made: (i) the person has made a claim (whether on the same day or on an earlier day) for a social security pension or benefit; and (ii) the person is qualified for the pension or benefit; and (b) the person satisfies the requirements determined in an instrument under subsection (2).
(2) The Minister may, by legislative instrument, determine requirements for the purposes of paragraph (1)(b).

The Minister must be satisfied that the requirements relate to a national health emergency.

(3) Without limiting subsection (2), the requirements may depend on the Secretary being satisfied of one or more specified matters.
Social Security Act 1991 265 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.23A Crisis payment Division 1 Qualification for crisis payment Section 1061JJ 1061JJ Crisis payment not payable in addition to disaster relief payment (1) A crisis payment is not payable to a person in respect of an extreme circumstance if the person is qualified for an AGDRP, a Disaster Recovery Allowance or other disaster relief payment (whether under this Act or otherwise) in respect of the same extreme circumstance.
(2) However, this section does not affect a person’s entitlement to a crisis payment in respect of an extreme circumstance if: (a) the person has claimed the crisis payment; and (b) the person subsequently qualifies for an AGDRP, a Disaster Recovery Allowance or other disaster relief payment in respect of the same extreme circumstance.
1061JK Crisis payment not payable if assurance of support in force A person is not qualified for a crisis payment if the Secretary is satisfied that at the time the person would otherwise have been qualified for crisis payment: (a) an assurance of support was in force in respect of the person (the assuree); and (b) the person who gave the assurance of support was willing and able to provide an adequate level of support to the assuree; and (c) it was reasonable for the assuree to accept that support.
Note: For assurance of support see subsection 23(1).
1061JL Person not qualified for crisis payment if qualified for crisis payment under ABSTUDY scheme A person is not qualified for a crisis payment under section 1061JG, 1061JH, 1061JHA, 1061JI or 1061JIA in respect of a circumstance if the Secretary is satisfied that: (a) the person is qualified under the ABSTUDY scheme for a crisis payment in respect of that same circumstance; and 266 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Crisis payment Part 2.23A Qualification for crisis payment Division 1 Section 1061JL (b) the crisis payment is payable under that scheme in respect of that circumstance.
Social Security Act 1991 267 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.23A Crisis payment Division 4 Amount of crisis payment Section 1061JU Division 4—Amount of crisis payment 1061JU Amount of payment (1) Subject to subsection (2), the amount of a crisis payment payable to a person is half the fortnightly amount at the maximum basic rate of the social security pension or social security benefit that is payable to the person.
(2) If a person is a CDEP Scheme participant, the amount of a crisis payment payable to the person is half the fortnightly amount at the maximum basic rate of the social security pension or social security benefit that the person is taken to be receiving under section 1188H.

Note: For CDEP Scheme participant see section 1188B.
(3) If, under section 1188H, the person is taken to be receiving more than one social security pension or social security benefit, the person is taken, for the purposes of subsection (2), to be receiving the pension or benefit with the higher maximum basic rate.
(4) In this section: maximum basic rate, in relation to each of the following social security payments, means (unless otherwise stated below) the rate worked out at Module B of the relevant Rate Calculator: (a) for the following pensions if the recipient is not blind: (i) age pension; (ii) disability support pension (recipient has turned 21, or is under 21 and has one or more dependent children); (iii) carer pension; the Rate Calculator at the end of section 1064; or (b) for age pension and disability support pension (recipient has turned 21, or is under 21 and has one or more dependent children) if the recipient is blind—the Rate Calculator at the end of section 1065; or 268 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Crisis payment Part 2.23A Amount of crisis payment Division 4 Section 1061JU (d) for disability support pension if the recipient is under 21, is not blind and does not have any dependent children—the Rate Calculator at the end of section 1066A; or (e) for disability support pension if the recipient is under 21, is blind and does not have any dependent children—the Rate Calculator at the end of section 1066B; or (f) for the following: (i) jobseeker payment; (ii) widow allowance; (iv) partner allowance; (v) mature age allowance granted under Part 2.12B; the Rate Calculator at the end of section 1068; or (h) for a pension PP (single)—the Rate Calculator at the end of section 1068A; or (i) for
 benefit PP (partnered)—Module C of the Rate Calculator at the end of section 1068B; or (k) for special benefit—section 746; or (l) for youth allowance—the Rate Calculator at the end of section 1067G; or (m) for austudy payment—Step 3 of the Method statement in Module A of the Rate Calculator at the end of section 1067L.
Note: For dependent child see section 5.
Social Security Act 1991 269 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.23B Disaster Recovery Allowance Division 1 Qualification for Disaster Recovery Allowance Section 1061KA Part 2.23B—Disaster Recovery Allowance Division 1—Qualification for Disaster Recovery Allowance 1061KA Qualification for Disaster Recovery Allowance (1) A person is qualified for a Disaster Recovery Allowance if: (a) the person is at least 16 years of age; and (b) the person: (i) is an Australian resident; or (ii) is the holder of a visa that is in a class of visas determined by the Minister for the purposes of subparagraph 729(2)(f)(v); and (c) under subsection 36A(1), the Minister determines that an event is a Part 2.23B major disaster; and (d) if the person is under 22 years of age—the Secretary is satisfied that subsection (2) of this section does not apply in relation to the person; and (e) the Secretary is satisfied that subsection (3) or (4) of this section applies in relation to the person; and (f) the Secretary is satisfied that the person has suffered a loss of income as a direct result of the event; and (g) the person is not receiving a social security entitlement; and (h) the person is not receiving a payment prescribed in an instrument under subsection (5) of this section; and (i) the Secretary is satisfied that the person satisfies the requirements (if any) prescribed in an instrument under subsection (6) of this section; and (j) the person’s rate of Disaster Recovery Allowance, worked out under section 1061KC, is greater than nil at the time the claim for payment of Disaster Recovery Allowance is determined by the Secretary.
Qualification rule for persons under 22 years of age (2) This subsection applies in relation to a person if: 270 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Disaster Recovery Allowance Part 2.23B Qualification for Disaster Recovery Allowance Division 1 Section 1061KA (a) on the day of the determination under subsection 36A(1), the person is wholly or substantially dependent on another person (except the person’s partner); and (b) on that day, the person is not a parent of another person; and (c) the person’s income in the financial year in which that day occurs will not be more than $6,403.
Qualification rule if affected industries and areas (3) This subsection applies in relation to a person if: (a) under paragraph 36A(5)(a), the Minister specifies, in a determination under section 36A, one or more industries affected by the event and one or more areas affected by the event; and (b) the person earns, derives or receives income from one of those industries and the person does so by working in one of those areas.
Qualification rule if affected areas only (4) This subsection applies in relation to a person if: (a) under paragraph 36A(5)(b), the Minister specifies, in a determination under section 36A, one or more areas affected by the event; and (b) either or both of the following apply: (i) the person earns, derives or receives income from one of those areas and the person does so by working in one of those areas; (ii) the person resides in one of those areas.
Legislative instruments (5) The Minister may, in writing, prescribe payments for the purposes of paragraph (1)(h).

(6) The Minister may, in writing, prescribe requirements for the purposes of paragraph (1)(i).
Social Security Act 1991 271 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.23B Disaster Recovery Allowance Division 1 Qualification for Disaster Recovery Allowance Section 1061KB (7) An instrument made under subsection (5) or (6) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.
1061KB Disaster Recovery Allowance not payable if assurance of support in force A person is not qualified for a Disaster Recovery Allowance if the Secretary is satisfied that at the time the person would otherwise have been so qualified: (a) an assurance of support was in force in respect of the person (the assuree); and (b) the person who gave the assurance of support was willing and able to provide an adequate level of support to the assuree; and (c) it was reasonable for the assuree to accept that support.
Note: For assurance of support see subsection 23(1).

272 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Disaster Recovery Allowance Part 2.23B Rate of Disaster Recovery Allowance Division 2 Section 1061KC Division 2—Rate of Disaster Recovery Allowance 1061KC Rate of Disaster Recovery Allowance (1) The rate of a person’s Disaster Recovery Allowance is a daily rate.
That rate is worked out by dividing the fortnightly rate worked out in accordance with an instrument under subsection (2) by 14.

(2) The Minister must, by legislative instrument, specify a method for working out the fortnightly rate of Disaster Recovery Allowance for the purposes of subsection (1).

(3) That fortnightly rate may be nil.


Maximum rates (4) For a person who is under 22 years of age, that fortnightly rate is not to exceed the maximum basic rate of youth allowance that would be payable to the person if: (a) the person were qualified for youth allowance; and (b) youth allowance were payable to the person.
(5) For a person who is at least 22 years of age, that fortnightly rate is not to exceed the maximum basic rate of jobseeker payment that would be payable to the person if: (a) the person were qualified for jobseeker payment; and (b) jobseeker payment were payable to the person.
Social Security Act 1991 273 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.23B Disaster Recovery Allowance Division 3 Other matters Section 1061KD Division 3—Other matters 1061KD Period that Disaster Recovery Allowance is payable A person’s Disaster Recovery Allowance is payable to the person for a period of 13 weeks.
1061KE Non-receipt of social security payment (1) This section applies for the purposes of a provision of this or another Act if: (a) the provision provides a benefit (whether the benefit is a pension, benefit, payment, supplement or any other sort of benefit) if a person meets specified criteria; and (b) one of the specified criteria is that the person is receiving a social security payment, or is a recipient of a social security payment.
(2) For the purposes of the provision, a person is not taken to be receiving a social security payment, or to be a recipient of a social security payment, merely because the person receives a Disaster Recovery Allowance.
274 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Australian Government Disaster Recovery Payment Part 2.24 Qualification for Australian Government Disaster Recovery Payment Division 1 Section 1061K Part 2.24—Australian Government Disaster Recovery Payment Division 1—Qualification for Australian Government Disaster Recovery Payment 1061K Qualification for Australian Government Disaster Recovery Payment (1) A person is qualified for an Australian Government Disaster Recovery Payment if: (a) the person is at least 16 years old, or is receiving a social security payment; and (b) the person: (i) is an Australian resident; or (ii) is the holder of a visa that is in a class of visas determined by the Minister for the purposes of subparagraph 729(2)(f)(v); or (iii) is receiving a social security payment; or (iv) is an Australian citizen who is not an Australian resident and who is covered by a determination under subsection (2); and (c) the person is adversely affected by a major disaster.
Note 1: For Australian resident see section 7.

Note 2: For adversely affected see section 1061L.

Note 3: For major disaster see section 36.

(2) The Minister may determine in writing that a specified class of Australian citizens who are not Australian residents can qualify for an AGDRP.

Note: For Australian resident see section 7.

(3) A determination made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.
Social Security Act 1991 275 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.24 Australian Government Disaster Recovery Payment Division 1 Qualification for Australian Government Disaster Recovery Payment Section 1061L (4) A person cannot be qualified for more than one AGDRP in relation to the same major disaster.
1061L Meaning of adversely affected (1) For the purposes of this Act, a person is adversely affected by a major disaster if the person is affected by the disaster in a way determined by the Minister in relation to the disaster.

(2) The Minister may determine in writing, in relation to a major disaster, the circumstances in which persons are to be taken to be adversely affected by the disaster.
(3) A determination made under this section is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.
276 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Australian Government Disaster Recovery Payment Part 2.24 Amount of Australian Government Disaster Recovery Payment Division 2 Section 1061M Division 2—Amount of Australian Government Disaster Recovery Payment 1061M Amount of payment for disasters in Australia (1) The amount of an AGDRP payable to a person in relation to a major disaster that occurs in Australia is the sum of: (a) the adult rate for the financial year in which the major disaster is declared under section 36; and (b) if the person is the principal carer of one or more children— the amount worked out by multiplying the child rate for that financial year by the number of children for whom the person is the principal carer.
Note 1: For major disaster see section 36.

Note 2: For principal carer see subsections 5(15) to (24).
(2) For the purposes of this Division, the adult rate for a financial year is: (a) the amount that the Minister determines under subsection 1061P(1) to be the adult rate for the financial year; or (b) if the Minister has not determined an adult rate for the financial year—the amount that the Minister last determined to be the adult rate for a previous financial year; or (c) if the Minister has never determined an adult rate for any financial year—$1,000.
(3) For the purposes of this Division, the child rate for a financial year is: (a) the amount that the Minister determines under subsection 1061P(2) to be the child rate for the financial year; or (b) if the Minister has not determined a child rate for the financial year—the amount that the Minister last determined to be the child rate for a previous financial year; or Social Security Act 1991 277 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.24 Australian Government Disaster Recovery Payment Division 2 Amount of Australian Government Disaster Recovery Payment Section 1061N (c) if the Minister has never determined a child rate for any financial year—$400.
1061N Amount of payment for disasters outside Australia The amount of an AGDRP payable to a person in relation to a major disaster that occurs outside Australia is the sum of: (a) the amount that the Minister determines under subsection 1061P(4) in relation to the disaster; and (b) if the person is the principal carer of one or more children— the amount worked out by multiplying the amount that the Minister determines under subsection 1061P(5) in relation to the disaster by the number of children for whom the person is the principal carer.
Note 1: For major disaster see section 36.

Note 2: For principal carer see subsections 5(15) to (24).

1061P Determinations of rates (1) The Minister may determine in writing for the purposes of subsection 1061M(2) the adult rate for a financial year.

(2) The Minister may determine in writing for the purposes of subsection 1061M(3) the child rate for a financial year.

(3) A determination under subsection (1) or (2) must be made in the financial year preceding the year to which the determination relates.
(4) The Minister may determine in writing for the purposes of paragraph 1061N(a) an amount not exceeding the adult rate for the financial year in which the determination is made.

(5) The Minister may determine in writing for the purposes of paragraph 1061N(b) an amount not exceeding the child rate for the financial year in which the determination is made.
278 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Australian Government Disaster Recovery Payment Part 2.24 Amount of Australian Government Disaster Recovery Payment Division 2 Section 1061P (6) A determination made under this section is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.
Social Security Act 1991 279 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.24 Australian Government Disaster Recovery Payment Division 3 Recoverable payments etc.

Section 1061PAAA Division 3—Recoverable payments etc.
1061PAAA Recoverable payments (1) If, apart from this subsection, the Commonwealth does not have power under the social security law to pay an amount (the relevant amount) to a person (the recipient) purportedly as an Australian Government Disaster Recovery Payment, then the Commonwealth may pay the relevant amount to the recipient.
Recovery (2) If a payment is made under subsection (1) to the recipient, the relevant amount: (a) is a debt due to the Commonwealth by the recipient; and (b) may be recovered by the Secretary, on behalf of the Commonwealth, in a court of competent jurisdiction.
1061PAAB Recoverable death payments (1) If, apart from this subsection, the Commonwealth does not have power under the social security law to pay an amount (the relevant amount) in any of the following circumstances: (a) the relevant amount is deposited to an account kept in the name of a deceased person; (b) the relevant amount is deposited to an account kept in the names of a deceased person and another person; (c) the relevant amount is paid by way of a cheque made out to a deceased person; the Commonwealth may pay the relevant amount in the circumstances mentioned in paragraph (a), (b) or (c), so long as: (d) on the last day on which changes could reasonably be made to the payment of the relevant amount, no Department official knew that the deceased person had died; and (e) apart from this subsection, the relevant amount would have been payable as an Australian Government Disaster 280 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Australian Government Disaster Recovery Payment Part 2.24 Recoverable payments etc.
Division 3 Section 1061PAAC Recovery Payment to the deceased person if the deceased person had not died.

Note: For Department official, see section 1061PAAE.

(2) If a payment is made under subsection (1), the relevant amount is taken to have been paid to the deceased person’s estate.
Recovery (3) If a payment is made under subsection (1), the relevant amount: (a) is a debt due to the Commonwealth by the legal personal representative of the deceased person; and (b) may be recovered by the Secretary, on behalf of the Commonwealth, in a court of competent jurisdiction.
1061PAAC Reports about recoverable payments and recoverable death payments (1) During the applicable publication period for a reporting period, the Secretary must cause to be published, in such manner as the Secretary thinks fit, a report that sets out: (a) both: (i) the number of payments made under subsection 1061PAAA(1) during the reporting period; and (ii) the total amount of those payments; and (b) both: (i) the number of payments made under subsection 1061PAAB(1) during the reporting period; and (ii) the total amount of those payments.
(2) However, a report is not required if: (a) the number mentioned in subparagraph (1)(a)(i) is zero; and (b) the number mentioned in subparagraph (1)(b)(i) is zero.

Social Security Act 1991 281 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.24 Australian Government Disaster Recovery Payment Division 3 Recoverable payments etc.
Section 1061PAAC Deferred reporting (3) Paragraph (1)(a) of this section does not require a report to deal with a payment unless, before the preparation of the report, a Department official was aware the payment was made under subsection 1061PAAA(1).

Note: For Department official, see section 1061PAAE.
(4) Paragraph (1)(b) of this section does not require a report to deal with a payment unless, before the preparation of the report, a Department official was aware the payment was made under subsection 1061PAAB(1).

Note: For Department official, see section 1061PAAE.
(5) For the purposes of this section, if: (a) a payment was made under subsection 1061PAAA(1) or 1061PAAB(1) in a reporting period; and (b) either: (i) because of subsection (3) of this section, paragraph (1)(a) of this section did not require a report to deal with the payment; or (ii) because of subsection (4) of this section, paragraph (1)(b) of this section did not require a report to deal with the payment; and (c) during a later reporting period, a Department official becomes aware that the payment was made under subsection 1061PAAA(1) or 1061PAAB(1), as the case may be; the payment is subject to a deferred reporting obligation in relation to the later reporting period.
Note: For Department official, see section 1061PAAE.
(6) If one or more payments made under subsection 1061PAAA(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the Secretary must, during the applicable publication period for the later reporting period: 282 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Australian Government Disaster Recovery Payment Part 2.24 Recoverable payments etc.
Division 3 Section 1061PAAC (a) prepare a report that sets out: (i) the number of those payments; and (ii) the total amount of those payments; and (iii) the reporting period during which the payments were made; and (b) if a report is required under subsection (1) in relation to the later reporting period—include the paragraph (a) report in the subsection (1) report; and (c) if paragraph (b) does not apply—publish, in such manner as the Secretary thinks fit, the paragraph (a) report.
(7) If one or more payments made under subsection 1061PAAB(1) during a reporting period are subject to a deferred reporting obligation in relation to a later reporting period, the Secretary must, during the applicable publication period for the later reporting period: (a) prepare a report that sets out: (i) the number of those payments; and (ii) the total amount of those payments; and (iii) the reporting period during which the payments were made; and (b) if a report is required under subsection (1) in relation to the later reporting period—include the paragraph (a) report in the subsection (1) report; and (c) if paragraph (b) does not apply—publish, in such manner as the Secretary thinks fit, the paragraph (a) report.
Reporting period (8) For the purposes of this section, a reporting period is: (a) a financial year; or (b) if a shorter recurring period is prescribed in an instrument under subsection (9)—that period.

(9) The Minister may, by legislative instrument, prescribe a recurring period for the purposes of paragraph (8)(b).
Social Security Act 1991 283 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.24 Australian Government Disaster Recovery Payment Division 3 Recoverable payments etc.
Section 1061PAAD Applicable publication period (10) For the purposes of this section, the applicable publication period for a reporting period is the period of: (a) 4 months; or (b) if a lesser number of months is prescribed, in relation to the reporting period, in an instrument under subsection (11)— that number of months; beginning immediately after the end of the reporting period.
(11) The Minister may, by legislative instrument, prescribe a number of months, in relation to a reporting period, for the purposes of paragraph (10)(b).

