Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694232583885.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 (Administration) Act 1999 No.
191, 1999 This future law compilation was prepared on 9 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: sections 1–123ZO sections 124–257 Schedules Endnotes 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 (Administration) Act 1999 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 Part 1—Preliminary 1 2 2A 3 5 6 6A 6B 1 Short title................................................................1 Commencement .....................................................1 Application of the Criminal Code .........................1 Interpretation..........................................................1 Manner of giving notice.........................................2 Effect of certain determinations.............................2 Secretary may arrange for use of computer programs to make decisions...................................2 Norfolk Island ........................................................3 Part 2—General administration of social security law 4 General administration of social security law........4 Principles of administration ...................................4 Agreement on administrative arrangements ..........5 Part 3—Provision of benefits Division 1—Claim for social security payment or concession card 6 6 Subdivision A—Need for claim 6 General rule............................................................6 Subdivision B—Cases where claim not necessary 6 Deemed claim in certain cases...............................6 One-off payment to the aged .................................7 One-off payments to carers....................................7 Economic security strategy payment and training and learning bonus .................................................8 One-off energy assistance payment .......................8 2019 one-off energy assistance payment ...............8 2020 economic support payment ...........................8 Additional economic support payments ................8 Language, literacy and numeracy supplement.......9 Utilities allowance .................................................9 Energy supplement ................................................9 Quarterly pension supplement ...............................9 Quarterly energy supplement.................................9 Child disability
Child disability assistance......................................9 Social Security (Administration) Act 1999 i Future compilation prepared on 9 June 2021 7 8 10 11 12 12A 12AA 12AB 12AC 12AD 12AE 12AF 12B 12C 12D 12DA 12DB 12E OFFICIAL: Sensitive // Legal Privilege 12F 12G 12H 12K 12L 13 14 14A 15 15A Carer allowance .....................................................9 Carer supplement ...................................................9 Relocation scholarship payment ..........................10 Clean energy advance ..........................................10 FHA supplement and relief payment ...................10 Deemed claim—person contacting Department about a claim for a social security payment.........10 Deemed claim—person contacting Department about a claim for a concession card .....................12 Determination for purposes of sections 13 and 14 .............................................................................15 Deemed claim—incorrect or inappropriate claims .............................................................................15 Deemed claim—certain claims for carer allowance .............................................................................17 Subdivision C—Manner of making a claim Subdivision E—Time limits for claims for pension bonus 26 18 How to make a claim ...........................................18 Special requirements regarding claims for pension bonus....................................................................19 Additional provisions regarding claim for special employment advance ...........................................21 Special requirements regarding claims for essential medical equipment payment ................................22 22 Interpretation........................................................22 General rule..........................................................22 Last bonus period a full-year period ....................23 Last bonus period a part-year period ...................23 Claim by exempt
 partnered person ......................24 Claim where membership has become non-accruing ........................................................24 Claim where person has post-75 work period .....25 Subdivision EA—Time limits for claims for pension bonus bereavement payment 26 General rule..........................................................26 Extension .............................................................26 26A 26B Subdivision EB—Time limits for claims for student start-up loans 26 Time limit for claim.............................................26 26C ii Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Subdivision F—Time limit for claims for fares allowance 27 Time limit for claim.............................................27 27 Subdivision FAA—Time limit for claims for Disaster Recovery Allowance 27 27AA Time limit for claims for Disaster Recovery Allowance ............................................................27 Subdivision FA—Time limit for claims for AGDRP 28 Time limit for claim.............................................28 27A Subdivision FB—Time limit for claims for AVTOP 28 Time limit for claims for AVTOP .......................28 27B Subdivision G—Age requirement for certain claims 29 Claims for disability support pension ..................29 28 Subdivision H—Residence requirements for claimants 29 General rule..........................................................29 Residence requirements for claimants for special benefit ..................................................................29 Exclusion from section 29 residence requirement of crisis payment claimants holding certain visas .............................................................................29 Exclusion of certain claims from requirements of section 29 .............................................................30 Exclusion of certain claims by special category visa holders from section
 29 residence requirement .............................................................................30 31 Right to withdraw ................................................31 Manner of withdrawal..........................................31 32 Claims by persons in gaol etc.