1061PAAD Review of decisions Part 4 of the Social Security (Administration) Act 1999 does not apply to a decision under this Division.
1061PAAE Department official For the purposes of this Division, Department official means a person: (a) who: (i) is an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of the Department; or (ii) is a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997); and (b) whose duties consist of, or include, matters relating to Australian Government Disaster Recovery Payments.
284 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Australian Victim of Terrorism Overseas Payment Part 2.24AA Qualification for Australian Victim of Terrorism Overseas Payment Division 1 Section 1061PAA Part 2.24AA—Australian Victim of Terrorism Overseas Payment Division 1—Qualification for Australian Victim of Terrorism Overseas Payment 1061PAA Qualification for Australian Victim of Terrorism Overseas Payment Qualification for AVTOP (1) A person is qualified for an Australian Victim of Terrorism Overseas Payment if: (a) the person is a primary victim or a secondary victim of a declared overseas terrorist act; and (b) the person and the person’s close family members were not involved in the commission of the terrorist act; and (c) the person: (i) is an Australian resident on the day the terrorist act occurred; or (ii) is covered by a determination under subsection (6).
Note: For declared overseas terrorist act see section 35B.

Meaning of primary victim (2) A person is a primary victim of a declared overseas terrorist act if the person: (a) was in the place where the terrorist act occurred; and (b) was harmed (within the meaning of the Criminal Code) as a direct result of the terrorist act.
Meaning of secondary victim (3) A person is a secondary victim of a declared overseas terrorist act if the person is a close family member of a person who: (a) was in the place where the terrorist act occurred; and Social Security Act 1991 285 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.24AA Australian Victim of Terrorism Overseas Payment Division 1 Qualification for Australian Victim of Terrorism Overseas Payment Section 1061PAB (b) died, before the end of 2 years starting on the day the terrorist act occurred, as a direct result of the terrorist act.
Meaning of close family members (4) The following are a person’s close family members: (a) the person’s partner; (b) the person’s child; (c) the person’s parent; (d) the person’s sibling; (e) the person’s legal guardian.
Meaning of involved (5) A person was involved in the commission of a declared overseas terrorist act if the person: (a) aided, abetted, counselled or procured the terrorist act; or (b) induced the terrorist act, whether through threats or promises or otherwise; or (c) was in any way (directly or indirectly) knowingly concerned in, or a party to, the terrorist act; or (d) conspired with others to effect the terrorist act.
Ministerial determination (6) The Minister may, by legislative instrument, determine a specified class of persons for the purposes of subparagraph (1)(c)(ii).

1061PAB Whether a person can be qualified for more than one AVTOP in relation to the same terrorist act Only one AVTOP for primary victim as primary victim (1) A person cannot be qualified as a primary victim for more than one AVTOP in relation to the same declared overseas terrorist act.
286 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Australian Victim of Terrorism Overseas Payment Part 2.24AA Qualification for Australian Victim of Terrorism Overseas Payment Division 1 Section 1061PAB Only one AVTOP for secondary victims for same family member (2) A person cannot be qualified as a secondary victim for more than one AVTOP in relation to the same close family member.
When victims can qualify for more than one AVTOP (3) A person can be qualified for more than one AVTOP in relation to the same declared overseas terrorist act if the person: (a) is a primary victim and a secondary victim of the terrorist act (whether as a secondary victim in relation to one, or more than one, close family member); or (b) is a secondary victim of the terrorist act in relation to more than one close family member.
Social Security Act 1991 287 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.24AA Australian Victim of Terrorism Overseas Payment Division 2 Payability of Australian Victim of Terrorism Overseas Payment to secondary victims Section 1061PAC Division 2—Payability of Australian Victim of Terrorism Overseas Payment to secondary victims 1061PAC When AVTOP for secondary victims is not payable If: (a) a person makes a claim for an AVTOP as a secondary victim in relation to a close family member who has died as a direct result of a declared overseas terrorist act; and (b) either: (i) before the claim was made, one or more persons were granted an AVTOP as secondary victims in relation to the close family member; or (ii) the Secretary had notified the person under subsection 35B(2) of the Administration Act of the person’s entitlement to make a claim, but the person did not make the claim before the day specified in the notice; then the AVTOP is not payable to the person.
288 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Australian Victim of Terrorism Overseas Payment Part 2.24AA Amount of Australian Victim of Terrorism Overseas Payment Division 3 Section 1061PAD Division 3—Amount of Australian Victim of Terrorism Overseas Payment 1061PAD Amount of AVTOP for a primary victim (1) The Secretary must determine the amount of an AVTOP payable to a person who is a primary victim of a declared overseas terrorist act.
(2) The determination must be made in accordance with subsection (3) and the AVTOP Principles under section 1061PAF.

(3) The amount must not exceed $75,000.

1061PAE Amount of AVTOP for a secondary victim Secretary to determine amount of AVTOP (1) The Secretary must determine the amount of an AVTOP (the relevant AVTOP) payable to a person who is a secondary victim in relation to a close family member who has died as a direct result of a declared overseas terrorist act.
(2) The determination must be made in accordance with subsections (3) to (5) and the AVTOP Principles under section 1061PAF.

(3) The amount must not exceed $75,000.


Limit on total payments in relation to close family member (4) If the person is not the only secondary victim who has made a claim as a secondary victim in relation to the close family member, then, when working out the amount of the relevant AVTOP, the Secretary must ensure that the sum of all the AVTOPs (including the relevant AVTOP) that are paid in relation to the close family member does not exceed $75,000.
Social Security Act 1991 289 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.24AA Australian Victim of Terrorism Overseas Payment Division 3 Amount of Australian Victim of Terrorism Overseas Payment Section 1061PAF Limit on total payments to secondary victim (5) If: (a) the person is also a secondary victim of the terrorist act in relation to one or more other close family members; and (b) an AVTOP has been paid to the person in relation to any of those other family members; then, when working out the amount of the relevant AVTOP, the Secretary must ensure that the sum of all the AVTOPs (including the relevant AVTOP) that are paid to the person as a secondary victim of the terrorist act does not exceed $75,000.
1061PAF AVTOP Principles (1) The Minister must, by legislative instrument, determine the principles (the AVTOP Principles) to be applied for the purposes of determining the amount of an AVTOP payable to a person in relation to a declared overseas terrorist act.
(2) Without limiting subsection (1), the AVTOP Principles may provide that the following factors are to be taken into account when determining the amount of the payment: (a) for a primary victim: (i) the nature of the injury or disease suffered as a direct result of the terrorist act; and (ii) the duration of the injury or disease; and (iii) the impact of the injury or disease on the person’s bodily and mental functions; and (iv) the impact of the injury or disease on the person’s life; and (v) the likelihood of the person suffering future loss, injury or disease as a direct result of the terrorist act; and (vi) the circumstances in which the injury or disease was incurred; and (vii) whether the person was directed by an official of Australia or a foreign country not to go to the place where the terrorist act occurred; 290 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Australian Victim of Terrorism Overseas Payment Part 2.24AA Amount of Australian Victim of Terrorism Overseas Payment Division 3 Section 1061PAF (b) for a secondary victim in relation to a close family member who has died: (i) whether the person was dependant on the close family member; and (ii) the nature of the relationship between the person and the close family member; and (iii) the circumstances in which the close family member died; and (iv) whether the close family member was directed by an official of Australia or a foreign country not to go to the place where the terrorist act occurred; and (v) whether there are other persons who have made a claim for an AVTOP as a secondary victim in relation to the close family member; and (vi) if there are such other secondary victims and the person and each of the other secondary victims agree on the amount of the AVTOP that each should be paid—that agreement; and (vii) if there are such other secondary victims and the person and each of the other secondary victims have not agreed on the amount of
 the AVTOP that each should be paid—whether the person has also made a claim as a secondary victim of the terrorist act in relation to another close family member; (c) for a primary victim or a secondary victim: (i) whether there was travel advice on an Australian government website advising against travelling to the foreign country, region or place where the terrorist act occurred; and (ii) whether the person has been paid or is likely to be paid an amount by the Commonwealth, a State, a Territory, a foreign country or any other person or entity in relation to the terrorist act.
(3) The AVTOP Principles may specify circumstances in which the amount of an AVTOP is nil.
Social Security Act 1991 291 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.24AA Australian Victim of Terrorism Overseas Payment Division 4 Other Section 1061PAG Division 4—Other 1061PAG Consultation on the AVTOP Principles (1) Before determining the AVTOP Principles under section 1061PAF, the Minister must consult with representatives of the following groups (the consultation groups): (a) victims of overseas terrorist acts and their families; (b) community or welfare organisations; (c) health professionals; (d) international humanitarian agencies; (e) any other persons the Minister considers appropriate to consult.
(2) The Minister must also consult representatives of the consultation groups each year after the year in which the AVTOP Principles commence.

(3) A failure to consult as required by this section does not affect the validity of the AVTOP Principles.

1061PAH AVTOP is not compensation or damages For the purposes of any law of the Commonwealth, a payment of AVTOP is not to be treated as being a payment of compensation or damages.
292 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pensioner education supplement Part 2.24A Qualification for pensioner education supplement Division 1 Section 1061PA Part 2.24A—Pensioner education supplement Division 1—Qualification for pensioner education supplement Subdivision A—The basic rules 1061PA Qualification for pensioner education supplement A person is qualified for a pensioner education supplement if the person: (a) is undertaking qualifying study (see Subdivision B); and (b) is receiving a payment attracting pensioner education supplement (see Subdivision C); and (c) is of pensioner education supplement age (see Subdivision D); and (d) meets the residency requirements under Subdivision E. Note: Division 2 sets out situations in which pensioner education supplement is not payable even if the person qualifies for it.
Subdivision B—Undertaking qualifying study 1061PB Undertaking qualifying study General (1) For the purposes of this Part, a person is undertaking qualifying study if the Secretary is satisfied that: (a) the person: (i) is enrolled in a course of education at an educational institution; or (ii) was enrolled in the course and satisfies the Secretary that he or she intends, and has (since no longer being enrolled) always intended, to re-enrol in the course when re-enrolments in the course are next accepted; or Social Security Act 1991 293 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.24A Pensioner education supplement Division 1 Qualification for pensioner education supplement Section 1061PB (iii) was enrolled in the course and satisfies the Secretary that he or she intends, and has (since no longer being enrolled) always intended, to enrol in another course of education (at the same or a different educational institution) when enrolments in the other course are next accepted; and (b) the course in which the person is enrolled, or intends to enrol, is an approved course of education or study (see section 1061PC); and (c) the person is a full-time student or a concessional study-load student in respect of that course (see sections 1061PD and 1061PE); and (d) the person satisfies the progress rules (see sections 1061PH and 1061PI).
Persons not undertaking qualifying study (2) A person is not undertaking qualifying study if the person: (a) is employed on a full-time basis as an apprentice or trainee under an industrial instrument or the National Employment Standards, and has a training agreement (however described) with a training authority (by whatever name called) of a State or Territory; or (b) has completed a course for: (i) a degree of Master or Doctor at an educational institution; or (ii) a qualification at a foreign institution that is, in the Secretary’s opinion, of the same standing as a degree of Master or Doctor at an educational institution.
Note: For educational institution see subsection 23(1).
Taken to be undertaking qualifying study from 1 January (3) For the purpose of subsection (1), a person is taken to have been undertaking qualifying study from 1 January in a particular year if: (a) the person is enrolled in a course of education that is a full year course starting before 1 April in that year; and 294 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pensioner education supplement Part 2.24A Qualification for pensioner education supplement Division 1 Section 1061PB (b) the person starts his or her full year course before that day; and (c) either: (i) the person did not undertake full-time or part-time study for the whole, or a part, of the immediately preceding semester (excluding vacations); or (ii) the person did not undertake full-time or part-time study for more than one semester (excluding vacations) during the immediately preceding 12 months and the Secretary is satisfied that this was due to the person’s illness or to other circumstances beyond the person’s control.
Taken to be undertaking qualifying study from 1 July (4) For the purpose of subsection (1), a person is taken to have been undertaking qualifying study from 1 July in a particular year if: (a) the person is enrolled in a course of education that is a full year course starting on or after 1 July in that year; and (b) the person starts his or her full year course on or after that day; and (c) either: (i) the person did not undertake full-time or part-time study for the whole, or a part, of the immediately preceding semester (excluding vacations); or (ii) the person did not undertake full-time or part-time study for more than one semester (excluding vacations) during the immediately preceding 12 months and the Secretary is satisfied that this was due to the person’s illness or to other circumstances beyond the person’s control.
Taken to be undertaking qualifying study until 31 December (5) For the purpose of subsection (1), a person is taken to be undertaking qualifying study until the end of 31 December in a particular year if: (a) the person completes his or her course of education after 15 September but before 31 December in that year; and Social Security Act 1991 295 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.24A Pensioner education supplement Division 1 Qualification for pensioner education supplement Section 1061PC (b) the person’s course of education is a full year course or a late starting course.
Industrial instruments (6) In paragraph (2)(a): industrial instrument means an award, determination or agreement (however described) that: (a) is made under or recognised by a law of the Commonwealth or of a State or Territory that: (i) regulates the relationships between employers and employees; or (ii) provides for the prevention or settlement of disputes between employers and employees; and (b) concerns the relationship between an employer and the employer’s employees, or provides for the prevention or settlement of a dispute between an employer and the employer’s employees.
National Employment Standards has the same meaning as in the Fair Work Act 2009.

1061PC Approved course of education or study For the purposes of paragraph 1061PB(1)(b), a course is an approved course of education or study if it is a course determined, under section 5D of the Student Assistance Act 1973, to be a secondary course or a tertiary course for the purposes of that Act.
1061PD Full-time students For the purposes of this Subdivision, a person is a full-time student in respect of a course if: (a) in the case of a person who is enrolled in the course for a particular study period (such as, for example, a semester)— the person is undertaking at least three quarters of the normal 296 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pensioner education supplement Part 2.24A Qualification for pensioner education supplement Division 1 Section 1061PE amount of full-time study in respect of the course for that period; or (b) in the case of a person who intends to enrol in the course for a particular study period—the person intends to undertake at least three quarters of the normal amount of full-time study in respect of the course for that period.
Note: For normal amount of full-time study see section 1061PF.

1061PE Concessional study-load students (1) For the purposes of this Subdivision, there are 2 classes of concessional study-load students, namely: (a) 25% concessional study-load students; and (b) 66% concessional study-load students.
(2) For the purposes of this Subdivision, a person is a 25% concessional study-load student in respect of a course if this subsection applies to the person and: (a) in the case of a person who is enrolled in the course for a particular study period (such as, for example, a semester)— the person is undertaking at least one quarter, but less than three quarters, of the normal amount of full-time study in respect of the course for that period; or (b) in the case of a person who intends to enrol in the course for a particular study period—the person intends to undertake at least one quarter, but less than three quarters, of the normal amount of full-time study in respect of the course for that period.
(3) For the purposes of this Subdivision, a person is a 66% concessional study-load student in respect of a course if this subsection applies to the person and: (a) in the case of a person who is enrolled in the course for a particular study period (such as, for example, a semester)— the person is undertaking at least two thirds, but less than three quarters, of the normal amount of full-time study in respect of the course for that period; or Social Security Act 1991 297 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.24A Pensioner education supplement Division 1 Qualification for pensioner education supplement Section 1061PE (b) in the case of a person who intends to enrol in the course for a particular study period—the person intends to undertake at least two thirds, but less than three quarters, of the normal amount of full-time study in respect of the course for that period.
Note: For normal amount of full-time study see section 1061PF.
(4) Subsection (2) applies to a person if: (a) an officer in the Commonwealth Rehabilitation Service or an appropriate medical practitioner who has a detailed knowledge of the person’s physical condition has stated in writing that: (i) the person has a substantial physical disability; and (ii) the person cannot successfully undertake the normal amount of full-time study in respect of the course because of the disability; or (b) a medical practitioner specialising in psychiatry has stated in writing that: (i) the person has a substantial psychiatric disability; and (ii) the person cannot successfully undertake the normal amount of full-time study in respect of the course because of the disability; or (c) a psychologist who is registered with the Australian Psychologist Society has stated in writing that the person: (i) has an intellectual disability; and (ii) cannot successfully undertake the normal amount of full-time study in respect of the course because of the disability; or (d) the person is receiving: (i) a disability support pension, a carer payment, a pension PP (single), a youth allowance or a jobseeker payment under this Act; or (ii) an invalidity service pension or a carer service pension under the Veterans’ Entitlements Act; or (e) the person has a dependent child aged less than 16 years and: 298 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pensioner education supplement Part 2.24A Qualification
 for pensioner education supplement Division 1 Section 1061PE (ii) is a sole parent and is receiving a special benefit under this Act; or (iii) is receiving a widow allowance under this Act; or (iv) is receiving a pension under Part II of the Veterans’ Entitlements Act; or (v) is receiving pension under Part IV of the Veterans’ Entitlements Act; or (vi) has received, or is entitled to receive, compensation for permanent impairment under section 68, 71 or 75 of the Military Rehabilitation and Compensation Act; or (vii) is receiving a Special Rate Disability Pension under Part 6 of Chapter 4 of the Military Rehabilitation and Compensation Act; or (viii) is receiving, or has received, the weekly amount mentioned in paragraph 234(1)(b) of the Military Rehabilitation and Compensation Act (including a reduced weekly amount because of a choice under section 236 of that Act) or a lump sum mentioned in subsection 236(5) of that Act.
(5) Subsection (3) applies to a person if: (a) the person cannot undertake the course as a full-time student because of: (i) the relevant educational institution’s usual requirements for the course; or (ii) a specific direction in writing to the person from the academic registrar or an equivalent officer; or (b) the academic registrar (or an equivalent officer) of the relevant educational institution recommends in writing that the person undertake less than the normal amount of full-time study in respect of the course for specified academic or vocational reasons for a period not exceeding half an academic year.
Social Security Act 1991 299 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.24A Pensioner education supplement Division 1 Qualification for pensioner education supplement Section 1061PF 1061PF Normal amount of full-time study (1) For the purposes of this Subdivision, the normal amount of full-time study in respect of a course is: (a) if: (i) the course is a course of study within the meaning of the Higher Education Support Act 2003; and (ii) there are Commonwealth supported students (within the meaning of that Act) enrolled in the course; the full-time student load for the course; or (b) if the course is not such a course and the institution defines an amount of full-time study that a full-time student should typically undertake in respect of the course—the amount so defined; or (c) otherwise—an amount of full-time study equivalent to the average amount of full-time study that a person would have to undertake for the duration of the course in order to complete the course in the minimum amount of time needed to complete it.
(2) Without limiting subsection (1), the normal amount of full-time study in respect of a course is an average, taken over the duration of the period for which the person in question is enrolled in the course, of 20 contact hours per week.
1061PG First fortnight of classes A person is taken to be undertaking full-time study or a concessional study-load (as the case may be) in respect of a course during the period (the relevant period): (a) starting on the first day of classes in a study period; and (b) ending on the Friday of the second week of classes in the study period; if the person is enrolled in the course and undertakes study in respect of the course on at least one day in the relevant period.
300 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pensioner education supplement Part 2.24A Qualification for pensioner education supplement Division 1 Section 1061PH 1061PH Progress rules—secondary students General rule (1) Subject to subsection (2), a person enrolled in, or intending to enrol in, a secondary course satisfies the progress rules for the purposes of paragraph 1061PB(1)(d) if, in the Secretary’s opinion, the person is making satisfactory progress towards completing the course.
Students repeating year 12 (2) A person does not satisfy the progress rules if: (a) the person is enrolled in a secondary course that is at year 12 level, or the overall level of which is at year 12 level (see subsections (3) and (4)); and (b) the person has been a full-time student in respect of a course at that level (a previous course) in each of 2 previous years; and (c) none of the following circumstances apply: (i) the person failed a previous course because of an illness that had not been diagnosed when the person began that course; (ii) the person failed a previous course because of other circumstances beyond the person’s control that were not apparent when the person began that course; (iii) the person failed a previous course because English is not the person’s native language; (iv) the person completed or discontinued a previous course within 6 months after the relevant academic year started; (v) each of the previous courses was undertaken more than 10 years before the present study.
Course at year 12 level (3) A secondary course is at year 12 level if the institution in which the course is undertaken regards it as being at year 12 level.
Social Security Act 1991 301 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.24A Pensioner education supplement Division 1 Qualification for pensioner education supplement Section 1061PI Overall level of course at year 12 level (4) The overall level of a secondary course is at year 12 level if the institution in which the course is undertaken regards at least 50% of the course as being at year 12 level.
Meaning of secondary course (5) For the purposes of this section, a course is a secondary course if it is a course determined, under section 5D of the Student Assistance Act 1973, to be a secondary course for the purposes of that Act.
1061PI Progress rules—tertiary students Full-time students (1) A person who is a full-time student in respect of a tertiary course satisfies the progress rules if: (a) in the case of a person who is enrolled in the course—on the day on which the person enrolled in the course; or (b) in the case of a person who is not yet enrolled in the course but intends to enrol in the course—on the day on which enrolments in the course are next accepted; the time already spent by the student on the course, or on one or more other tertiary courses at the same level as that course, does not exceed the allowable study time for that course.
Note: For allowable study time for a course see subsection (3).
Concessional study-load students (2) A person who is a concessional study-load student in respect of a tertiary course satisfies the progress rules if: (a) in the case of a person who is enrolled in the course—on the day on which the person enrolled in the course; or (b) in the case of a person who is not yet enrolled in the course but intends to enrol in the course—on the day on which enrolments in the course are next accepted; 302 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pensioner education supplement Part 2.24A Qualification for pensioner education supplement Division 1 Section 1061PI the time already spent by the person on the course, or on one or more other tertiary courses at the same level as that course, does not exceed the allowable study time for the course.
Note: For allowable study time for a course see subsections (3) and (4).
Allowable study time—full-time students and 66% concessional study-load students (3) The allowable study time for a course undertaken by a full-time student or a 66% concessional study-load student is: (a) if the minimum amount of time needed to complete the course as a full-time student is one year or less—that minimum amount of time; or (b) if the minimum amount of time needed to complete the course as a full-time student is more than 1 year and: (i) the student is enrolled, or intends to enrol, in a year-long subject; or (ii) the student’s further progress in the course depends on passing a whole year’s work in the course; the minimum amount of time plus 1 year; or (c) in any other case—the minimum amount of time needed to complete the course as a full-time student plus half an academic year.
Allowable study time—25% concessional study-load students (4) The allowable study time for a course undertaken by a 25% concessional study-load student is twice the minimum period in which it is possible to complete the course as a full-time student.
Time spent by person studying part-time (5) If a student has studied part-time for a course over a certain period, the time spent by the student on that course is taken to be the proportion of that period calculated by using the formula: Social Security Act 1991 303 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.24A Pensioner education supplement Division 1 Qualification for pensioner education supplement Section 1061PI Study undertaken Normal full-time study where: normal full-time study means the normal amount of full-time study for the course.
study undertaken means the amount of study undertaken part-time by the student for the course.
Current full-time students who have previously undertaken courses as concessional study-load students (6) If: (a) a person is undertaking a course as a full-time student; and (b) the person has previously undertaken: (i) part of the course; or (ii) one or more than one other course at the same level as that course; as a concessional study-load student; and (c) the time spent by the person undertaking the part of the course referred to in subparagraph (b)(i), or the course or courses referred to in subparagraph (b)(ii), (the previous study) is not to be disregarded under subsection (7); the time spent by the person undertaking the previous study is taken to be equal to the minimum amount of time that a full-time student would have taken to complete the previous study.
Matters to be disregarded in determining whether someone has exceeded the allowable study time (7) In determining whether a person has exceeded the allowable study time (for a full-time student or a concessional study-load student), disregard the following: (a) if the person has completed a course (a pre-requisite course), the completion of which is the normal requirement for 304 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pensioner education supplement Part 2.24A Qualification for pensioner education supplement Division 1 Section 1061PI admission to the course in which the person is enrolled, or intends to enrol—time spent undertaking the pre-requisite course; (b) a failed year of study, or a failed part of a year of study, if the failure is because of: (i) the person’s illness; or (ii) other circumstances beyond the person’s control; (c) time spent undertaking a course that has been permanently discontinued because of: (i) the person’s illness; or (ii) other circumstances beyond the person’s control; (d) time spent undertaking a course that has been completed but which, because of the person’s illness, the person cannot use in any of the trades or profession to which the course is appropriate; (e) time spent undertaking a TAFE course if the normal length of the course for a full-time student is one year or less; (f) time spent undertaking a course more than 10 years ago, unless the course has since been
 completed; (g) time spent undertaking a course after 1973 if the course was not: (i) approved for the Tertiary Education Assistance Scheme; or (ii) approved for the AUSTUDY scheme; or (iii) an approved course for the purposes of paragraph 541B(1)(c), 569A(b) or 1061PB(1)(b) of this Act; (h) time spent undertaking a course at a foreign institution; (i) time spent undertaking a subject from which the student withdrew, if the educational institution in which the subject was undertaken did not record the
 withdrawal from the subject as a failure; (j) any time spent undertaking a course during which the person was ineligible to receive: (i) AUSTUDY; or Social Security Act 1991 305 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.24A Pensioner education supplement Division 1 Qualification for pensioner education supplement Section 1061PI (ii) a benefit under the Tertiary Education Assistance Scheme; or (iii) youth allowance; or (iv) austudy payment; because of the application of rules in respect of academic progress.
Levels of tertiary courses (8) There are 4 levels of tertiary courses—levels A, B, C and D. Level A courses (9) The following are Level A courses: (a) a postgraduate bachelor degree course, with or without honours; (b) a graduate or postgraduate diploma course; (c) a course of practical legal training at a higher education institution; (d) a course of advanced education regarded by an accrediting authority as being at PG1 level; (e) a graduate certificate course.
Level B courses (10) The following are Level B courses: (a) a bachelor degree course (other than a postgraduate course), with or without honours; (b) the bachelor level component of a masters degree course with concurrent bachelor and masters level study; (c) a diploma course other than: (i) a graduate or postgraduate diploma course; or (ii) a course for which an entry requirement is successful completion of year 10 of secondary studies; or (iii) a TAFE course; (d) a Master’s qualifying course; (e) the Barristers or Solicitors Admission Board’s course; 306 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pensioner education supplement Part 2.24A Qualification for pensioner education supplement Division 1 Section 1061PJ (f) a course of advanced education regarded by an accrediting authority as being at UG1 or UG2 level.
Level C courses (11) The following are Level C courses: (a) an associate degree course; (b) an associate diploma course; (c) a diploma course at a TAFE institution for which an entry requirement is successful completion of year 12 of secondary studies; (d) a 2-year undergraduate diploma course.
Level D courses (12) The following are Level D courses: (a) a TAFE course at a higher education institution; (b) a TAFE course, unless the course is in Level A, B or C. Meaning of tertiary course (13) For the purposes of this section, a course is a tertiary course if it is a course determined, under section 5D of the Student Assistance Act 1973, to be a tertiary course for the purposes of that Act.
Subdivision C—Payments attracting pensioner education supplement 1061PJ Payments attracting pensioner education supplement General (1) A person is receiving a payment attracting pensioner education supplement if the person is receiving: (a) a payment under this Act set out in subsection (2); or (b) a payment under the Veterans’ Entitlements Act set out in subsection (3); or Social Security Act 1991 307 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.24A Pensioner education supplement Division 1 Qualification for pensioner education supplement Section 1061PJ (c) in the case of a person who has a dependent child— compensation under the Military Rehabilitation and Compensation Act set out in subsection (4).
Payments under this Act (2) The payments under this Act are the following: (a) a disability support pension; (c) a carer payment; (d) a pension (PP) single; (da) subject to subsection (2A), a youth allowance; (db) subject to subsection (2B), a jobseeker payment; (dc) subject to subsection (2D), a benefit PP (partnered); (f) a widow allowance; (g) in the case of a person who is a sole parent—a special benefit.
(2A) Paragraph (2)(da) only applies if: (a) the person receiving the payment: (i) has a partial capacity to work; and (ii) on the day (being a day occurring on or after 1 July 2006) immediately before the person first qualified for a youth allowance, was a transitional DSP applicant and was receiving a disability support pension; and (iii) ceased to be qualified for that disability support pension because he or she no longer had a continuing inability to work within the meaning of section 94; and (iiia) ceased to be so qualified as a result of the first decision about the person’s capacity to work made on or after 1 July 2006; and (iv) on the day immediately before ceasing to be qualified for that disability support pension, was qualified for a pensioner education supplement in relation to a particular course of education or study; or (b) the person receiving the payment: 308 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pensioner education supplement Part 2.24A Qualification for pensioner education supplement Division 1 Section 1061PJ (i) is the principal carer of at least one child and is not a member of a couple; and (ii) on the day (being a day occurring on or after 1 July 2006) immediately before the person last qualified for a youth allowance, was qualified for parenting payment and was receiving a pension (PP) single; and (iii) ceased to be qualified for that parenting payment because he or she no
 longer had a PP child for the reason that his or her youngest dependent child had turned 8; and (iv) on the day immediately before ceasing to be qualified for that parenting payment, was qualified for a pensioner education supplement in relation to a particular course of education or study; and the person has: (c) at all times since that day, been qualified both for: (i) a youth allowance; and (ii) a pensioner education supplement in relation to that particular course of education or study; and (d) at no time since that day, either undertaken full-time study or been a new apprentice.
Note 1: For partial capacity to work see section 16B.

Note 2: For transitional DSP applicant see subsection 23(1).

Note 3: For principal carer see subsections 5(15) to (24).

See also subsection (2C) of this section.

Note 4: For undertaking full-time study see section 541B.

Note 5: For new apprentice see subsection 23(1).

(2B) Paragraph (2)(db) only applies if subsection (2BA) or (2BB) applies.
(2BA) This subsection applies if the person receiving the payment: (a) has a partial capacity to work; and (b) on the day (the relevant day) (being a day occurring on or after 1 July 2006) immediately before the person first Social Security Act 1991 309 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.24A Pensioner education supplement Division 1 Qualification for pensioner education supplement Section 1061PJ qualified for a jobseeker payment, was a transitional DSP applicant and was: (i) receiving a disability support pension; or (ii) receiving a youth allowance in respect of which subsection (2A) applied; and (c) if he or she was receiving a disability support pension— ceased to be qualified for it because he or she no longer had a continuing inability to work within the meaning of section 94; and (d) if he or she was receiving a disability support pension— ceased to be so qualified as a result of the first decision about the person’s capacity to work made on or after 1 July 2006; and (e) was, on the relevant day, qualified for a pensioner education supplement in relation to a particular course of education or study; and (f) at all times since the relevant day, has been qualified both for: (i) a jobseeker payment; and (ii) a pensioner education supplement in relation to that particular course of education or study.
Note 1: For partial capacity to work see section 16B.

Note 2: For transitional DSP applicant see subsection 23(1).

(2BB) This subsection applies if the person receiving the payment is the principal carer of at least one child and is not a member of a couple.

Note: For principal carer see subsections 5(15) to (24).

See also subsection (2C) of this section.


(2C) If a person is the principal carer of a child who dies, the person is taken, for the purposes of subparagraph (2A)(b)(i) and subsection (2BB), to continue to be the principal carer of the child during the period of 14 weeks that starts on the day of the child’s death.
(2D) Paragraph (2)(dc) only applies if the person receiving the payment: 310 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pensioner education supplement Part 2.24A Qualification for pensioner education supplement Division 1 Section 1061PJ (a) has a partial capacity to work; and (b) on the day (the relevant day) (being a day occurring on or after 1 July 2006) immediately before the person first qualified for parenting payment, was a transitional DSP applicant and was: (i) receiving a disability support pension; or (ii) receiving a youth allowance in respect of which subsection (2A) applied; or (iii) receiving a jobseeker payment in respect of which subsection (2B) applied; and (c) if he or she was receiving a disability support pension— ceased to be qualified for it because he or she no longer had a continuing inability to work within the meaning of section 94; and (d) if he or she was receiving a disability support pension— ceased to be so qualified as a result of the first decision about the person’s capacity to work made on or after 1 July 2006; and (e) was, on the relevant day, qualified for a pensioner education supplement in relation to a particular course of education or study; and (f) at all times since the relevant day, has been a member of a couple; and (g) at all times since the relevant day, has been qualified both for: (i) parenting payment; and (ii) a pensioner education supplement in relation to that particular course of education or study.
Note 1: For partial capacity to work see section 16B.

Note 2: For transitional DSP applicant see subsection 23(1).
Payments under the Veterans’ Entitlements Act (3) The payments under the Veterans’ Entitlements Act are the following: Social Security Act 1991 311 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.24A Pensioner education supplement Division 1 Qualification for pensioner education supplement Section 1061PK (a) in the case of a person who has a dependent child—a pension under Part II of that Act; (b) an invalidity service pension; (ba) income support supplement; (bb) a veteran payment; (c) in the case of a person whose partner is receiving an invalidity service pension—a partner service pension; (d) a carer service pension; (e) in the case of a person who has a dependent child—a pension under Part IV of that Act.
Compensation under the Military Rehabilitation and Compensation Act (4) For a person who has a dependent child, the compensation under the Military Rehabilitation and Compensation Act is the following: (a) compensation for permanent impairment paid as a weekly amount under section 68, 71 or 75 of the Military Rehabilitation and Compensation Act; (b) a Special Rate Disability Pension under Part 6 of Chapter 4 of the Military Rehabilitation and Compensation Act; (c) the weekly amount mentioned in paragraph 234(1)(b) of the Military Rehabilitation and Compensation Act (including a reduced weekly amount because of a choice under section 236 of that Act).
Subdivision D—Pensioner education supplement age 1061PK Pensioner education supplement age For the purposes of this Part, a person is of pensioner education supplement age if the person: (a) is at least 16 years old; or (b) is independent and has reached the minimum school leaving age for the State or Territory in which the person is living.
312 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pensioner education supplement Part 2.24A Qualification for pensioner education supplement Division 1 Section 1061PL 1061PL When a person is regarded as independent Application (1) This section applies to determine whether a person is to be regarded as independent for the purposes of this Part.
A person is not to be regarded as independent except as provided by this section.

Person with a dependent child (2) A person is independent if: (a) the person has a natural child, adopted child or relationship child who is wholly or substantially dependent on the person or his or her partner; or (b) the person previously had a natural child, adopted child or relationship child who was wholly or substantially dependent on the person or on a person who, at the time, was the person’s partner.
Orphan (3) A person is independent if both the person’s parents are dead, whether or not the person is dependent, or was last dependent, on someone other than his or her parents.
If parents cannot exercise responsibilities (4) A person is independent if both of the person’s parents are (or, if the person has only one parent, that parent is): (a) serving a prison sentence of at least 10 years; or (b) mentally incapacitated and likely to remain so incapacitated for an indefinite period; or (c) living in a nursing home and likely to remain there for an indefinite period; or (d) missing; whether or not the person is dependent, or was last dependent, on someone other than a parent of the person.
Social Security Act 1991 313 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.24A Pensioner education supplement Division 1 Qualification for pensioner education supplement Section 1061PL Refugee (5) A person is independent if the person: (a) is the holder, within the meaning of the Migration (1993) Regulations, of a Group 1.3 entry permit (permanent resident) (refugee and humanitarian); or (b) while the holder of such a permit, was granted Australian citizenship.
However, a person is not independent under this subsection if the person has a parent living in Australia, or is wholly or substantially dependent on someone else on a long-term basis.
Person in State care (6) A person is independent if the person is not living with a parent, and: (a) the person is in the guardianship, care or custody of a court, a Minister, or a Department, of the Commonwealth, a State or a Territory; or (b) there is a current direction from such a court, Minister or Department placing the person in the guardianship, care or custody of someone who is not the person’s parent; or (c) the person stopped being in a situation described in paragraph (a) or (b) only because of his or her age.
A person to whom this subsection applies is taken, for the purposes of this Part, to be in State care.
Unreasonable to live at home (7) A person is independent if: (a) the person cannot live at the home of either or both of his or her parents: (i) because of extreme family breakdown or other similar exceptional circumstances; or (ii) because it would be unreasonable to expect the person to do so as there would be a serious risk to his or her 314 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pensioner education supplement Part 2.24A Qualification for pensioner education supplement Division 1 Section 1061PM physical or mental well-being due to violence, sexual abuse or other similar exceptional circumstances; and (b) the person is not receiving continuous support, whether directly or indirectly and whether financial or otherwise, from a parent of the person or from another person who is acting as the person’s guardian on a long-term basis; and (c) the person is not receiving, on a continuous basis, any payments in the nature of income support (other than a social security benefit) from the Commonwealth, a State or a Territory.
Parents of relationship children (8) If a person (other than a person who is an adopted child) is a relationship child of another person because he or she is a child of the other person, and of a third person, within the meaning of the Family Law Act 1975, the other person and the third person are taken to be the person’s only parents for the purposes of subsections (3), (4), (5), (6) and (7).
Subdivision E—Residency 1061PM Residency requirements For the purposes of this Part, a person meets the residency requirements if the person: (a) is an Australian resident; and (b) subject to section 1061PN, is in Australia.
1061PN Absence of persons overseas General (1) A person who is undertaking qualifying study is taken to be in Australia while the person: (a) is absent from Australia for the purpose of undertaking part of the studies for the course of education in respect of which the person is undertaking qualifying study; or Social Security Act 1991 315 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.24A Pensioner education supplement Division 1 Qualification for pensioner education supplement Section 1061PN (b) is absent from Australia, for any other purpose, for not more than 6 weeks.
Temporary return to Australia (2) If the person: (a) returns to Australia after having been outside Australia (whether before or after the commencement of this section) for more than 6 weeks; and (b) leaves Australia before the end of 6 weeks after he or she so returned to Australia; the person is taken to have continued to be absent from Australia throughout the period from the time of the person’s return to the time when the person so left Australia.
316 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pensioner education supplement Part 2.24A Situations in which pensioner education supplement is not payable Division 2 Section 1061PT Division 2—Situations in which pensioner education supplement is not payable Subdivision C—Newly arrived resident’s waiting period 1061PT Pensioner education supplement not payable during newly arrived resident’s waiting period A pensioner education supplement is not payable to a person while the person is subject to a newly arrived resident’s waiting period (see sections 1061PU and 1061PV).
1061PU Newly arrived resident’s waiting period Basic rule (1) Subject to this section, a person is subject to a newly arrived resident’s waiting period if the person: (a) has entered Australia; and (b) has not been an Australian resident in Australia for a period of, or periods totalling, 208 weeks.

Note: For Australian resident see subsection 7(2).

Exception—qualifying resident exemption (2) Subsection (1) does not apply to a person who has a qualifying residence exemption for an austudy payment.
Note: For qualifying residence exemption in relation to austudy payment, see paragraph 7(6AA)(f).
Exception—other (3) Subsection (1) does not apply to a person if: (a) the person is a refugee, or a former refugee, at the time the person made the claim for a pensioner education supplement; or (b) the following apply: Social Security Act 1991 317 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.24A Pensioner education supplement Division 2 Situations in which pensioner education supplement is not payable Section 1061PV (i) before the person made the claim for a pensioner education supplement, the person was a family member of another person at the time the other person became a refugee; (ii) the person is a family member of that other person at the time the person made the claim for a pensioner education supplement or, if that other person has died, the person was a family member of that other person immediately before that other person died; or (c) the person is an Australian citizen at the time the person made the claim for a pensioner education supplement.
(4) For the purposes of subsection (3): (a) family member has the meaning given by subsection 7(6D); and (b) former refugee has the meaning given by subsection 7(1); and (c) refugee has the meaning given by subsection 7(6B).
1061PV Length of newly arrived resident’s waiting period If a person is subject to a newly arrived resident’s waiting period, the period: (a) starts on the day the person first became an Australian resident; and (b) ends when the person has been an Australian resident in Australia for a period of, or periods totalling, 208 weeks after that day.