.............................32 Claims for advance pharmaceutical allowance....32 Secondary victim claims for AVTOP..................33 35 Obligation of Secretary to determine claim.........35 Grant of claim ......................................................35 Grant of claim—schooling requirements.............39 Duration of certain health care cards ...................39 Refusal of claim for special employment advance .............................................................................40 Subdivision I—Withdrawal of claim Subdivision J—Special provision for certain claims Division 2—Determination of claim 29 30 30A 31 31A 33 34 35 35A 35B 36 37 37AA 37A 38 Social Security (Administration) Act 1999 iii Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege 39 40 Deemed refusal of claim ......................................40 Rejection of claim for failure to obtain foreign payment................................................................42 41 42 42AA 42AB Division 3—Commencement of social security payment 43 Commencement ...................................................43 Start day ...............................................................43 Division 3AA—Compliance with participation payment obligations: persons other than declared program participants Subdivision A—Introduction 44 44 Simplified outline of this Division.......................44 Division not to apply to declared program participants...........................................................45 Subdivision B—Failures for which compliance action must be taken 45 Mutual obligation failures....................................45 Work refusal failures ...........................................47 Unemployment failures........................................47 42AC 42AD 42AE Subdivision C—Compliance action that must be taken for particular failures 48 42AF 42AG 42AH 42AI 42AJ 42AK Compliance action for mutual obligation failures
 .............................................................................48 Compliance action for work refusal failures........50 Compliance action for unemployment failures....51 Reasonable excuses—matters that must or must not be taken into account .....................................52 Reasonable excuses for mutual obligation failures—prior notification required for certain failures .................................................................52 Relationship between provisions of this Subdivision ..........................................................53 Subdivision D—Effect of taking particular compliance action 42AL 42AM 42AN 54 Payment suspension periods for mutual obligation failures and work refusal failures.........................54 Reconnection requirements for mutual obligation failures and work refusal failures.........................55 Reducing instalments of participation payments for mutual obligation failures ..............................55 iv Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege 42AO 42AP Unemployment preclusion periods for unemployment failures by persons claiming participation payments.........................................56 Cancelling participation payments.......................57 Subdivision E—Miscellaneous 59 42AQ 42AR 42AS Persons for whom participation payments not payable taken to still be receiving payment for certain purposes ...................................................59 Minister to make determinations for purposes of this Division.........................................................60 Relationship with section 80................................61 Division 3A—Compliance with participation payment obligations: declared program participants 62 Subdivision A—Introduction Subdivision B—No show no pay failures Subdivision C—Connection and reconnection failures 42A 42B 42C 42D 42E 42F 42G 42H 42J 42K 42L 42M 42N 42NA 42NC 42P
 42Q 42R 62 Simplified outline of this Division.......................62 Application of this Division only to declared program participants ............................................63 63 No show no pay failures ......................................63 Deducting the penalty amount .............................65 65 Connection failures ..............................................65 Requiring a person to apply for job vacancies.....67 Reconnection requirements..................................68 Reconnection failures ..........................................69 Further reconnection requirements ......................70 Notification requirements ....................................70 Deduction of penalty amount...............................71 71 Serious failure for persistent non-compliance .....71 Serious failure for refusing or failing to accept an offer of suitable employment...............................73 Comprehensive compliance assessment ..............73 Determination about serious failure requirements and severe financial hardship...............................74 Consequences of serious failure ..........................74 Ending serious failure periods .............................75 Determining that participation payments payable .............................................................................76 Subdivision D—Serious failures Social Security (Administration) Act 1999 v Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Subdivision E—Unemployment resulting from a voluntary act or 76 misconduct 42S Unemployment resulting from a voluntary act or misconduct ...........................................................76 Subdivision EA—Immediate non-payment of participation payments for certain failures 78 Immediate non-payment of participation payments for certain failures................................................78 42SA Subdivision EB—Failures by certain recipients of parenting payments 80 Suspension of