Note: For Australian resident see subsection 7(2).


Subdivision D—Multiple entitlement exclusion 1061PW Meaning of multiple entitlement exclusion For the purposes of this Division, a person is subject to a multiple entitlement exclusion if the person is receiving a pensioner education supplement under the ABSTUDY scheme.
318 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pensioner education supplement Part 2.24A Situations in which pensioner education supplement is not payable Division 2 Section 1061PX 1061PX Multiple entitlement exclusion A pensioner education supplement is not payable to a person if the person is subject to a multiple entitlement exclusion.
Social Security Act 1991 319 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.24A Pensioner education supplement Division 5 Rate of pensioner education supplement Section 1061PZG Division 5—Rate of pensioner education supplement 1061PZG Rate of pensioner education supplement (1) If a person: (a) is a sub-50% concessional study-load student in respect of a course; and (b) is not receiving any of the following: (i) a disability support pension under this Act; (ia) a youth allowance, newstart allowance or benefit PP (partnered) under this Act, in a case where the person has a partial capacity to work; (ii) an invalidity service pension under the Veterans’ Entitlements Act; (iii) an income support supplement under the Veterans’ Entitlements Act on the grounds of permanent incapacity; (iv) a veteran payment; the pensioner education supplement fortnightly rate for the person is $31.20.
Note 1: Recipients of youth allowance, newstart allowance or benefit PP (partnered) only qualify for pensioner education supplement in the limited circumstances set out in subsection 1061PJ(2A), (2B) or (2D).

Note 2: For partial capacity to work see section 16B.

(2) The pensioner education supplement fortnightly rate for a person to whom subsection (1) does not apply is $62.40.
(3) The rate of pensioner education supplement for a person is a daily rate worked out by dividing the person’s fortnightly rate by 14.
(4) For the purposes of this section, a person is a sub-50% concessional study-load student in respect of a course if the person is a 25% concessional study-load student in respect of the course for the purposes of Subdivision B of Division 1 of this Part who is undertaking, or who intends to undertake, less than one half of the 320 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Pensioner education supplement Part 2.24A Rate of pensioner education supplement Division 5 Section 1061PZG normal amount of full-time study, determined in accordance with section 1061PF, in respect of that course.
Social Security Act 1991 321 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.25 Telephone allowance Division 1 Qualification for and payability of telephone allowance Section 1061Q Part 2.25—Telephone allowance Division 1—Qualification for and payability of telephone allowance 1061Q Qualification for telephone allowance (1) A person is qualified for a telephone allowance if: (a) the person is receiving a social security pension; and (c) the person is a telephone subscriber.
Note: For telephone subscriber see subsection (5).

(2) A person is qualified for a telephone allowance if: (a) the person is receiving a youth allowance; and (b) the person is not undertaking full-time study; and (c) the person is not a new apprentice; and (d) the person: (i) has a partial capacity to work; or (ii) is the principal carer of at least one child and is not a member of a couple; and (e) the person is a telephone subscriber.

Note 1: For undertaking full-time study see section 541B.
Note 2: For new apprentice see subsection 23(1).

Note 3: For partial capacity to work see section 16B.

Note 4: For principal carer see subsections 5(15) to (24).

See also subsection (2C) of this section.

Note 5: For telephone subscriber see subsection (5).
(2A) A person is qualified for a telephone allowance if: (a) the person is receiving a jobseeker payment; and (b) the person: (i) has a partial capacity to work; or (ii) is the principal carer of at least one child and is not a member of a couple; and 322 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Telephone allowance Part 2.25 Qualification for and payability of telephone allowance Division 1 Section 1061Q (c) the person is a telephone subscriber.
Note 1: For partial capacity to work see section 16B.

Note 2: For principal carer see subsections 5(15) to (24).

See also subsection (2C) of this section.

Note 3: For telephone subscriber see subsection (5).
(2B) A person is qualified for a telephone allowance if: (a) the person is: (i) receiving a youth allowance while the person is not undertaking full-time study and is not a new apprentice; or (ii) receiving a jobseeker payment; and (b) the person is the principal carer of at least one child and is a member of a couple; and (c) the person is a telephone subscriber; and (d) the person’s partner has turned 60; and (e) the person’s partner is receiving jobseeker payment; and (f) the person’s partner has been receiving income support payments in respect of a continuous period of at least 9 months.
Note 1: For undertaking full-time study see section 541B.

Note 2: For new apprentice see subsection 23(1).

Note 3: For principal carer see subsections 5(15) to (24).

See also subsection (2C) of this section.

Note 4: For telephone subscriber see subsection (5).

Note 5: For income support payment see subsection 23(1).

Note 6: Subsection 23(4A) can affect when a person is taken to be receiving the pension or allowance.
(2C) If a person is the principal carer of a child who dies, the person is taken, for the purposes of subparagraphs (2)(d)(ii) and (2A)(b)(ii) and paragraph (2B)(b), to continue to be the principal carer of the child during the period of 14 weeks that starts on the day of the child’s death.
Social Security Act 1991 323 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.25 Telephone allowance Division 1 Qualification for and payability of telephone allowance Section 1061Q (2D) A person is qualified for a telephone allowance if: (a) the person is receiving a benefit PP (partnered); and (b) the person has a partial capacity to work; and (c) the person is a telephone subscriber.
Note 1: For partial capacity to work see section 16B.

Note 2: For telephone subscriber see subsection (5).

(3) A person is qualified for a telephone allowance if: (a) the person is receiving widow allowance, jobseeker payment, partner allowance, benefit PP (partnered) or special benefit; and (b) the person has been receiving income support payments in respect of a continuous period of at least 9 months; and (c) the person has turned 60; and (d) the person is a telephone subscriber.
Note 1: For income support payment see subsection 23(1).

Note 2: For the determination of the continuous period in respect of which a person received income support payments see section 38B.

Note 3: For telephone subscriber see subsection (5).
(3A) A person is qualified for telephone allowance if: (a) the person is receiving partner allowance or benefit PP (partnered); and (b) the person is a telephone subscriber; and (c) the person’s partner has turned 60; and (d) the person’s partner is receiving job search allowance or jobseeker payment; and (e) the person’s partner has been receiving income support payments in respect of a continuous period of at least 9 months.

Note 1: For telephone subscriber see subsection (5).
Note 2: For income support payment see subsection 23(1).

Note 3: For the determination of the continuous period in respect of which a person received income support payments see section 38B.
324 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Telephone allowance Part 2.25 Qualification for and payability of telephone allowance Division 1 Section 1061Q (3C) If: (a) a person has been receiving a social security pension; and (b) the person ceases to receive the pension because the person or the person’s partner has employment income; and (c) the person is a telephone subscriber; the person is qualified for a telephone allowance: (d) if the person has been receiving a disability support pension—for a period of 12 months from the date on which the person ceases to receive the pension; or (e) in any other situation mentioned in paragraph (a)—for a period of 6 months from the date on which the person ceases to receive the pension.
Note 1: For telephone subscriber see subsection (5).

Note 2: Subsection 23(4A) can affect when a person is taken to be receiving the pension.
(3D) Subsection (3C) applies to a person who: (a) has been receiving a youth allowance while the person: (i) has had a partial capacity to work; and (ii) has not been undertaking full-time study; and (iii) has not been a new apprentice; or (b) has been receiving a jobseeker payment or parenting payment while the person has had a partial capacity to work; as if the person had been receiving a disability support pension.

Note 1: For partial capacity to work see section 16B.
Note 2: For undertaking full-time study see section 541B.

Note 3: For new apprentice see subsection 23(1).
(3E) Subsection (3C) applies to a person who: (a) has been receiving a youth allowance while the person: (i) has been the principal carer of at least one child; and (ii) has not been a member of a couple; and (iii) has not had a partial capacity to work; and (iv) has not been undertaking full-time study; and Social Security Act 1991 325 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.25 Telephone allowance Division 1 Qualification for and payability of telephone allowance Section 1061Q (v) has not been a new apprentice; or (b) has been receiving a jobseeker payment while the person: (i) has been the principal carer of at least one child; and (ii) has not been a member of a couple; and (iii) has not had a partial capacity to work; as if the person had been receiving pension PP (single).
Note 1: For principal carer see subsections 5(15) to (24).

See also subsection (3K) of this section.

Note 2: For partial capacity to work see section 16B.

Note 3: For undertaking full-time study see section 541B.

Note 4: For new apprentice see subsection 23(1).
(3F) If: (a) a person has been receiving one of the following social security benefits: (i) jobseeker payment; (ii) widow allowance; (iii) partner allowance; (v) special benefit; (vi) benefit PP (partnered); and (b) the person ceases to receive the benefit because the person or the person’s partner has employment income; and (c) the person has turned 60; and (d) immediately before the person ceases to receive the benefit, the person had been receiving income support payments in respect of a continuous period of at least 9 months; and (e) the person is a telephone subscriber; the person is qualified for a telephone allowance for a period of 6 months from the date on which the person ceases to receive the benefit.
Note 1: For telephone subscriber see subsection (5).

Note 2: Subsection 23(4A) can affect when a person is taken to be receiving the benefit.
(3G) If: 326 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Telephone allowance Part 2.25 Qualification for and payability of telephone allowance Division 1 Section 1061Q (a) a person has been receiving partner allowance or benefit PP (partnered); and (b) the person ceases to receive the benefit because the person or the person’s partner has employment income; and (c) the person’s partner has turned 60; and (d) the person’s partner: (i) is receiving jobseeker payment; or (ii) was receiving jobseeker payment immediately before the person ceased to receive partner allowance or benefit PP (partnered); and (e) immediately before the person ceases to receive the benefit, the person’s partner had been receiving income support payments in respect of a continuous period of at least 9 months; and (f) the person is a telephone subscriber; the person is qualified for a telephone allowance for a period of 6 months from the date on which the person ceases to receive the benefit.
Note 1: For telephone subscriber see subsection (5).

Note 2: Subsection 23(4A) can affect when a person is taken to be receiving the benefit.
(3H) Subsection (3G) applies to a person who: (a) has been receiving youth allowance while the person: (i) has been the principal carer of at least one child; and (ii) has been a member of a couple; and (iii) has not been undertaking full-time study; and (iv) has not been a new apprentice; or (b) has been receiving jobseeker payment while the person: (i) has been the principal carer of at least one child; and (ii) has been a member of a couple; as if the person had been receiving partner allowance or benefit PP (partnered).
Note 1: For principal carer see subsections 5(15) to (24).

See also subsection (3K) of this section.

Social Security Act 1991 327 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.25 Telephone allowance Division 1 Qualification for and payability of telephone allowance Section 1061Q Note 2: For undertaking full-time study see section 541B.

Note 3: For new apprentice see subsection 23(1).


(3J) A reference in paragraph (3C)(b), (3F)(b) or (3G)(b) to the employment income of a person is a reference to that person’s employment income either alone or in combination with any other ordinary income earned, derived or received, or taken to have been earned, derived or received, by the person or the person’s partner.
(3K) If a person was the principal carer of a child who died, the person is taken, for the purposes of subparagraphs (3E)(a)(i) and (3H)(b)(i), to have continued to be the principal carer of the child during the period of 14 weeks that started on the day of the child’s death.
(4) For the purposes of paragraph (2B)(f), (3)(b), (3A)(e), (3F)(d) or (3G)(e), it does not matter: (a) whether the kind of payment received has changed over the period in question; or (b) whether the period or any part of it occurred before or after the commencement of that paragraph.
(5) In this section: telephone subscriber means: (a) a person who has a telephone service connected in Australia in his or her name; or (b) a person: (i) to whom paragraph (a) does not apply; and (ii) who is a member of a couple (other than an illness separated, temporarily separated or respite care couple); and (iii) whose partner has a telephone service connected in Australia in the partner’s name.
Note: For member of a couple, illness separated couple, temporarily separated couple and respite care couple see section 4.
328 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Telephone allowance Part 2.25 Qualification for and payability of telephone allowance Division 1 Section 1061R 1061R Telephone allowance not payable in some circumstances Even though a person is qualified for a telephone allowance, the allowance is not payable to the person if: (a) the person is receiving a social security payment for which a pension supplement amount is used to work out the rate of the payment, with a pension supplement amount that is more than the person’s pension supplement basic amount; or (b) the following subparagraphs apply to the person: (i) the person is qualified for the telephone allowance because of the application of subsection 1061Q(3C), (3F) or (3G) to the person in relation to a social security payment the person has ceased to receive; (ii) immediately before the cessation of the payment, a pension supplement amount was used to work out the rate of the payment; (iii) that pension supplement amount was more than the person’s pension supplement basic amount; or (c) an election by the person under subsection 1061VA(1) is in force; or (d) the person is receiving energy supplement under Part 2.25B of this Act or Part VIIAD of the Veterans’ Entitlements Act; or (e) the person is receiving MRCA supplement under section 221 or 245 of the Military Rehabilitation and Compensation Act; or (f) the person is receiving veterans supplement
 under section 118B of the Veterans’ Entitlements Act; or (g) both: (i) the person is a member of a couple (other than an illness separated, temporarily separated or respite care couple); and (ii) the person’s partner is receiving veterans supplement under either subsection 118B(2) of the Veterans’ Entitlements Act or a determination under subsection 5R(1) of that Act.
Social Security Act 1991 329 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.25 Telephone allowance Division 1 Qualification for and payability of telephone allowance Section 1061R Note 1: Note 2: Note 3: Note 4: For the purposes of subparagraph (b)(i), subsections 1061Q(3C) and (3G) have an extended application (see subsections 1061Q(3D), (3E) and (3H)).
For member of a couple, illness separated couple, temporarily separated couple and respite care couple, see section 4.

Subsection 118B(2) of the Veterans’ Entitlements Act covers certain categories of World War I veterans.

The relevant determination under subsection 5R(1) of the Veterans’ Entitlements Act provides eligibility for veterans supplement to certain categories of World War I Australian mariners.
330 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Telephone allowance Part 2.25 Rate of telephone allowance Division 2 Section 1061S Division 2—Rate of telephone allowance 1061S Standard rate of telephone allowance (1) The rate of telephone allowance for a person to whom section 1061SB (increased rate for home internet) does not apply is worked out using the following Table: Standard rate of telephone allowance Column 1 Column 2 Item Person’s situation 1.
3.

4.
Not member of a couple Partnered (partner getting neither social security pension nor social security benefit), and partner not a holder of a seniors health card Column 3 Rate per year $88.00 $44.00 Partnered, and: (a) partner getting pension or benefit; $88.00 or (b) partner is a holder of a seniors health card; and: (c) partner is not getting telephone allowance; and (d) if the partner were taken to be qualified for telephone allowance, section 1061R would not prevent telephone allowance from being payable to the partner Social Security Act 1991 331 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.25 Telephone allowance Division 2 Rate of telephone allowance Section 1061S Standard rate of telephone allowance Column 1 Column 2 Item 5.
6.

7.

8.
Person’s situation Partnered, and: (a) partner getting pension or benefit; or (b) partner is a holder of a seniors health card; and: (c) partner is getting telephone allowance; or (d) if the partner were taken to be qualified for telephone allowance, section 1061R would prevent telephone allowance from being payable to the partner Member of an illness separated, temporarily separated or respite care couple Partnered, and: (a) partner not getting veterans supplement under section 118B of the Veterans’ Entitlements Act; and (b) partner not getting MRCA supplement under section 221 or 245 of the Military Rehabilitation and Compensation Act Partnered, and: (a) partner getting veterans supplement under section 118B of the Veterans’ Entitlements Act; or (b) partner getting MRCA supplement under section 221 or 245 of the Military Rehabilitation and Compensation Act Column 3 Rate per year $44.00 $88.00 $88.00 $44.00 9.
Partnered (partner in gaol) $88.00 332 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Telephone allowance Part 2.25 Rate of telephone allowance Division 2 Section 1061SA Note: The amounts in column 3 are indexed or adjusted annually in line with CPI increases (see sections 1191 to 1194).

(1A) Item 7 does not apply to a person if any other item applies to the person.
(2) If item 8 applies to a person, item 3 does not apply to the person.

(3A) For the purposes of working out a person’s rate of telephone allowance under subsection (1), the person’s partner is taken to be the holder of a seniors health card if the partner: (a) is temporarily absent from Australia for a continuous period not exceeding 6 weeks; and (b) was the holder of a seniors health card immediately before leaving Australia.
1061SA Increased rate of telephone allowance (1) The rate of telephone allowance for a person to whom section 1061SB (increased rate for home internet) applies is worked out using the following table: Increased rate of telephone allowance Column 1 Column 2 Item Person’s situation 1.

3.

4.
Not member of a couple Partnered (partner getting neither social security pension nor social security benefit), and partner not a holder of a seniors health card Column 3 Rate per year $132.00 $66.00 Partnered, and: (a) partner getting pension or benefit; $132.00 or (b) partner is a holder of a seniors health card; and: Social Security Act 1991 333 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.25 Telephone allowance Division 2 Rate of telephone allowance Section 1061SA Increased rate of telephone allowance Column 1 Column 2 Item Person’s situation Column 3 Rate per year 5.
6.

7.
(c) partner is not getting telephone allowance; and (d) if the partner were taken to be qualified for telephone allowance, section 1061R would not prevent telephone allowance from being payable to the partner Partnered, and: (a) partner getting pension or benefit; $66.00 or (b) partner is a holder of a seniors health card; and: (c) partner is getting telephone allowance at the increased rate; or (d) if the partner were taken to be qualified for telephone allowance, section 1061R would prevent telephone allowance from being payable to the partner Member of an illness separated, temporarily separated or respite care couple Partnered, and: (a) partner not getting veterans supplement under section 118B of the Veterans’ Entitlements Act; and (b) partner not getting MRCA supplement under section 221 or 245 of the Military Rehabilitation and Compensation Act $132.00 $132.00 8.
Partnered, and: $66.00 334 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Telephone allowance Part 2.25 Rate of telephone allowance Division 2 Section 1061SB Increased rate of telephone allowance Column 1 Column 2 Item Person’s situation Column 3 Rate per year (a) partner getting veterans supplement under section 118B of the Veterans’ Entitlements Act; or (b) partner getting MRCA supplement under section 221 or 245 of the Military Rehabilitation and Compensation Act Partnered (partner in gaol) Partnered (partner getting pension or benefit) and partner getting telephone allowance at the standard rate $132.00 $88.00 9.
10.

Note: The amounts in column 3 are indexed or adjusted annually in line with CPI increases (see sections 1191 to 1194).

(2) Item 7 does not apply to a person if any other item applies to the person.

(3) If item 8 applies to a person, item 3 does not apply to the person.
(5) For the purposes of working out a person’s rate of telephone allowance under subsection (1), the person’s partner is taken to be the holder of a seniors health card if the partner: (a) is temporarily absent from Australia for a continuous period not exceeding 6 weeks; and (b) was the holder of a seniors health card immediately before leaving Australia.
1061SB Increased rate of telephone allowance for home internet (1) This section applies to a person if the person satisfies the conditions in this section.

Note: A person is eligible for an increased rate of telephone allowance if this section applies to him or her: see section 1061SA.
Social Security Act 1991 335 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.25 Telephone allowance Division 2 Rate of telephone allowance Section 1061SB First condition (2) The first condition is that the person: (c) has reached pension age and is receiving an income support payment; or (d) is receiving a disability support pension or carer payment.
Second condition (3) The second condition is that an internet carriage service (within the meaning of the Broadcasting Services Act 1992) is connected in Australia either: (a) in the person’s name; or (b) if the person is a member of a couple (other than an illness separated, temporarily separated or respite care couple)—in the person’s partner’s name.

Third condition (4) The third condition is that the person is able to access that internet carriage service at the person’s principal home.
Fourth condition (5) The fourth condition is that, on or before the telephone allowance payday, the person gave oral or written notice to the Secretary about the connection of the internet carriage service mentioned in subsection (3).

Definition (6) In this section: telephone allowance payday has the same meaning as in subsection 48(4) of the Administration Act.
336 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Utilities allowance Part 2.25A Qualification for and payability of utilities allowance Division 1 Section 1061T Part 2.25A—Utilities allowance Division 1—Qualification for and payability of utilities allowance 1061T Qualification for utilities allowance (1) A person is qualified for utilities allowance if the person: (a) either: (i) has reached pension age and is receiving an income support payment; or (ii) is receiving a widow allowance, a partner allowance, a disability support pension or a carer payment; and (c) either: (i) is in Australia; or (ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks.
(2) Even though a person is qualified for utilities allowance, the allowance is not payable to the person: (a) if the person is receiving a social security payment for which a pension supplement amount is used to work out the rate of the payment, with a pension supplement amount that is more than the person’s pension supplement basic amount; or (b) if the person is receiving energy supplement under Part 2.25B; or (c) if an election by the person under subsection 1061VA(1) is in force.
1061TA When utilities allowance is payable (1) Utilities allowance is payable to a person in relation to each utilities allowance test day on which the person is qualified for the allowance.
Social Security Act 1991 337 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.25A Utilities allowance Division 1 Qualification for and payability of utilities allowance Section 1061TA (2) However, utilities allowance is not payable to the person in relation to that day if: (a) a service pension, income support supplement or a veteran payment is payable to the person on that day; or (b) energy supplement under Part VIIAD of the Veterans’ Entitlements Act is payable in relation to that day; or (c) before that day: (i) the person had elected not to be covered by this Part; and (ii) that election had not been withdrawn.
(3) In this section: utilities allowance test day means: (a) 20 March; and (b) 20 June; and (c) 20 September; and (d) 20 December.
338 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Utilities allowance Part 2.25A Rate of utilities allowance Division 2 Section 1061TB Division 2—Rate of utilities allowance 1061TB Rate of utilities allowance A person’s annual rate of utilities allowance is worked out using the following table: Utilities allowance rate table Column 1 Column 2 Item Person’s situation not a member of a couple member of an illness separated couple member of a respite care couple member of a temporarily separated couple member of a couple (other than an illness separated couple, respite care couple or temporarily separated couple) Column 3 Annual rate $500 $500 $500 $500 half the rate specified in column 3 of item 1 Note: The annual rates of utilities allowance are indexed twice a year in line with CPI increases (see sections 1191 to 1194).
Social Security Act 1991 339 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.25B Energy supplement Division 1 Qualification and payability Section 1061U Part 2.25B—Energy supplement Division 1—Qualification and payability 1061U Qualification for energy supplement (1) A person is qualified for energy supplement if the person is the holder of a seniors health card.
Exceptions (2) Subject to subsections (4), (6) and (8), subsection (1) applies to a person on or after the commencement of this subsection only if on 19 September 2016: (a) energy supplement was payable to the person under section 1061UA; or (b) energy supplement was payable to the person under section 118PA of the Veterans’ Entitlements Act.

Note: For subsection (1) to apply to the person on a day on or after that commencement, the person needs to be the holder of a seniors health card on that day.
(3) Subject to subsection (8), if: (a) energy supplement was payable to a person under section 1061UA, or under section 118PA of the Veterans’ Entitlements Act, on 19 September 2016; and (b) energy supplement ceases to be payable to the person under either of those sections on or after 20 September 2016; then subsection (1) of this section does not apply, and never again applies, to the person from: (c) if the cessation occurred before the commencement of this subsection—the start of the day this subsection commences; or (d) if the cessation occurred on or after the commencement of this subsection—the start of the day of that cessation.
(4) If: 340 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Energy supplement Part 2.25B Qualification and payability Division 1 Section 1061U (a) a person was not qualified for energy supplement under subsection (1) on 19 September 2016; and (b) on 19 September 2016 the person was receiving an income support payment where energy supplement was used to work out the rate of that payment; and (c) on a day (the cessation day) on or after the commencement of this subsection the person ceases to be in receipt of any income support payment; and (d) on the day before the cessation day the person was receiving an income support payment where energy supplement was used to work out the rate of that payment; and (e) the person is required to make a claim for a seniors health card in order for such a card to be granted to the person; the person can become qualified for energy supplement under subsection (1) only if the person makes a claim for a seniors health card within the period of 6 weeks beginning on the cessation day.
(5) Subject to subsection (8), if: (a) as a result of a claim mentioned in subsection (4), a seniors health card is issued to a person on a day; and (b) energy supplement ceases to be payable to the person under section 1061UA on or after that day; then subsection (1) of this section does not apply, and never again applies, to the person from the start of the day of that cessation.
(6) If: (a) a person was not qualified for energy supplement under subsection (1) on 31 December 2016; and (b) on that day, the person was receiving a social security pension and an amount of energy supplement was added to the rate of that pension; and (c) under subsection 1061ZJA(3) or (4), the Secretary issued a seniors health card to the person; the person can become qualified for energy supplement under subsection (1) of this section because of holding that card.
(7) Subject to subsection (8), if: Social Security Act 1991 341 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.25B Energy supplement Division 1 Qualification and payability Section 1061UA (a) as mentioned in paragraph (6)(c), a seniors health card is issued to a person on a day; and (b) energy supplement ceases to be payable to the person under section 1061UA on or after that day; then subsection (1) of this section does not apply, and never again applies, to the person from: (c) if the cessation occurred before the commencement of this subsection—the start of the day this subsection commences; or (d) if the cessation occurred on or after the commencement of this subsection—the start of the day of that cessation.
(8) If: (a) on a day on or after 20 September 2016 the person ceases to hold a seniors health card under the Administration Act or the Veterans’ Entitlements Act; and (b) on that day the person receives an income support payment where energy supplement is used to work out the rate of that payment; and (c) on a day (the cessation day) on or after the commencement of this subsection, the person ceases to be in receipt of any income support payment; and (d) on the day before the cessation day the person was receiving an income support payment where energy supplement was used to work out the rate of that payment; and (e) the person is required to make a claim for a seniors health card in order for such a card to be granted to the person; the person can become qualified for energy supplement under subsection (1) only if the person makes a claim for a seniors health card within the period of 6 weeks beginning on the cessation day.
1061UA When energy supplement is payable (1) Energy supplement is payable to a person in relation to each day on which the person is qualified for the supplement.
342 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Energy supplement Part 2.25B Qualification and payability Division 1 Section 1061UA (2) However, energy supplement is not payable to the person in relation to a day if: (a) before that day: (i) the person had elected not to be covered by this Part; and (ii) that election had not been withdrawn; or (b) subsection 55(5) (failing to nominate a bank account) of the Administration Act applies to the person.
Social Security Act 1991 343 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.25B Energy supplement Division 2 Rate of energy supplement Section 1061UB Division 2—Rate of energy supplement 1061UB Rate of energy supplement (1) If subsection (2) applies to the person on a day, the person’s daily rate of energy supplement, for that day, is 1/364 of the amount worked out using the following table: Energy supplement Item Person’s family situation Amount of energy supplement Not a member of a couple Partnered Member of an illness separated couple Member of a respite care couple Partnered (partner in gaol) $366.60 $275.60 $366.60 $366.60 $366.60 (2) This subsection applies to a person on a day if on that day the person is residing in Australia and either: (a) is in Australia; or (b) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks.
344 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Quarterly pension supplement Part 2.25C Section 1061V Part 2.25C—Quarterly pension supplement 1061V When this Part applies (1) This Part applies to a person if: (a) a pension supplement amount is used to work out the rate of the person’s social security payment (the main payment); and (b) the annual rate of that pension supplement amount is more than the person’s pension supplement basic amount.
Note: A pension supplement amount that is more than the person’s pension supplement basic amount contains a minimum component.

The person may elect under this Part to receive that minimum component on a quarterly basis as a separate social security payment.

(2) For the purposes of paragraph (1)(b), if the Rate Calculator for the main payment produces a fortnightly rate, then multiply the person’s pension supplement amount by 26 to get the annual rate of that pension supplement amount.
(3) For the purposes of subsection (1), it does not matter if the rate of the person’s main payment would become nil were an election by the person under subsection 1061VA(1) to come into force.

1061VA Quarterly pension supplement (1) The person may, in a manner or way approved by the Secretary, make an election to receive the person’s minimum pension supplement amount on a quarterly basis as a separate social security payment.

(2) An election comes into force as soon as practicable after it is made.
(2A) An election ceases to be in force if the main payment ceases to be payable to the person.

Social Security Act 1991 345 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.25C Quarterly pension supplement Section 1061VB (3) The person may, in a manner or way approved by the Secretary, revoke an election.

A revocation takes effect as soon as practicable after it happens.
(4) Quarterly pension supplement is payable to the person in relation to each day on which an election is in force.

1061VB Rate of quarterly pension supplement (1) The person’s annual rate of quarterly pension supplement is the person’s minimum pension supplement amount.

(2) The person’s daily rate of quarterly pension supplement is worked out by dividing the person’s annual rate by 364.

(3) This section has effect subject to subsection 1210(3).
346 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Fares allowance Part 2.26 Qualification for fares allowance Division 1 Section 1061ZAAA Part 2.26—Fares allowance Note: Section 19A contains many of the definitions that are relevant to the provisions of this Part.
Division 1—Qualification for fares allowance 1061ZAAA Qualification for fares allowance (1) A person is qualified for fares allowance for a journey by the person if: (a) during a period (the relevant period) that is the whole or a part of a study year the person undertakes an approved tertiary course (the approved course) at an educational institution in Australia (the relevant educational institution); and (b) during the relevant period the person is receiving one or more of the following forms of financial assistance: (i) youth allowance because the person satisfies the activity test byis undertaking full-time study; (ii) youth allowance where the only term of the relevant Youth Allowance Employment Pathway Planemployment pathway plan is a term to the effect that the person has to undertake an approved course of education or study under subsection 541B(5); (iii) austudy payment; (iv) pensioner education supplement; and (c) during the relevant period the person’s permanent home is in Australia; and (d) either: (i) subsection (2) or (3) applies in respect of the person for the study year; or (ii) subsection (4) or (5) applies in respect of the person in relation to the journey; and (e) either section 1061ZAAB or 1061ZAAC applies in respect of the journey; and Social Security Act 1991 347 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.26 Fares allowance Division 1 Qualification for fares allowance Section 1061ZAAA (f) the journey has been made or, if it has not been made, the Secretary is satisfied that: (i) the person intends to make the journey; and (ii) the person’s means of travel for the journey will be provided by a commercial operator.
Note: A person is taken to be receiving a form of financial assistance referred to in paragraph (b) even though the person has traded in, or traded back, the assistance to obtain a financial supplement.

(2) This subsection applies in respect of the person for the study year if, during the relevant period, the person: (a) has a partner, or a dependent child, living at the person’s permanent home; and (b) is required to live away from his or her permanent home in order to undertake the approved course.
(3) This subsection applies in respect of the person for the study year if, during the relevant period, the person is enrolled as an external student for the approved course.
(4) This subsection applies in respect of the person in relation to the journey if: (a) during the relevant period, the person: (i) is receiving youth allowance as referred to in subparagraph (1)(b)(i) or (ii); and (ii) is required to live away from home within the meaning of Part 3.5 (see section 1067D); and (b) the person is not independent when the journey is made.
(5) This subsection applies in respect of the person in relation to the journey if: (a) during the relevant period, the person: (i) is receiving youth allowance as referred to in subparagraph (1)(b)(i) or (ii); and (ii) is required to live away from home within the meaning of Part 3.5 (see section 1067D); and 348 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Fares allowance Part 2.26 Qualification for fares allowance Division 1 Section 1061ZAAB (b) during the study year and before the journey was made the person became independent because of subsection 1067A(4), (10) or (14); and (c) if the journey had been made in the study year before the person became independent, subsection (4) would have applied in respect of the person in relation to the journey.
Note: A person is not qualified for a fares allowance in respect of a journey made before the commencement of this section (see clause 126 of Schedule 1A).
1061ZAAB Journey by person who is not an external student If the person is enrolled for the approved course as a student other than an external student, this section applies in respect of a journey only if the journey is one of the following: (a) a journey from the person’s permanent home to the relevant educational institution to start the course; (b) a journey made, in the study year or before 1 April in the next year, from the relevant educational institution to the person’s permanent home after the person has finished or discontinued the course; (c) a return journey during the study year between the relevant educational institution and the person’s permanent home where the person: (i) has, during the study year and before the making of the journey, received one or more of the forms of financial assistance referred to in paragraph 1061ZAAA(1)(b) for a total period of 3 months (whether continuous or not); and (ii) is receiving one of those forms of financial assistance when the journey is made.
1061ZAAC Journey by person who is an external student If the person is enrolled for the approved course as an external student, this section applies only in respect of one return journey by the person during the study year between the person’s Social Security Act 1991 349 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.26 Fares allowance Division 1 Qualification for fares allowance Section 1061ZAAC permanent home and the relevant educational institution in order to attend the institution for a period under a requirement that is a compulsory component of the course.
350 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Fares allowance Part 2.26 Amount of fares allowance Division 3 Section 1061ZAAJ Division 3—Amount of fares allowance 1061ZAAJ Fares allowance for public transport (1) If the Secretary is satisfied that it is practicable for the person to make the entire journey by public transport, the amount of fares allowance for the entire journey is worked out using this section.
(2) If the Secretary is satisfied that it is practicable for the person to make part of the journey by public transport, the amount of fares allowance for that part of the journey is worked out using this section.

(3) The amount of fares allowance is the cost of making the journey, or the part of the journey, using a reasonable route and the least expensive form of public transport that is reasonable.

(4) The cost is to be based on the cost of any concessional fare available to the person.
(5) The cost of a sleeping berth is to be included only if it is reasonable for the person to travel by rail and for the person to have the berth.

(6) In deciding what is practicable or reasonable for the purposes of this section, the period of time needed for the entire journey, and any illness or incapacity of the person, must be taken into account.
(7) The amount of fares allowance to be paid is to be worked out using this section whether or not the person chooses to make the journey, or the part of the journey, in the way described in this section.

1061ZAAK Fares allowance for private transport (1) If the Secretary is satisfied that it is not practicable for the person to make any part of the journey by public transport, the amount of fares allowance for the entire journey is worked out using this section.
(2) If the Secretary is satisfied that it is not practicable for the person to make a part of the journey by public transport, the amount of Social Security Act 1991 351 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.26 Fares allowance Division 3 Amount of fares allowance Section 1061ZAAK fares allowance for that part of the journey is worked out using this section.
(3) If the person makes the journey, or the part of the journey, by taxi, the fares allowance is 63 cents per kilometre travelled by taxi.
(4) If the person makes the journey, or the part of the journey, by another vehicle, the fares allowance is worked out in accordance with the following table: Table of rates of allowance Item Kind of engine in the vehicle the person uses Capacity of the vehicle’s engine (cubic centimetres) Allowance per kilometre (cents) Rotary Rotary Rotary Not rotary Not rotary not more than 800 more than 800 but not more than 1,300 more than 1,300 not more than 1,600 more than 1,600 but not more than 2,600 Not rotary more than 2,600 50.0 60.0 61.0 50.0 60.0 61.0 (5) If the Secretary is satisfied that: (a) it is unreasonable for the person to make the journey or the part of the journey by taxi or another vehicle because of abnormal travel hazards (for example, bushfire or flood); and (b) the person makes the journey or the part of the journey by another form of transport that is reasonable because of the distance travelled and the cost of the transport; the amount of fares allowance for the journey or that part of the journey is the actual cost to the person of making the journey or that part of the journey.
352 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Fares allowance Part 2.26 Amount of fares allowance Division 3 Section 1061ZAAK (6) In deciding what is practicable or reasonable for the purposes of this section, the period of time needed for the entire journey, and any illness or incapacity of the person, must be taken into account.
(7) For the purposes of this section, a vehicle that is registered as a taxi in a State or Territory is to be taken to be a taxi only while it is used in the State or Territory.

(8) The Minister may, by legislative instrument, make determinations: (a) varying the amount referred to in subsection (3); or (b) amending the table in subsection (4) or omitting that table and substituting another table.
Social Security Act 1991 353 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.27 Northern Territory CDEP transition payment Division 1 Qualification for and payability of Northern Territory CDEP transition payment Section 1061ZAAL Part 2.27—Northern Territory CDEP transition payment Division 1—Qualification for and payability of Northern Territory CDEP transition payment Subdivision A—Qualification for Northern Territory CDEP transition payment 1061ZAAL Qualification for Northern Territory CDEP transition payment (1) A person is qualified for Northern Territory CDEP transition payment if: (a) on 23 July 2007, the person was eligible to participate in the CDEP Scheme under the criteria set out in paragraphs 6.1, 6.2 and 6.3 of CDEP Annexure B (see subsection (2)); and (b) on 23 July 2007, the person was recorded as active in CDEPManager; and (c) there is a transition day for the person (see section 1061ZAAM); and (d) during the period starting on 23 July 2007 and ending on the transition day for the person, the person did not cease to participate in the CDEP Scheme for a period of more than 12 consecutive weeks (disregarding any period during which the person was taking paid or unpaid leave approved by a CDEP Scheme provider); and (e) the person meets any other conditions specified in rules made for the purposes of this paragraph under section 1061ZAAW.
(2) The reference in paragraph (1)(a) to CDEP Annexure B is a reference to Annexure B to the CDEP Schedule of the 2007/2008 Commonwealth Programme Funding Agreement as in force on 23 July 2007.
354 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Northern Territory CDEP transition payment Part 2.27 Qualification for and payability of Northern Territory CDEP transition payment Division 1 Section 1061ZAAM Note: In 2007, the text of the annexure as in force on 23 July 2007 was accessible through the Australian Government website at www.workplace.gov.au.
1061ZAAM Northern Territory CDEP transition day (1) The Secretary may give a CDEP Scheme provider a written notice specifying the day on which the provider must stop making CDEP Scheme payments to or on behalf of persons participating in the CDEP Scheme in the Northern Territory.

(2) A notice under subsection (1) is not a legislative instrument.
(3) If the Secretary has given a CDEP Scheme provider a notice under subsection (1), the Secretary may, before the day specified in that notice, vary that notice by further written notice to the provider.
(4) The transition day for a person is the day specified in a notice given to a CDEP Scheme provider under this section, if: (a) at any time before the specified day, the person has been registered as active in CDEPManager so far as that system is maintained by that provider; and (b) between that time and the specified day, the person has not been registered as active in CDEPManager so far as that system is maintained by any other provider.
(5) However, if, apart from this subsection, a person would have more than one transition day, the transition day for the person is the earliest of the days that would otherwise have been transition days.
Subdivision B—Payability of Northern Territory CDEP transition payment 1061ZAAN Northern Territory CDEP transition payment only payable if certain claim criteria met Northern Territory CDEP transition payment is not payable to a person unless one of the following applies: Social Security Act 1991 355 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.27 Northern Territory CDEP transition payment Division 1 Qualification for and payability of Northern Territory CDEP transition payment Section 1061ZAAO (a) a claim made by the person for a social security benefit or a social security pension was granted before the transition day for the person and the benefit or pension had not been cancelled by the transition day; (b) a claim made by the person for a social security benefit or a social security pension before the transition day for the person had not been determined by the transition day; (c) on or after the transition day for the person, the person has made a claim for a social security benefit or a social security pension.
1061ZAAO Northern Territory CDEP transition payment not payable while CDEP Scheme payments being received Northern Territory CDEP transition payment is not payable to a person in respect of any period for which the person is receiving CDEP Scheme payments.
1061ZAAP Northern Territory CDEP transition payment not payable if rate too low Northern Territory CDEP transition payment is not payable to a person if the person’s fortnightly rate of Northern Territory CDEP transition payment under subsection 1061ZAAS(2) would be less than $5.
1061ZAAQ Northern Territory CDEP transition payment not payable if compliance penalty period applies Northern Territory CDEP transition payment is not payable to a person if a compliance penalty period applies in relation to the person.