 payments for certain failures ........80 42SB Subdivision EC—Non-attendance failures 81 Non-attendance failures .......................................81 Deduction of penalty amount...............................82 42SC 42SD Subdivision F—General provisions 82 42T 42U 42UA 42V 42W 42X 42Y 42YA 42Z Legislative instrument determining method for working out penalty amount ................................82 Legislative instruments relating to reasonable excuse...................................................................84 Prior notification of excuse..................................85 Deduction from any participation payment .........87 Penalty amount not a debt....................................87 Payability .............................................................87 Day of determination ...........................................87 Relationship between Subdivisions of this Division................................................................87 Relationship with section 80................................88 Division 4—Payment of social security payment 43 44 45 46 46A 46B 47 47A 47AB 89 Payment by instalments .......................................89 Payment of instalments to person or nominee .....94 Payment of youth allowance—person under 18 and not independent .............................................94 Payment of special employment advance............95 Payment of AGDRP.............................................95 Payment of
Payment of AVTOP.............................................95 Payment of lump sum benefits.............................95 Payment of one-off payment to the aged .............98 Payment of carer supplement...............................98 vi Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege 47AC 47AD 47AE 47AF 47AG 47AH 47B 47C 47CA 47CB 47D 47DAA 47DA 47DB 48 48A 48B 48C 48D 49 50 50A 51 52 53 54 55 56 57 58 Payment of one-off energy assistance payment...98
 Payment of 2019 one-off energy assistance payment................................................................99 Payment of first 2020 economic support payment .............................................................................99 Payment of second 2020 economic support payment................................................................99 Payment of additional economic support payment 2020 ...................................................................100 Payment of additional economic support payment 2021 ...................................................................100 Payment of one-off payments to carers .............100 Payment of economic security strategy payments and training and learning bonuses .....................101 Payment of activity supplement or farm financial assessment supplement ......................................103 Payment of FHA supplement or relief payment 103 Payment of clean energy advance......................103 Payment of essential medical equipment payment ...........................................................................104 Relocation scholarship payments.......................104 Student start-up loans.........................................104 Payment of telephone allowance .......................105 Payment of utilities allowance...........................105 Payment of energy supplement..........................106 Payment of quarterly pension supplement.........106 Payment of quarterly energy supplement ..........107 Timing of payment of fares allowance ..............108 To whom fares allowance is to be paid..............108 Payment of child disability assistance ...............109 Advance in case of severe financial hardship....109 Payment of certain amounts outside Australia ..110 Payment of instalments where pension received under other legislation .......................................111 Rounding off instalments of social security payments
 ............................................................111 Payment into bank account etc.
.........................112 Youth allowance—failure to nominate parent...113 Change of particular payday ..............................114 Payment of social security payment after death 114 Social Security (Administration) Act 1999 vii Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege 59 Payment of pension bonus or pension bonus bereavement payment after death ......................115 Division 5—Protection of social security payments 118 Protection of social security payment................118 Deduction at request of recipient—payments to Commissioner of Taxation.................................118 Deduction at request of recipient—other payments ...........................................................................118 Effect of garnishee or attachment order.............119 60 61 61A 62 63 63A 64 66 Division 6—Requirement to provide information, undergo medical examination etc.
120 Subdivision A—General 120 Requirement to attend Department etc.

.............120 Proof of life certificate.......................................123 Effect of failing to comply with requirement to attend Department etc.

.......................................124 Notice to obtain foreign payment ......................126 Subdivision B—Requirement to give information about change of 128 circumstances etc.

66A 67 68 69 70 70A 70B 72 73 74 General requirement to inform of a change of circumstances etc.
..............................................128 Person who has made a claim ............................130 Person receiving social security payment or holding concession card.....................................131 Person who has received a social security payment or who has held a concession card.....................132 Care receiver in respect of whom carer payment being made.........................................................133 Person who is subject to the income management regime etc...........................................................134 Person who is subject to cashless welfare arrangements etc.