Note: For compliance penalty period see subsection 23(1).
356 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Northern Territory CDEP transition payment Part 2.27 Qualification for and payability of Northern Territory CDEP transition payment Division 1 Section 1061ZAAR 1061ZAAR Northern Territory CDEP transition payment not payable from 1 July 2008 Northern Territory CDEP transition payment is not payable: (a) for a period that includes 1 July 2008—in respect of so much of the period as occurs on or after 1 July 2008; and (b) in respect of any period starting on or after 1 July 2008.
Social Security Act 1991 357 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.27 Northern Territory CDEP transition payment Division 2 Rate of Northern Territory CDEP transition payment Section 1061ZAAS Division 2—Rate of Northern Territory CDEP transition payment 1061ZAAS Rate of Northern Territory CDEP transition payment (1) The rate of a person’s Northern Territory CDEP transition payment is a daily rate, worked out by dividing the person’s fortnightly rate worked out under subsection (2) by 14.
(2) The person’s fortnightly rate is: (a) the excess (if any) of the amount in subparagraph (i) over the amount in subparagraph (ii): (i) the person’s pre-transition fortnightly income worked out under section 1061ZAAT; and (ii) the person’s post-transition fortnightly income worked out under section 1061ZAAU; or (b) if the Secretary considers that a person’s rate worked out under paragraph (a) is not appropriate in the person’s circumstances—the rate determined by the Secretary.
(3) In making a determination under this section, the Secretary must have regard to the guidelines (if any) set out in rules made for the purposes of this section under section 1061ZAAW.
1061ZAAT Pre-transition fortnightly income (1) For the purposes of subparagraph 1061ZAAS(2)(a)(i), a person’s pre-transition fortnightly income is the sum of: (a) the person’s average fortnightly income from CDEP Scheme payments during the period determined for the person by the Secretary under subsection (2); and (b) if the person was receiving a social security benefit on 23 July 2007—the person’s provisional fortnightly payment rate for the benefit; and (c) if the person was receiving a social security pension on 23 July 2007—the person’s provisional annual payment rate for the pension, expressed as a fortnightly rate; and 358 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Northern Territory CDEP transition payment Part 2.27 Rate of Northern Territory CDEP transition payment Division 2 Section 1061ZAAU (d) if the person received remote area allowance in respect of a fortnight that included 23 July 2007—the person’s remote area allowance for the fortnight; and (e) if the person received CDEP Scheme Participant Supplement under Division 3 of Part 3.15A in respect of a period that included 23 July 2007—$20.80.
(2) The Secretary must determine a period for a person for the purposes of paragraph (1)(a).

The period must not be more than 13 weeks and must end on 23 July 2007.
(3) Despite subsection (1), if the Secretary considers that a person’s pre-transition fortnightly income as worked out under that subsection would not be appropriate in the person’s circumstances, the person’s pre-transition fortnightly income is the amount determined by the Secretary (having regard to the person’s income as at 23 July 2007 from CDEP Scheme payments and any social security benefit or social security pension).
(4) In making a determination under this section, the Secretary must have regard to the guidelines (if any) set out in rules made for the purposes of this section under section 1061ZAAW.
1061ZAAU Post-transition fortnightly income (1) For the purposes of subparagraph 1061ZAAS(2)(a)(ii), a person’s post-transition fortnightly income is the sum of: (a) if the person is receiving a social security benefit on the relevant day—the person’s provisional fortnightly payment rate for the benefit; and (b) if the person is receiving a social security pension on the relevant day—the person’s provisional annual payment rate for the pension, expressed as a fortnightly rate; and (c) if the person is receiving remote area allowance in respect of a period that includes the relevant day—the person’s remote area allowance for the period.
(2) The relevant day for the purposes of subsection (1) is: Social Security Act 1991 359 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2 Pensions, benefits and allowances Part 2.27 Northern Territory CDEP transition payment Division 2 Rate of Northern Territory CDEP transition payment Section 1061ZAAV (a) the start day for the person’s Northern Territory CDEP transition payment; or (b) a later day determined by the Secretary.
(3) Despite subsection (1), if the Secretary considers that a person’s post-transition fortnightly income as worked out under that subsection would not be appropriate in the person’s circumstances, the person’s post-transition fortnightly income is the amount determined by the Secretary.

(4) In making a determination under this section, the Secretary must have regard to the guidelines (if any) set out in rules made for the purposes of this section under section 1061ZAAW.
1061ZAAV Maximum rate of Northern Territory CDEP transition payment The maximum fortnightly rate of Northern Territory CDEP transition payment under subsection 1061ZAAS(2) is $794.80.
360 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Pensions, benefits and allowances Chapter 2 Northern Territory CDEP transition payment Part 2.27 Miscellaneous Division 3 Section 1061ZAAW Division 3—Miscellaneous 1061ZAAW Northern Territory CDEP transition payment rules (1) The Secretary may, by legislative instrument, make rules in relation to any or all of the following: (a) any matters required or permitted by this Part to be set out in rules; (b) qualification for, and payability and rate of, Northern Territory CDEP transition payment; (c) any other matters in relation to Northern Territory CDEP transition payment.
(2) Rules made for the purposes of paragraph (1)(b) may impose requirements or limitations additional to the requirements or limitations imposed under this Part.
Social Security Act 1991 361 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2A Benefits and concessions other than payments Part 2A.1 Concession cards Division 1 Qualification for, and issue of, pensioner concession card Section 1061ZA Chapter 2A—Benefits and concessions other than payments Part 2A.1—Concession cards Division 1—Qualification for, and issue of, pensioner concession card 1061ZA General qualification rules (1) Subject to subsection (3), a person is qualified for a pensioner concession card on a day if a social security pension is payable to the person for that day.
(1A) Paragraph (1)(a) does not apply to a carer payment payable to the person because the person is qualified for that payment for that day under section 197G or 197H or subsection 198AA(4) or (5) (whether or not because of section 197F).
(1B) Subject to subsection (3), a person is qualified for a pensioner concession card on a day if: (a) immediately before 1 January 2017, the person was receiving a social security pension; and (b) the Secretary is satisfied that the rate of that pension was nil on 1 January 2017 because of the operation of the amendments made by Part 1 of Schedule 3 to the Social Services Legislation Amendment (Fair and Sustainable Pensions) Act 2015; and (c) the person is not otherwise qualified for a pensioner concession card on that day.
(2) Subject to subsection (3), a person is qualified for a pensioner concession card on a day (the qualification day) if, on that day: (a) the person has attained 60 years of age; and (b) the person is receiving: (i) jobseeker payment; or 362 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Benefits and concessions other than payments Chapter 2A Concession cards Part 2A.1 Qualification for, and issue of, pensioner concession card Division 1 Section 1061ZA (ii) partner allowance; or (iii) widow allowance; or (iv) benefit PP (partnered); or (vi) special benefit; and (c) the person has been receiving, for a continuous period of not less than 39 weeks ending immediately before the qualification day: (i) one or more of the social security benefits referred to in paragraph (b); or (ii) a social security pension.
(2A) Subject to subsection (3), a person is qualified for a pensioner concession card on a day if, on that day: (a) the person is receiving a youth allowance; and (b) the person is not undertaking full-time study and is not a new apprentice; and (c) the person: (i) has a partial capacity to work; or (ii) is the principal carer of at least one child and is not a member of a couple.

Note 1: For undertaking full-time study see section 541B.

Note 2: For new apprentice see subsection 23(1).


Note 3: For partial capacity to work see section 16B.

Note 4: For principal carer see subsections 5(15) to (24).

See also subsection (2C) of this section.


(2B) Subject to subsection (3), a person is qualified for a pensioner concession card on a day if, on that day: (a) the person is receiving a jobseeker payment; and (b) the person: (i) has a partial capacity to work; or (ii) is the principal carer of at least one child and is not a member of a couple; and (c) the person is not qualified for a pensioner concession card under subsection (2).
Social Security Act 1991 363 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2A Benefits and concessions other than payments Part 2A.1 Concession cards Division 1 Qualification for, and issue of, pensioner concession card Section 1061ZA Note 1: For partial capacity to work see section 16B.

Note 2: For principal carer see subsections 5(15) to (24).

See also subsection (2C) of this section.


(2C) If a person is the principal carer of a child who dies, the person is taken, for the purposes of subparagraphs (2A)(c)(ii) and (2B)(b)(ii), to continue to be the principal carer of the child during the period of 14 weeks that starts on the day of the child’s death.
(2D) Subject to subsection (3), a person is qualified for a pensioner concession card on a day if, on that day: (a) the person is receiving a benefit PP (partnered); and (b) the person has a partial capacity to work; and (c) the person is not qualified for a pensioner concession card under subsection (2).

Note: For partial capacity to work see section 16B.
(2E) Subject to subsection (3), a woman is qualified for a pensioner concession card on a day if, on that day: (a) the woman is receiving a jobseeker payment; and (b) the woman’s jobseeker payment rate is worked out under section 654.

(3) Subject to subsections (4) and (5), subsections (1), (1B), (2), (2A), (2B), (2D) and (2E) only apply to a person in relation to a day on which the person is in Australia and is an Australian resident.
Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 6 weeks (see Division 4).
(4) In spite of subsection (3), subsections (1), (2), (2A), (2B) and (2D) apply to a person in relation to a day on which the person: (a) is in Australia; and (b) is receiving a social security pension or benefit solely because of the operation of the scheduled international social security agreement between Australia and New Zealand.
364 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Benefits and concessions other than payments Chapter 2A Concession cards Part 2A.1 Qualification for, and issue of, pensioner concession card Division 1 Section 1061ZC Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 6 weeks (see Division 4).
(5) In spite of subsection (3), if: (a) paragraphs (1B)(a), (b) and (c) are satisfied in relation to a person; and (b) the person was receiving the social security pension immediately before 1 January 2017 solely because of the operation of the scheduled international social security agreement between Australia and New Zealand; subsection (1B) applies to a person in relation to a day on which the person is in Australia.
Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 6 weeks (see Division 4).
1061ZC Extended qualification rule: long-term recipient of social security benefits (1) Subject to subsection (2), if: (a) a person has been receiving a social security benefit referred to in paragraph 1061ZA(2)(b) for a continuous period of not less than 39 weeks; and (b) either: (i) the person or the person’s partner commences employment; or (ii) there is an increase in the ordinary income of the person or the person’s partner from employment; and (c) but for the commencement of employment or increase in ordinary income, as the case may be, the person would have been, or would have continued to be, qualified for a pensioner concession card under subsection 1061ZA(2); and (ca) the person did not become qualified under section 1061ZEB for a pensioner concession card because of that employment or increase in ordinary income; the person is qualified for a pensioner concession card: Social Security Act 1991 365 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2A Benefits and concessions other than payments Part 2A.1 Concession cards Division 1 Qualification for, and issue of, pensioner concession card Section 1061ZC (d) if the person is qualified for a pensioner concession card under section 1061ZEA until a particular day—for the period of 26 weeks after that day; and (e) in any other case—for the period of 26 weeks after the commencement or increase, as the case may be.
(1A) If: (a) either: (i) the person first referred to in subsection (1) commences employment; or (ii) there is an increase in the ordinary income from employment of the person so referred to; and (b) at the start of the instalment period of the person in which the commencement or increase occurs: (i) the person is a working credit participant; and (ii) the person’s working credit balance is greater than nil; and (c) the balance is subsequently reduced to nil because of the commencement or increase; and (d) the person is not qualified for a pensioner concession card under section 1061ZEA; paragraph (1)(e) has effect as if the reference to 26 weeks after the commencement or increase were a reference to 26 weeks after the day on which the balance is reduced to nil.
(1B) If: (a) either: (i) the partner of the person first referred to in subsection (1) commences employment; or (ii) there is an increase in the ordinary income from employment of the partner of the person so referred to; and (b) at the start of the instalment period of the partner in which the commencement or increase occurs: (i) the partner is a working credit participant or a person to whom the student income bank applies; and 366 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Benefits and concessions other than payments Chapter 2A Concession cards Part 2A.1 Qualification for, and issue of, pensioner concession card Division 1 Section 1061ZC (ii) the partner’s working credit balance or student income bank balance is greater than nil; and (c) the balance is subsequently reduced to nil because of the commencement or increase; and (d) the person is not qualified for a pensioner concession card under section 1061ZEA; paragraph (1)(e) has effect as if the reference to 26 weeks after the commencement or increase were a reference to 26 weeks after the day on which the balance is reduced to nil.
(1C) If the person: (a) is qualified for a pensioner concession card under section 1061ZEA until a particular day; and (b) has, immediately before becoming so qualified, been receiving a social security benefit referred to in paragraph 1061ZA(2)(b) for a continuous period of less than 39 weeks; the person is taken, for the purpose of the reference in paragraph (1)(a) to a continuous period of not less than 39 weeks, to be receiving the benefit until the particular day.
(2) Subject to subsection (4), subsection (1) (including that subsection as modified by subsection (1A), (1B) or (1C)) only applies to a person while the person is in Australia and is an Australian resident.

Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 6 weeks (see Division 4).
(3) If, during the period of 26 weeks referred to in subsection (1) (including that subsection as modified by subsection (1A) or (1B)), a person receives an instalment of a social security pension that relates to one or more days within that period, the person is not qualified under this section for a pensioner concession card on the day or days in relation to which the person receives the instalment.
Social Security Act 1991 367 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2A Benefits and concessions other than payments Part 2A.1 Concession cards Division 1 Qualification for, and issue of, pensioner concession card Section 1061ZD (4) In spite of subsection (2), subsection (1) (including that subsection as modified by subsection (1A), (1B) or (1C)) applies to a person when: (a) the person is in Australia; and (b) the social security benefit that the person had been receiving was received solely because of the operation of the scheduled international agreement between Australia and New Zealand.
Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 6 weeks (see Division 4).

1061ZD Extended qualification rule: former recipient of disability support pension (1) Subject to subsections (5), (5A) and (7), a person is qualified for a pensioner concession card for the period of 52 weeks starting on the day on which this section begins to apply to the person.
(2) Subject to subsection (4), this section applies to a person if: (a) the person has been receiving a disability support pension; and (b) the person commences employment that requires him or her to work for at least 30 hours per week; and (c) because of the commencement of that employment, the person ceases (having regard, where appropriate, to the operation of section 1073J) to be qualified for the disability support pension.
(3) Subject to subsection (4), this section applies to a person if: (a) the person has been receiving a disability support pension; and (b) because there is an increase in the person’s ordinary income from employment (and after any working credit balance of the person is reduced to nil), the disability support pension ceases to be payable to the person.

(4) Subject to subsection (6), this section only applies to a person while the person is in Australia and is an Australian resident.
368 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Benefits and concessions other than payments Chapter 2A Concession cards Part 2A.1 Qualification for, and issue of, pensioner concession card Division 1 Section 1061ZD Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 6 weeks (see Division 4).
(5) If, during the period of 52 weeks referred to in subsection (1), a person receives an instalment of a social security pension that relates to one or more days within that period, the person is not qualified under this section for a pensioner concession card on the day or days in relation to which the person receives the instalment.
(5A) If, during the period of 52 weeks referred to in subsection (1), a person receives an instalment of: (a) a youth allowance while subsection 1061ZA(2A) applies to the person; or (b) a jobseeker payment while subsection 1061ZA(2B) applies to the person; or (c) a benefit PP (partnered) while subsection 1061ZA(2D) applies to the person; that relates to one or more days within that period, the person is not qualified under this section for a pensioner concession card on the day or days in relation to which the person receives the instalment.
(6) In spite of subsection (4), this section applies to a person in relation to a day if: (a) the person is in Australia on that day; and (b) the disability support pension that the person had been receiving was received solely because of the operation of the scheduled international agreement between Australia and New Zealand.

Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 6 weeks (see Division 4).
(7) This section does not apply in any case where a person is qualified for a pensioner concession card under section 1061ZEB.
Social Security Act 1991 369 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2A Benefits and concessions other than payments Part 2A.1 Concession cards Division 1 Qualification for, and issue of, pensioner concession card Section 1061ZDA 1061ZDA Extended qualification rule: former recipient of pension PP (single) (1) If: (a) a pension PP (single) has been payable to a person; and (b) the person ceases to be qualified for that payment because, on a day, the person’s youngest child turns 8; and (c) apart from this subsection, the person would cease to be qualified for a pensioner concession card on that day; then, subject to subsections (2) and (3), the person is qualified for a pensioner concession card for the period of 12 weeks starting on that day.
Other qualification for pensioner concession card (2) If, during that 12-week period, the person receives an instalment of: (a) a youth allowance while subsection 1061ZA(2A) applies to the person; or (b) a jobseeker payment while subsection 1061ZA(2B) applies to the person; or (c) a benefit PP (partnered) while subsection 1061ZA(2D) applies to the person; or (d) a social security pension; that relates to one or more days within that period, the person is not qualified under this section for a pensioner concession card on the day or days in relation to which the person receives the instalment.
Person must be in Australia (3) Subject to subsection (4), this section only applies to a person while the person is in Australia and is an Australian resident.

Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 6 weeks (see Division 4).
(4) Despite subsection (3), this section applies to a person in relation to a day if: 370 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Benefits and concessions other than payments Chapter 2A Concession cards Part 2A.1 Qualification for, and issue of, pensioner concession card Division 1 Section 1061ZEA (a) the person is in Australia on that day; and (b) the pension PP (single) that had been payable to the person was payable solely because of the operation of the scheduled international agreement between Australia and New Zealand.
Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 6 weeks (see Division 4).

1061ZEA Further extended qualification rule: loss of payment because of employment income (1) This section does not apply in any case where a person is qualified for a pensioner concession card under section 1061ZD, 1061ZDA or 1061ZEB.
(2) If: (a) a person is receiving a social security pension or a social security benefit; and (b) the person’s rate of payment of the pension or benefit is worked out with regard to the income test module of a rate calculator in Chapter 3; and (d) the person is qualified for a pensioner concession card; and (e) the person or the person’s partner has employment income; and (f) a payment mentioned in subsection 1061ZA(1) ceases to be payable to the person or the person ceases to receive a payment mentioned in subsection 1061ZA(2), (2A), (2B) or (2D): (i) if paragraph (e) applies to the person—because of the employment income of the person (either alone or in combination with any other ordinary income earned, derived or received, or taken to have been earned, derived or received, by the person); or (ii) if paragraph (e) applies to the partner—because of the employment income of the partner (either alone or in combination with any other ordinary income earned, Social Security Act 1991 371 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2A Benefits and concessions other than payments Part 2A.1 Concession cards Division 1 Qualification for, and issue of, pensioner concession card Section 1061ZEA derived or received, or taken to have been earned, derived or received, by the partner); and (g) but for the employment income, or the combined income, referred to in paragraph (f), the person would have been, or would have continued to be, qualified for a pensioner concession card:
 (i) under subsection 1061ZA(1)—because the payment referred to in that subsection would have continued to be payable to the person; or (ii) under subsection 1061ZA(2), (2A), (2B) or (2D)— because the person would have continued to receive the payment referred to in that subsection; and (ga) the person: (ii) in the case of a person to whom pension PP (single) ceases to be payable, or who ceases to receive benefit PP (partnered)—continues, but for the requirement to have at least one PP child, to be qualified
 for that pension or benefit; and (iia) in the case of a person who is a principal carer of a child and who ceases to receive youth allowance—continues, but for the fact that one or both of paragraphs 540(1)(a) and (c) no longer applyparagraph 540(1)(a) no longer applies to the person, to be qualified for youth allowance; and (iib) in the case of a person who is a principal carer of a child and who ceases to receive jobseeker payment— continues, but for the fact that one or more of paragraphs 593(1)(a) to (f)either or both of paragraphs 593(1)(a) and (b) no longer apply to the person, to be qualified for jobseeker payment; and (iii) in any other case—continues to be qualified for the payment referred to in section 1061ZA; the person is qualified for a pensioner concession card until: (h) 12 weeks after the end of the instalment period in which the payment ceases to be payable to the person or the person ceases to receive the payment, as the case requires; or 372 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Benefits and concessions other than payments Chapter 2A Concession cards Part 2A.1 Qualification for, and issue of, pensioner concession card Division 1 Section 1061ZEA (j) the day the person would cease to be qualified for a pensioner concession card as mentioned in paragraph (g) for a reason other than the employment income, or the combined income, referred to in paragraph (f); or (k) the day the person ceases to be qualified as mentioned in paragraph (ga); whichever happens first.
Note: For principal carer see subsections 5(15) to (24).