...............................................134 Provisions relating to notice ..............................135 Application of provisions...................................138 Offence—failure to comply with notice ............138 Subdivision C—Provision of tax file numbers 139 Requesting tax file numbers ..............................139 How request for tax file number is satisfied ......140 75 76 viii Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege 77 Consequences of not giving tax file number .....142 Division 7—Various determinations 145 82 81A 78A 78 79 80 81 Subdivision A—Provisions relating to social security payments 145 When this Subdivision does not apply...............145 Rate increase determination...............................145 Rate reduction determination.............................145 Cancellation or suspension determination .........146 Cancellation or suspension for non-compliance with certain notices ............................................147 Rate reduction determination for non-compliance with notice relating to rent assistance ................148 Cancellation or suspension for failure to take action to obtain foreign payment .......................149 Changes to payments by computer ....................149 Automatic transfer by computer ........................150 Resumption of payment after cancellation or suspension—general ..........................................150 Resumption of payment after cancellation or suspension—provision of proof of life certificate ...........................................................................151 Rate increase determination following rate reduction for non-compliance with notice relating to rent assistance ................................................152 83 84 85 85AA 85A Subdivision B—Provisions relating to concession cards Division 8—Automatic cancellations and variations 156 Subdivision A—Social security payments 86 87 88 89 90A 90 91 93 153
 Cancellation—person not qualified ...................153 Cancellation—non-compliance with certain notices ................................................................154 Changes to qualification by computer ...............154 Resumption of qualification...............................154 156 When this Subdivision does not apply...............156 Automatic cancellation—transfer to new payment type.....................................................................156 Automatic cancellation of parenting payment on transfer to new payment type—member of couple ...........................................................................156 Automatic cancellation—recipient complying with subsection 68(2) notice ......................................157 Social Security (Administration) Act 1999 ix Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege 94 95 95A 95B 95C 96 97 97A 97B 98 99 100 101 103 Automatic cancellation—recipient not complying with subsection 68(2) notice ..............................160 Automatic cancellation—failure to provide statement under subsection 68(2) ......................161 Automatic cancellation of carer payment for non-compliance with section 70 notice .............162 Automatic suspension or cancellation—carer allowance ...........................................................162 Social security payment—suspension instead of cancellation under section 93 or 94 ...................163 Disability support pension—suspension instead of cancellation under section 93.............................164 Disability support pension—suspension taken to have been under section 96................................166 Disability support pension—suspension instead of cancellation under section 94 (person obtains work)..................................................................168 Disability support pension—suspension instead of cancellation under section 94 (person’s income)
 ...........................................................................170 Automatic rate reduction—partner starting to receive pension or benefit ..................................172 Automatic rate reduction—recipient complying with subsection 68(2) notice ..............................173 Automatic rate reduction—recipient not complying with subsection 68(2) notice............175 Automatic rate reduction—receipt of pension or veteran payment by person receiving parenting payment..............................................................177 Changes to payments by computer following automatic cancellation or reduction...................177 Subdivision B—Concession cards 178 104 105 106 106A Automatic cancellation—holder complying with subsection 68(4) notice ......................................178 Automatic cancellation—holder not complying with subsection 68(4) notice ..............................178 Changes by computer following automatic cancellation ........................................................179 Automatic cancellation on cessation of qualification .......................................................179 x Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Subdivision C—Additional provision for certain pensioner concession cards and automatic issue health care cards 180 Automatic cancellation ......................................180 106B Division 9—Date of effect of determinations 182 Subdivision A—Determinations relating to claims 182 General rule........................................................182 107 Subdivision B—Determinations under section 78, 81A, 85, 85AA 108 109 109A 110 110A 111 114 or 85A 184 Definition ...........................................................184 Date of effect of favourable determination resulting from review.........................................184 Date of effect of determination under section 78 resulting from review
 required by section 126A ...........................................................................186 Date of effect of favourable determination........186 Date of effect of favourable determinations resuming payment after suspensions relating to non-compliance..................................................191 Date of effect of section 78 determination resulting from indexation or adjustment...........................192 Date of effect of other favourable determinations ...........................................................................192 Subdivision C—Determinations under section 89 193 Definition ...........................................................193 Date of effect of favourable determination resulting from review—concession cards..........193 115 116 Subdivision D—Date of effect of adverse determinations relating to social security payments 194 Definition ...........................................................194 Date of effect of adverse determinations—general rules....................................................................195 Additional rules in the case of carer payment....205 117 118 120 Subdivision E—Date of effect of adverse determinations relating to concession cards 210 Definition ...........................................................210 Date of effect of adverse determinations ...........210 121 122 Division 10—Continuing effect of determinations 211 Continuing effect of determinations ..................211 123 Social Security (Administration) Act 1999 xi Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Division 11—Estimates and verification of maintenance income for Youth Allowance Rate Calculator 212 123AA 123AB 123AC 123AD Estimate of maintenance income for Youth Allowance Rate Calculator ................................212 Verification of maintenance income for Youth Allowance Rate Calculator ................................212 Annualised maintenance income free area ........214 Annual
 amount of estimated maintenance income ...........................................................................215 Part 3A—Nominees 216 Division 1—Preliminary 123A 216 Definitions .........................................................216 Division 2—Appointment of nominees Division 3—Payments to payment nominee 221 123F Payment of instalments etc.
to payment nominee ...........................................................................221 Division 4—Functions and responsibilities of nominees 123B 123C 123D 123E 123G 123H 123I 123J 123K 123L 123N 123O 123P 218 Appointment of payment nominee ....................218 Appointment of correspondence nominee .........218 Provisions relating to appointments...................218 Suspension and revocation of nominee appointments......................................................219 222 Definition ...........................................................222 Actions of correspondence nominee on behalf of benefit recipient .................................................222 Giving of notices to correspondence nominee...223 Compliance by correspondence nominee ..........224 Notification by nominee of matters affecting ability to act as nominee ....................................225 Statement by payment nominee regarding disposal of money ............................................................227 229 Protection of principal against liability for actions of nominee .........................................................229 Protection of nominee against criminal liability229 Duty of nominee to principal .............................229 Saving of Secretary’s powers of revocation ......230 Division 5—Other matters 123M xii Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege 123Q 123R 123S Saving of Secretary’s powers to give notices
 to principal .............................................................230 Notification of nominee where notice given to principal .............................................................230 Right of nominee to attend with principal .........230 Part 3B—Income management regime 232 Division 1—Introduction 123TA 123TB 123TC 123TF 123TG 123TGAA 123TGAB 123TGA 123TH 123TI 123TJ 123TK 232 Simplified outline ..............................................232 Objects
Objects ...............................................................233 Definitions .........................................................234 Declared child protection State or Territory ......243 Declared primary school area and declared secondary school area ........................................243 Recognised State/Territory authority.................244 Recognised State or Territory ............................245 Declared voluntary income management area...245 Priority needs .....................................................246 Excluded goods and excluded services..............247 Pornographic material........................................248 Eligible recipient................................................248 Division 2—Persons subject to the income management regime 250 Subdivision A—Situations in which a person is subject to the income management regime 123UA 123UC 123UCA 123UCB 123UCC 123UD 123UE 250 Persons subject to the income management regime ...........................................................................250 Persons subject to the income management regime—child protection ...................................250 Persons subject to the income management regime—vulnerable welfare payment recipients ...........................................................................251 Persons subject to the income management regime—disengaged youth ................................252 Persons subject to the income management regime—long-term welfare payment recipients 253 Persons subject to the income management regime—school enrolment.................................255 Persons subject to the income management regime—school attendance................................257 Social Security (Administration) Act 1999 xiii Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege 123UF 123UFAA 123UFA Persons subject to the income management regime—Queensland Commission ....................258 Persons subject to the income management regime—other State/Territory
 referrals .............260 Persons subject to the income management regime—voluntary income management agreement...........................................................261 Subdivision BA—Additional provisions relating to vulnerable welfare payment recipients 262 Vulnerable welfare payment recipients .............262 123UGA Subdivision BB—Additional provisions relating to disengaged youth and long-term welfare payment recipients 123UGB 123UGC 123UGD 123UGF 123UGG 264 Exempt welfare payment recipient—inclusion in specified class ....................................................264 Exempt welfare payment recipient—person is not the principal carer of a child ..............................264 Exempt welfare payment recipient—person is the principal carer of a child ....................................265 Full-time student ................................................267 School age child.................................................267 Subdivision C—Additional provisions relating to school enrolment and attendance 123UH 123UI 123UJ 123UK 123UL 123UM 123UN 123UO 268 Eligible care child ..............................................268 Applicable school period ...................................268 Eligible care period............................................269 Unsatisfactory school attendance situation........269 Formal warning—unsatisfactory school attendance situation..............................................................269 270 Voluntary income management agreement .......270 Duration of voluntary income management agreement...........................................................271 Termination of voluntary income management agreement...........................................................272 Subdivision D—Voluntary income management agreements Subdivision E—Relationship with Part 3D for Northern Territory 274 program participants 123UP Relationship with Part 3D for Northern Territory program participants