See also subsection (2A) of this section.

(2A) If a person is the principal carer of a child who dies, the person is taken, for the purposes of subparagraphs (2)(ga)(iia) and (iib), to continue to be the principal carer of the child during the period of 14 weeks that starts on the day of the child’s death.

(3) Subject to subsection (5), subsection (2) only applies to a person while the person is in Australia and is an Australian resident.
Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 6 weeks (see Division 4).
(4) If, during the period of 12 weeks referred to in subsection (2), a person receives an instalment of social security pension that relates to one or more days within that period, the person is not qualified under this section for a pensioner concession card on the day or the days in relation to which the person receives the instalment.
(5) In spite of subsection (3), subsection (2) applies to a person when: (a) the person is in Australia; and (b) the social security pension or the social security benefit that the person had been receiving was received solely because of the operation of the scheduled international agreement between Australia and New Zealand.

Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 6 weeks (see Division 4).
Social Security Act 1991 373 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2A Benefits and concessions other than payments Part 2A.1 Concession cards Division 1 Qualification for, and issue of, pensioner concession card Section 1061ZEB 1061ZEB Extended qualification rule: persons with a partial capacity to work (1) A person is qualified for a pensioner concession card for the period of 52 weeks starting on the day on which this section begins to apply to the person.
(2) Subject to subsection (3), this section applies to a person if: (a) either: (i) the person has been receiving a youth allowance while the person was not undertaking full-time study and was not a new apprentice; or (ii) the person has been receiving a jobseeker payment; or (iii) the person has been receiving parenting payment; and (b) because there is an increase in the person’s ordinary income from employment (and after any working credit balance of the person is reduced to nil), the youth allowance, jobseeker payment or parenting payment ceases to be payable to the person; and (c) at the time of the cessation the person: (i) was qualified for a pensioner concession card under subsection 1061ZA(2A), (2B) or (2D); or (ii) was qualified for a pensioner concession card under subsection 1061ZA(1) because a pension PP (single) was payable to the person; and (d) at the time of the cessation the person had a partial capacity to work.
Note 1: For undertaking full-time study see section 541B.

Note 2: For new apprentice see subsection 23(1).

Note 3: For partial capacity to work see section 16B.

(3) This section only applies to a person while the person is in Australia and is an Australian resident.

Note: If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 6 weeks (see Division 4).
374 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Benefits and concessions other than payments Chapter 2A Concession cards Part 2A.1 Qualification for, and issue of, pensioner concession card Division 1 Section 1061ZEC (4) If, during the period of 52 weeks referred to in subsection (1), a person receives an instalment of: (a) a youth allowance while subsection 1061ZA(2A) applies to the person; or (b) a jobseeker payment while subsection 1061ZA(2B) applies to the person; or (ba) a benefit PP (partnered) while subsection 1061ZA(2D) applies to the person; or (c) a social security pension; that relates to one or more days within that period, the person is not qualified under this section for a pensioner concession card on the day or days in relation to which the person receives the instalment.
1061ZEC Effect of compliance penalty periods (1) For the purposes of this Division, a social security payment is taken to be payable to a person if the payment would be payable to the person except for the application of a compliance penalty period.

Note: For compliance penalty period see subsection 23(1).
(2) For the purposes of this Division, a social security payment is taken to have ceased to be payable to a person if: (a) the payment would have ceased to be payable to the person if the payment had been payable to the person; and (b) the payment was not payable to the person because of the application of a compliance penalty period.

Note: For compliance penalty period see subsection 23(1).
(3) In this section: (a) a reference to a social security payment being payable to a person includes, in appropriate cases, a reference to the person receiving the payment; and (b) a reference to a social security payment ceasing to be payable to a person includes, in appropriate cases, a reference to the person ceasing to receive the payment.
Social Security Act 1991 375 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2A Benefits and concessions other than payments Part 2A.1 Concession cards Division 1 Qualification for, and issue of, pensioner concession card Section 1061ZF 1061ZF Issue of pensioner concession card The Secretary must issue a pensioner concession card to a person who is qualified for such a card.
376 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Benefits and concessions other than payments Chapter 2A Concession cards Part 2A.1 Qualification for seniors health card Division 2 Section 1061ZG Division 2—Qualification for seniors health card 1061ZG Qualification rules (1) Subject to subsection (2) and sections 1061ZJA and 1061ZJB, a person is qualified for a seniors health card on a day if, on that day, the person: (a) has reached pension age; and (b) is an Australian resident or a special category visa holder residing in Australia; and (c) is in Australia; and (d) satisfies the seniors health card income test; and (e) is not receiving a social security pension or benefit; and (f) is not receiving a service pension, income support supplement or a veteran payment; and (g) is not subject to a newly arrived resident’s waiting period.
Note: If the person is temporarily absent from Australia, the person continues to be qualified for a seniors health card for a maximum period of up to 19 weeks (see Division 4).
(2) A person is not qualified for a seniors health card on a day if: (a) the person has failed to comply with section 1061ZJ in respect of the reference tax year; or (aa) on that day the person is the holder of a seniors health card under the Veterans’ Entitlements Act; or (b) where the person made an estimate of taxable income for the reference tax year and the estimate was accepted—the person did not give the Secretary a copy of a notice of assessment of the person’s taxable income for that tax year within 52 weeks after the end of that tax year.
Note: If a person is qualified for a seniors health card, the Secretary must not make a determination granting a claim for the card in certain circumstances if the Secretary makes a request under subsection 75(2) or (3) of the Administration Act of the person (about providing tax file numbers): see subsection 77(1) of that Act.
(3) In subsection (2): Social Security Act 1991 377 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2A Benefits and concessions other than payments Part 2A.1 Concession cards Division 2 Qualification for seniors health card Section 1061ZH reference tax year has the same meaning as in the Seniors Health Card Income Test Calculator.
1061ZH Newly arrived resident’s waiting period (1) Subject to this section, for the purposes of this Division, a person who: (a) has entered Australia; and (b) has not been both: (i) an Australian resident or a special category visa holder residing in Australia; and (ii) in Australia; for a period of, or for periods totalling, 208 weeks; is subject to a newly arrived resident’s waiting period.

(2) Subsection (1) does not apply to a person who has a qualifying residence exemption for a seniors health card.
Note: For qualifying residence exemption in relation to a seniors health card, see paragraph 7(6AA)(f).
(3) Subsection (1) does not apply to a person if: (a) the person is a refugee, or a former refugee, at the time the person made the claim for a seniors health card; or (b) the following apply: (i) before the person made the claim for a seniors health card, the person was a family member of another person at the time the other person became a refugee; (ii) the person is a family member of that other person at the time the person made the claim for a seniors health card or, if that other person has died, the person was a family member of that other person immediately before that other person died; or (c) the person is an Australian citizen at the time the person made the claim for a seniors health card.
(4) For the purposes of subsection (3): 378 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Benefits and concessions other than payments Chapter 2A Concession cards Part 2A.1 Qualification for seniors health card Division 2 Section 1061ZI (a) family member has the meaning given by subsection 7(6D); and (b) former refugee has the meaning given by subsection 7(1); and (c) refugee has the meaning given by subsection 7(6B).
1061ZI Duration of newly arrived resident’s waiting period If a person is subject to a newly arrived resident’s waiting period, the period: (a) starts on the day on which the person first became an Australian resident or a special category visa holder residing in Australia; and (b) ends when the person has been both: (i) an Australian resident or a special category visa holder residing in Australia; and (ii) in Australia; for a period of, or for periods totalling, 208 weeks.
1061ZJ Giving of copy of assessment of taxable income to Secretary If a person who is the holder of a seniors health card receives a notice of assessment or amended assessment of his or her taxable income for a particular tax year, the person must, if requested by the Secretary to do so, give a copy of the notice to the Secretary within 13 weeks after the day on which the notice was received.
1061ZJA Modifications if person’s rate of social security pension is nil on 1 January 2017 (1) This section applies in relation to a person if: (a) immediately before 1 January 2017, the person was receiving a social security pension; and (b) the Secretary is satisfied that the rate of that pension is nil on 1 January 2017 because of the operation of the amendments made by Part 1 of Schedule 3 to the Social Services Social Security Act 1991 379 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2A Benefits and concessions other than payments Part 2A.1 Concession cards Division 2 Qualification for seniors health card Section 1061ZJB Legislation Amendment (Fair and Sustainable Pensions) Act 2015.
Seniors health card income test does not apply (2) In determining whether the person is qualified for a seniors health card at any time on or after 1 January 2017, paragraph 1061ZG(1)(d) does not apply to the person.

Automatic issue of seniors health card (3) If the person is qualified for a seniors health card on 1 January 2017, the Secretary must issue a seniors health card to the person.

Note: The person does not need to make a claim for the card.
(4) If: (a) on 1 January 2017, the person is outside Australia; and (b) the person returns to Australia before the end of the period of 19 weeks beginning on the day the person left Australia; and (c) the person is qualified for a seniors health card on the day the person returns to Australia; the Secretary must issue a seniors health card to the person.

Note 1: The person does not need to make a claim for the card.
Note 2: If the person returns to Australia after the end of that 19-week period, the person will need to make a claim for a seniors health card.

1061ZJB Other modifications because of Veterans’ Entitlements Act If section 118XA of the Veterans’ Entitlements Act applies in relation to a person, then, in determining whether the person is qualified for a seniors health card under this Division at any time on or after 1 January 2017, paragraph 1061ZG(1)(d) does not apply to the person.
380 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Benefits and concessions other than payments Chapter 2A Concession cards Part 2A.1 Qualification for health care card Division 3 Section 1061ZK Division 3—Qualification for health care card Subdivision A—Qualification for automatic issue health care card 1061ZK Qualification: general rules (1) A person is qualified for a health care card on a day if this section applies to the person on that day.
(2) This section applies to a child on a day if a person is qualified under Part 2.19 for carer allowance for the child on that day.
(3) This section applies to a disabled child on a day if all of the following paragraphs are satisfied on that day: (a) the child is or would, but for subsection 5(3), be a dependent child of another person (the carer); (b) because of his or her disability, the child needs, on a daily basis, a level of care and attention that is substantially more than that needed by a person of the same age who does not have a physical, intellectual or psychiatric disability; (c) the child receives care and attention on a daily basis from: (i) if the carer is a member of a couple—the carer, the carer’s partner or the carer together with another person (whether or not the carer’s partner); or (ii) if the carer is not a member of a couple—the carer or the carer together with another person; (d) that care and attention is received in a private home that is the residence of the child and the carer; (e) the carer satisfies the carer allowance income test under section 957A.
(3A) This section applies to a person on a day if a person is qualified under section 197G or 197H or subsection 198AA(4) or (5) (whether or not because of section 197F) for a carer payment on that day.
(4) This section applies to a person on a day if, on that day: Social Security Act 1991 381 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2A Benefits and concessions other than payments Part 2A.1 Concession cards Division 3 Qualification for health care card Section 1061ZK (a) the person is entitled, under the Family Assistance Administration Act, to be paid family tax benefit by instalment; and (b) the person’s daily rate of family tax benefit consists of, or includes, a Part A rate calculated under Part 2 or 3A of Schedule 1 to the Family Assistance Act that is greater than nil (disregarding reductions (if any) under clause 5 of that Schedule); and (c) the person’s income excess for the purposes of Division 2C of Part 5 of Schedule 1 to the Family Assistance Act is nil.
(4A) This section applies to a person on a day if, on that day: (a) the person has a regular care child; and (b) the person is not entitled, under the Family Assistance Administration Act, to be paid family tax benefit by instalment; and (c) the person’s income excess for the purposes of Division 2C of Part 5 of Schedule 1 to the Family Assistance Act is nil.
(5) This section applies to a person (other than a person who is qualified for a pensioner concession card because of subsection 1061ZA(2A), (2B), (2D) or (2E)) on a day if on that day the person is receiving: (a) a youth allowance; or (b) an austudy payment; or (c) a jobseeker payment; or (d) a partner allowance; or (e) a widow allowance; or (f) benefit PP (partnered); or (h) special benefit.
(6) This section applies to a person on a day if on that day: (a) the person is receiving a payment under the ABSTUDY Scheme that includes an amount identified as living allowance, where the person satisfies the eligibility criteria for that payment; or 382 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Benefits and concessions other than payments Chapter 2A Concession cards Part 2A.1 Qualification for health care card Division 3 Section 1061ZM (b) another person, on behalf of the person, is receiving a payment under the ABSTUDY Scheme that includes an amount identified as living allowance.
(7) This section applies to a person on a day if, on that day, the person is receiving mobility allowance.

(8) In this section: disabled child means a person aged under 16 who: (a) has a physical, intellectual or psychiatric disability; and (b) is likely to suffer from that disability permanently or for an extended period.

(9) This section has effect subject to section 1061ZN.
1061ZM Qualification for health care card: employment-affected person (1) Subject to subsection (2), if: (a) either: (i) a person who is an employment-affected person or the partner of such a person commences employment; or (ii) there is an increase in the ordinary income from employment of a person who is an employment-affected person or the partner of such a person; and (b) because either: (i) the person or the partner commences employment; or (ii) there is an increase in the ordinary income of the person or the partner from employment; the person ceases to be an employment-affected person; and (c) the person has been a qualified recipient for a continuous period of 52 weeks immediately before so ceasing; the person is qualified for a health care card for the period of 26 weeks starting on the day on which the person ceases to be an employment-affected person.
Social Security Act 1991 383 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2A Benefits and concessions other than payments Part 2A.1 Concession cards Division 3 Qualification for health care card Section 1061ZM (1A) If the person is qualified for a health care card under section 1061ZMA until a day (the particular day), subsection (1) has effect as if the reference to 26 weeks starting on the day on which the person ceases to be an employment-affected person were a reference to 26 weeks starting on the particular day.
(1B) If the person: (a) was an employment-affected person because of receiving pension PP (single); and (b) is qualified for a pensioner concession card under section 1061ZEA until a day (the particular day); subsection (1) has effect as if the reference to the period of 26 weeks starting on the day on which the person ceases to be an employment-affected person were a reference to the period starting on the particular day and ending 26 weeks after the person ceases to be an employment-affected person.
(1BA) If the person: (a) was an employment-affected person because of receiving youth allowance or jobseeker payment; and (b) was, on the day on which the person ceased to be an employment-affected person, the principal carer of at least one child; and (c) is qualified for a pensioner concession card under section 1061ZEA until a day (the particular day); subsection (1) has effect as if the reference to the period of 26 weeks starting on the day on which the person ceases to be an employment-affected person were a reference to the period starting on the particular day and ending 26 weeks after the person ceases to be an employment-affected person.
Note: For principal carer see subsections 5(15) to (24).
(1C) If the person: (a) is qualified for a health care card under section 1061ZMA until a particular day; and (b) has, immediately before the commencement or increase mentioned in subsection (1), been a qualified recipient 384 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Benefits and concessions other than payments Chapter 2A Concession cards Part 2A.1 Qualification for health care card Division 3 Section 1061ZM because of receiving jobseeker payment, widow allowance, partner allowance or youth allowance, other than while undertaking full-time study or being a new apprentice, for a continuous period of less than 52 weeks; the person is taken, for the purpose of the reference in paragraph (1)(c) to a continuous period of 52 weeks, to be receiving the payment or allowance until the particular day.
(2) If, during the period of 26 weeks referred to in subsection (1) (including that subsection as modified by subsection (1A)) or the period provided by subsection (1B), a person receives a payment of a social security pension or benefit specified in the definition of employment-affected person in subsection (3) that relates to one or more days within that period, the person ceases to be qualified under this section for a health care card on the day on which the person receives the payment.
(3) In this section: employment-affected person means: (a) a person who is receiving any of the following: (i) pension PP (single); (ii) jobseeker payment; (iv) special benefit; (v) widow allowance; (vi) partner allowance; or (b) a person who is receiving a youth allowance but who: (i) is not undertaking full-time study; and (ii) is not a new apprentice.
qualified recipient means: (a) a person who is receiving: (i) a social security pension, other than a pension under Part 2.16; or (ii) a social security benefit, other than a youth allowance or austudy payment; or (b) a person who is receiving a youth allowance but who: Social Security Act 1991 385 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2A Benefits and concessions other than payments Part 2A.1 Concession cards Division 3 Qualification for health care card Section 1061ZMA (i) is not undertaking full-time study; and (ii) is not a new apprentice.
(4) This section has effect subject to section 1061ZN.
1061ZMA Further extended qualification rule: loss of payment because of employment income (2) If: (a) a person is receiving a social security pension or a social security benefit; and (b) the person’s rate of payment of the pension or benefit is worked out with regard to the income test module of a rate calculator in Chapter 3; and (d) the person is qualified for a health care card; and (e) the person or the person’s partner has employment income; and (f) the person ceases to receive a payment mentioned in subsection 1061ZK(5): (i) if paragraph (e) applies to the person—because of the employment income of the person (either alone or in combination with any other ordinary income earned, derived or received, or taken to have been earned, derived or received, by the person); or (ii) if paragraph (e) applies to the partner—because of the employment income of the partner (either alone or in combination with any other ordinary income earned, derived or received, or taken to have been earned, derived or received, by the partner); and (g) but for the employment income, or the combined income, referred to in paragraph (f), the person would have been, or would have continued to be, qualified for a health care card under section 1061ZK because the person would have continued to receive the payment mentioned in subsection 1061ZK(5); and (ga) the person: 386 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Benefits and concessions other than payments Chapter 2A
 Concession cards Part 2A.1 Qualification for health care card Division 3 Section 1061ZN (i) in the case of a person who ceases to receive benefit PP (partnered)—continues, but for the requirement to have at least one PP child, to be qualified for that benefit; and (ii) in any other case—continues to be qualified for the payment referred to in subsection 1061ZK(5); the person is qualified for a health care card until: (h) 12 weeks after the end of the instalment period in which the person ceases to receive the pension or benefit; or (j) the day the person would cease to be qualified for a health care card as mentioned in paragraph (g) for a reason other than the employment income, or the combined income, referred to in paragraph (f); or (k) the day the person ceases to be qualified as mentioned in paragraph (ga); whichever happens first.
(3) If, during the period of 12 weeks referred to in subsection (2), a person receives a payment of a social security pension or benefit specified in the definition of employment-affected person in subsection (4) that relates to one or more days within that period, the person ceases to be qualified under this section for a health care card on the day on which the person receives the payment.

(4) In this section: employment-affected person has the same meaning as it has for the purposes of section 1061ZM.
(5) This section has effect subject to section 1061ZN.
1061ZN Residence requirement (1) Sections 1061ZK, 1061ZM and 1061ZMA only have effect in relation to a person on a day on which: (a) the person is in Australia and is: (i) an Australian resident or a special category visa holder residing in Australia; or Social Security Act 1991 387 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2A Benefits and concessions other than payments Part 2A.1 Concession cards Division 3 Qualification for health care card Section 1061ZNA (ii) the holder of a visa included in a class of visas determined by the Minister for the purposes of this paragraph; or (iii) a person declared by the Minister to be a person to whom this subparagraph applies; or (b) the person: (i) is in Australia; and (ii) is receiving a social security pension or benefit solely because of the operation of the scheduled international agreement between Australia and New Zealand.
Note: If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 6 weeks (see Division 4).

(2) The Minister may, by legislative instrument, declare that a person who: (a) is included in a specified class of persons; and (b) is, or has been, in Australia in specified circumstances; is a person to whom subparagraph (1)(a)(iii) applies.
(3) The circumstances that may be specified in a declaration under subsection (2) include circumstances that existed or exist at any time before or after the making of the declaration.
1061ZNA Effect of compliance penalty periods (1) For the purposes of this Subdivision, a person is taken to have been receiving, or to be receiving, a social security pension or social security benefit if the person would have been receiving, or would be receiving, the pension or benefit except for the application of a compliance penalty period.

Note: For compliance penalty period see subsection 23(1).
(2) For the purposes of this Subdivision, a person is taken to have ceased to receive a social security pension or social security benefit if: 388 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Benefits and concessions other than payments Chapter 2A Concession cards Part 2A.1 Qualification for health care card Division 3 Section 1061ZO (a) the person would have ceased to receive the pension or benefit if the person had been receiving it; and (b) the person had not been receiving the pension or benefit because of the application of a compliance penalty period.
Note: For compliance penalty period see subsection 23(1).

Subdivision B—Qualification for health care card in other circumstances 1061ZO Qualification (1) A person is qualified for a health care card on a day if this section applies to the person on that day.
(2) This section applies to a person on a day if, on that day: (a) in the case of a child—the person is: (i) an Australian resident or a special category visa holder residing in Australia; or (ii) living in Australia with an Australian resident or with a special category visa holder residing in Australia; and (b) in the case of a person other than a child—the person is: (i) an Australian resident or a special category visa holder residing in Australia; and (ii) in Australia; and (c) the person is neither an FTB child, nor a regular care child, aged over 16 years; and (d) the person satisfies the health care card income test.
Note: If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 6 weeks (see Division 4).
(3) This section applies to a person on a day if, on that day, the person: (a) is an Australian resident or a special category visa holder residing in Australia; and (b) is in Australia; and Social Security Act 1991 389 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2A Benefits and concessions other than payments Part 2A.1 Concession cards Division 3 Qualification for health care card Section 1061ZO (c) is an FTB child, or a regular care child, who is 16 or more, but not yet 19, years of age; and (d) is not undertaking secondary studies; and (e) satisfies the health care card income test.
Note: If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 6 weeks (see Division 4).

(4) This section applies to a person on a day if, on that day, the person: (a) is an Australian resident or a special category visa holder residing in Australia; and (b) is in Australia; and (c) is an FTB child, or a regular care child, who is 19 or more years of age; and (d) satisfies the health care card income test.
Note: If the person is temporarily absent from Australia, the person continues to be qualified for a health care card for a maximum period of up to 6 weeks (see Division 4).

(5) This section applies to a child on a day if: (a) on that day, the child is in foster care; and (b) the child is living in Australia with an Australian resident or with a special category visa holder residing in Australia.
(7) The Minister may, by legislative instrument, declare that a person who: (a) is included in a specified class of persons; and (b) is, or has been, in Australia in specified circumstances; is a person to whom this section applies.

(8) The circumstances that may be specified in a declaration under subsection (7) include circumstances that existed or exist at any time before or after the making of the declaration.
(9) This section applies to a person on a day if: (a) on that day, the person: (i) is aged at least 16 and has not turned 26; and 390 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Benefits and concessions other than payments Chapter 2A Concession cards Part 2A.1 Qualification for health care card Division 3 Section 1061ZP (ii) is a full-time student; and (iii) is an Australian resident; and (iv) is living in Australia; and (b) on the day before the person turned 16: (i) another person was qualified under Part 2.19 for carer allowance for the person; or (ii) subsection 1061ZK(3) applied to the person; and (c) on the day before the person turned 16, the person was qualified for, and held, a health care card.
Note: For Australian resident see subsection 7(2).

1061ZP Person subject to newly arrived resident’s waiting period This Subdivision does not apply to a person while the person is subject to a newly arrived resident’s waiting period.

1061ZQ Newly arrived resident’s waiting period (1) Subject to this section, for the purposes of this Division, a person who has entered Australia is subject to a newly arrived resident’s waiting period.
(2) Subsection (1) does not apply to a person who: (a) has a qualifying residence exemption for a health care card; or (b) has an FTB child; or (c) has been an Australian resident, or a special category visa holder residing in Australia, and in Australia for a period of, or for periods totalling, 208 weeks; or (d) holds, or formerly held, a visa included in a class of visas determined by the Minister for the purposes of subsection 739A(6); or (e) is not subject to a newly arrived resident’s waiting period under subsection 739A(1) or (2) because of the operation of subsection 739A(7).
Social Security Act 1991 391 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2A Benefits and concessions other than payments Part 2A.1 Concession cards Division 3 Qualification for health care card Section 1061ZR Note: For paragraph (a): for qualifying residence exemption in relation to a health care card, see paragraph 7(6AA)(f).
(3) Subsection (1) does not apply to a person if: (a) the person is a refugee, or a former refugee, at the time the person made the claim for a health care card; or (b) the following apply: (i) before the person made the claim for a health care card, the person was a family member of another person at the time the other person became a refugee; (ii) the person is a family member of that other person at the time the person made the claim for a health care card or, if that other person has died, the person was a family member of that other person immediately before that other person died; or (c) the person is an Australian citizen at the time the person made the claim for a health care card.
(4) For the purposes of subsection (3): (a) family member has the meaning given by subsection 7(6D); and (b) former refugee has the meaning given by subsection 7(1); and (c) refugee has the meaning given by subsection 7(6B).
1061ZR Duration of newly arrived resident’s waiting period (1) Subject to subsection (2), if a person is subject to a newly arrived resident’s waiting period, the period: (a) starts on the day on which the person first became an Australian resident or a special category visa holder residing in Australia; and (b) ends when the person has been both: (i) an Australian resident or a special category visa holder residing in Australia; and (ii) in Australia; for a period of, or for periods totalling, 208 weeks.
392 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Benefits and concessions other than payments Chapter 2A Concession cards Part 2A.1 Qualification for health care card Division 3 Section 1061ZS (2) If: (a) a person is subject to a newly arrived resident’s waiting period; and (b) before, on or after the commencement of this subsection, the person applied for a visa that is in a class of visas determined by the Minister for the purposes of paragraph 739A(3)(b); the waiting period: (c) starts on the day on which the person applied for that visa; and (d) ends when the person has been in Australia for a period of, or for periods totalling, 208 weeks after that day.
Subdivision C—Miscellaneous provisions relating to health care cards 1061ZS Issue of health care cards The Secretary must issue an automatic issue health care card to a person who is qualified for such a card.
1061ZT Certain dependants not qualified for health care card (1) Subject to subsection (2), a person is not qualified for a health care card in respect of any day on which the person: (a) is a dependant of any person; or (b) is wholly or substantially dependent on: (i) a resident of; or (ii) a corporation carrying on business in; or (iii) the government of; a country other than Australia.
(2) Subsection (1) does not apply to: (a) a person who is the partner of another person; or (b) a person who is qualified for a health care card under subsection 1061ZK(2) or (3) or subsection 1061ZO(3), (4), (5) or (9).
Social Security Act 1991 393 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2A Benefits and concessions other than payments Part 2A.1 Concession cards Division 4 Non-cancellation of concession cards for temporary overseas absences Section 1061ZUA Division 4—Non-cancellation of concession cards for temporary overseas absences 1061ZUA Persons to whom Division applies (1) This Division applies to a person if: (a) the person leaves Australia temporarily (see subsection (2)); and (b) the person is continuously absent from Australia during a period (the period of absence) beginning on the day the person leaves Australia; and (c) any of the following applies: (i) immediately before the period of absence commences, the person was the holder of a concession card; (ii) during the period of absence, the person’s claim for a seniors health card or a health care card is granted under the Administration Act; (iii) during the period of absence, the person is issued an automatic issue card.
(2) For the purposes of paragraph (1)(a), in determining if an absence is temporary, regard must be had to: (a) the purpose of the absence; and (b) the intended duration of the absence.

1061ZUB Non-cancellation of concession cards for temporary overseas absences (1) Throughout the person’s maximum non-cancellation period (see subsection (3)), the person’s qualification for the concession card is not affected merely by the absence.
(2) For a concession card (other than a seniors health card), throughout so much (if any) of the period of absence as occurs after the end of the period of 6 weeks beginning on the day the person leaves Australia, the person is not qualified for the concession card.
394 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Benefits and concessions other than payments Chapter 2A Concession cards Part 2A.1 Non-cancellation of concession cards for temporary overseas absences Division 4 Section 1061ZUC (2A) For a concession card that is a seniors health card, throughout so much (if any) of the period of absence as occurs after the end of the period of 19 weeks beginning on the day the person leaves Australia, the person is not qualified for the concession card.
(3) For the purposes of subsection (1), a person’s maximum non-cancellation period is the shorter of the following periods: (a) the person’s period of absence; (b) the following: (i) for a concession card (other than a seniors health card)—the period of 6 weeks beginning on the day the person leaves Australia; (ii) for a concession card that is a seniors health card—the period of 19 weeks beginning on the day the person leaves Australia.
1061ZUC Extension cards (1) This section applies if: (a) a person qualifies for a concession card under the following section (the qualification section): (i) section 1061ZC, 1061ZD, 1061ZDA, 1061ZEB or 1061ZM; (ii) section 1061ZEA as a result of the operation of subsection 1061ZEA(2A); and (b) as a result of subsection 1061ZUB(1), the person’s qualification for the card is not affected by a period of absence; and (c) at the end of the period of 6 weeks mentioned in subsection 1061ZUB(2), the card is cancelled; and (d) after that time, the person returns to Australia; and (e) the person qualifies again for the card under the qualification section (and in the case of section 1061ZEA, the person qualifies as a result of the operation of subsection 1061ZEA(2A)); and (f) the period for which the person was qualified under the qualification section has not yet ended.
Social Security Act 1991 395 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2A Benefits and concessions other than payments Part 2A.1 Concession cards Division 4 Non-cancellation of concession cards for temporary overseas absences Section 1061ZUC (2) To avoid doubt, the person continues to qualify for the concession card until the end of the period for which the person was qualified under the qualification section (unless the person ceases to be qualified for the card at an earlier time).
396 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Student start-up loans Chapter 2AA Introduction Part 2AA.1 Section 1061ZVAA Chapter 2AA—Student start-up loans Part 2AA.1—Introduction 1061ZVAA Simplified outline of this Chapter Student start-up loans are social security payments that are income-contingent loans.

Broadly, full-time students who are receiving youth allowance or austudy might be qualified for a student start-up loan.
A person can qualify for up to 2 loans each calendar year.

To receive a loan, a person must make a claim before the end of the relevant period for each loan.

Once the person’s income exceeds the minimum repayment income under the Higher Education Support Act 2003 and the person has finished repaying any debt under that Act and certain other income-contingent loan schemes, the person must start repaying debt in relation to student start-up loans.
Social Security Act 1991 397 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2AA Student start-up loans Part 2AA.2 Qualification for and amount of student start-up loan Section 1061ZVBA Part 2AA.2—Qualification for and amount of student start-up loan 1061ZVBA Simplified outline of this Part Broadly, full-time students who are receiving youth allowance or austudy might be qualified for a student start-up loan.
A person can qualify for up to 2 loans each calendar year.
1061ZVBB Qualification for student start-up loan Receiving youth allowance (1) A person is qualified for a student start-up loan for a qualification period if: (a) on the person’s qualification test day for the period: (i) the person is qualified for youth allowance and youth allowance is payable to the person; and (ii) the person is receiving youth allowance and would be receiving youth allowance if steps 2 and 3 of the method statement in point 1067G-A1 of the Youth Allowance Rate Calculator were disregarded for the purposes of working out the person’s rate of that allowance; and (iii) the person is qualified for youth allowance under section 540 in circumstances where paragraph 541(1)(a)subparagraph 540(1)(a)(i) (about full-time study) applies and the relevant course of education is an approved scholarship course; and (b) the Secretary is satisfied that the person is not likely to receive the amount or value of a disqualifying education costs scholarship in the period of 6 months starting immediately after that qualification test day; and (c) the person notifies the Secretary of the person’s tax file number.
398 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Student start-up loans Chapter 2AA Qualification for and amount of student start-up loan Part 2AA.2 Section 1061ZVBB Note 1: For approved scholarship course, see section 592M.
Note 2: If the condition in subparagraph (a)(iii) is no longer met in a certain period starting on the qualification test day, the amount of the loan might become an immediately recoverable debt, rather than an income-contingent SSL debt: see subsection 1223ABF(1).
Receiving austudy payment (2) A person is qualified for a student start-up loan for a qualification period if: (a) on the person’s qualification test day for the period: (i) the person is qualified for austudy payment and austudy payment is payable to the person; and (ii) the person is receiving austudy payment and would be receiving austudy payment if steps 2 and 2A of the method statement in point 1067L-A1 of the Austudy Payment Rate Calculator were disregarded for the purposes of working out the person’s rate of that payment; and (iii) the person is qualified for austudy payment under section 568 in circumstances where subsection 569(1) (about qualifying study) applies and the relevant course of education is an approved scholarship course; and (b) the Secretary is satisfied that the person is not likely to receive the amount or value of a disqualifying education costs scholarship in the period of 6 months starting immediately after that qualification test day; and (c) the person notifies the Secretary of the person’s tax file number.
Note 1: For approved scholarship course, see section 592M.

Note 2: The person might incur a debt if the condition in subparagraph (a)(iii) is no longer met in a certain period starting on the qualification test day: see subsection 1223ABF(1).
Qualification test day (3) A person’s qualification test day for a qualification period is the earliest of the following: Social Security Act 1991 399 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2AA Student start-up loans Part 2AA.2 Qualification for and amount of student start-up loan Section 1061ZVBC (a) the day the Secretary determines the person’s claim for a student start-up loan for the qualification period; (b) if the approved scholarship course ends in the qualification period—the last day of the approved scholarship course; (c) the last day of the qualification period.
1061ZVBC Circumstances in which person is not qualified for student start-up loan Despite section 1061ZVBB, a person is not qualified for a student start-up loan for a qualification period if: (a) immediately before the person’s qualification test day for the period: (i) a determination is in effect that the person is qualified for a student start-up loan for the qualification period; or (ii) a determination is in effect that the person is qualified for an ABSTUDY student start-up loan under the Student Assistance Act 1973 for the qualification period; or (b) in the period of 6 months ending immediately before that qualification test day, the person: (i) has received a payment known as a student start-up scholarship payment under the scheme referred to in section 117 of the Veterans’ Entitlements Act; or (ii) has received a payment known as a student start-up scholarship payment under the scheme referred to in section 258 of the Military Rehabilitation and Compensation Act; or (iii) has received the amount or value of a disqualifying education costs scholarship; or (iv) was entitled to the amount or value of a disqualifying education costs scholarship but has not received the full entitlement only because the scholarship was suspended.
400 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Student start-up loans Chapter 2AA Qualification for and amount of student start-up loan Part 2AA.2 Section 1061ZVBD 1061ZVBD Amount of student start-up loan The amount of a student start-up loan for which a person is qualified is $1,025.

Note: The amount of the loan is to be indexed on each 1 January in line with CPI increases (see sections 1190 to 1194).
Social Security Act 1991 401 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2AA Student start-up loans Part 2AA.3 Indebtedness Division 1 Introduction Section 1061ZVCA Part 2AA.3—Indebtedness Division 1—Introduction 1061ZVCA Simplified outline of this Part A person incurs an SSL debt if the person receives a student start-up loan (except in certain circumstances when the loan is required to be recovered as a social security debt under this Act).
Each SSL debt is incorporated into the person’s accumulated SSL debt.

This accumulated SSL debt forms the basis for working out the amounts the person is obliged to repay.
402 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Student start-up loans Chapter 2AA Indebtedness Part 2AA.3 Incurring SSL debts Division 2 Section 1061ZVDA Division 2—Incurring SSL debts 1061ZVDA SSL debts (1) A person incurs an SSL debt to the Commonwealth if the person is paid a student start-up loan for a qualification period.
(2) The SSL debt is incurred by the person on the later of: (a) the day the person was paid the loan; and (b) the day after the person’s enrolment test day for the qualification period.

Note: For enrolment test day, see subsection (5).

(3) The amount of the person’s SSL debt is the amount of the loan, reduced by any amount repaid before the day on which the debt is incurred.
(4) Despite subsection (1), an SSL debt is not incurred, and is taken never to have been incurred, in relation to a loan if: (a) the loan has been fully repaid before the day on which the SSL debt in respect of the loan would be incurred; or (b) the amount of the loan is a debt under section 1223 or 1223ABF; or (c) the Secretary has formed an opinion under subsection 1223ABF(3) in relation to the loan (relating to exceptional circumstances beyond the person’s control).
(5) A person’s enrolment test day, for a qualification period, is the earliest of the following days: (a) if the relevant approved scholarship course ends in the qualification period—the last day of that approved scholarship course; (b) the last day of the qualification period; (c) the 35th day of the period starting on whichever of the following applies: (i) if the person’s qualification test day for the qualification period was before the first day of the relevant approved Social Security Act 1991 403 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Chapter 2AA Student start-up loans Part 2AA.3 Indebtedness Division 2 Incurring SSL debts Section 1061ZVDB scholarship course—the first day of that approved scholarship course; (ii) otherwise—the qualification test day.
Note: For approved scholarship course, see section 592M.

1061ZVDB SSL debt discharged by death Upon the death of a person who owes an SSL debt to the Commonwealth, the debt is taken to have been paid.

Note: SSL debts are not provable in bankruptcy: see subsection 82(3AB) of the Bankruptcy Act 1966.

1061ZVDC Notice to Commissioner (1) If a person incurs an SSL debt, the Secretary must give the Commissioner a notice specifying the amount of the debt incurred by the person.
(2) The Secretary may include in the notice any other details the Commissioner requests for the purpose of ensuring the Commissioner has the information needed to exercise powers or perform functions of the Commissioner under this Act.
404 Social Security Act 1991 Future compilation prepared on 8 June 2021 OFFICIAL: Sensitive // Legal Privilege Student start-up loans Chapter 2AA Indebtedness Part 2AA.3 Working out accumulated SSL debts Division 3 Section 1061ZVEA Division 3—Working out accumulated SSL debts 1061ZVEA Simplified outline of this Division There are 2 stages to working out a person’s accumulated SSL debt for a financial year.
In stage 1, the person’s former accumulated SSL debt is worked out by adjusting the preceding financial year’s accumulated SSL debt to take account of: (a) (b) (c) (d) the HELP debt indexation factor for 1 June in that financial year; and the debts that the person incurs during the last 6 months of the preceding financial year; and voluntary SSL repayments of the debt; and compulsory SSL repayment amounts in respect of the debt.
(a) (b) In stage 2, the person’s accumulated SSL debt is worked out from: the person’s former accumulated SSL debt; and the SSL debts that the person incurs during the first 6 months of the financial year; and voluntary SSL repayments of those debts.
(c) 1061ZVEB Stage 1—working out a former accumulated SSL debt (1) A person’s former accumulated SSL debt, in relation to the person’s accumulated SSL debt for a financial year, is worked out by multiplying: (a) the amount worked out using the following method statement; by (b) the HELP debt indexation factor for 1 June in that financial year.