 ..........................................274 xiv Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Division 3—Establishment of the Income Management Record 123VA 123VC 275 Establishment of the Income Management Record ...........................................................................275 Bank account......................................................275 Division 4—Income management accounts 276 Subdivision A—Income management accounts 276 Income management accounts ...........................276 Opening of income management accounts ........276 Closing of income management accounts .........277 Income management accounts may have a nil balance ...............................................................277 One income management account per person ...277 Credits to, and debits from, a person’s income management account..........................................278 Subdivision B—Account statements 278 123WG 123WH 123WI Internet and telephone access to account statements etc.....................................................278 Person may request account statements.............279 Account statements to be given .........................279 Subdivision C—Miscellaneous 280 Payment of credit balances of income management accounts—person ceases to be subject to the income management regime ..............................280 Ceasing payment of credit balances of income management accounts—person becomes subject to the income management regime again...............283 Payment into bank account etc.
of credit balances of income management accounts—person ceases to be subject to the income management regime ...........................................................................284 Payment of credit balances of income management accounts—person dies .......................................285 Payment into bank account etc.
of credit balances of income management accounts—person dies.286 Crediting of amounts to income management accounts—Ministerial rules ...............................287 Division 5—Deductions from welfare payments Subdivision B—Child protection 288 288 Social Security (Administration) Act 1999 xv Future compilation prepared on 9 June 2021 123WA 123WB 123WC 123WD 123WE 123WF 123WJ 123WJA 123WK 123WL 123WM 123WN OFFICIAL: Sensitive // Legal Privilege 123XI 123XJ Deductions from category I welfare payments— instalments .........................................................288 Deductions from category I welfare payments— lump sums ..........................................................289 Subdivision BA—Vulnerable welfare payment recipients 290 123XJA 123XJB Deductions from category I welfare payments— instalments .........................................................290 Deductions from category I welfare payments— lump sums ..........................................................291 Subdivision BB—Disengaged youth and long-term welfare payment recipients 292 123XJC 123XJD Deductions from category I welfare payments— instalments .........................................................292 Deductions from category I welfare payments— lump sums ..........................................................293 Subdivision C—School enrolment and attendance 294 123XK 123XL Deductions from category I welfare payments— instalments .........................................................294 Deductions from category
 I welfare payments— lump sums ..........................................................295 Subdivision D—Queensland Commission 296 123XM 123XN 123XO 123XP Deductions from category Q welfare payments— instalments .........................................................296 Deductions from category Q welfare payments— lump sums ..........................................................296 Deductions from category S welfare payments— instalments .........................................................297
Deductions from category S welfare payments— lump sums ..........................................................298 Subdivision DAA—Other State/Territory referrals 299 123XPAA 123XPAB Deductions from category I welfare payments— instalments .........................................................299 Deductions from category I welfare payments— lump sums ..........................................................300 Subdivision DA—Voluntary income management agreements 301 123XPA 123XPB Deductions from category I welfare payments— instalments .........................................................301 Deductions from category I welfare payments— lump sums ..........................................................302 xvi Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Subdivision DB—Economic support payments, economic security strategy payments and household stimulus payments 303 Deductions from 2020 economic support payments ...........................................................................303 Deductions from additional economic support payments ............................................................304 Deductions from economic security strategy payments ............................................................304 Deductions from household stimulus payments 305 123XPBA 123XPBB 123XPC 123XPD Subdivision DC—Relocation scholarship payments 306 123XPG Deductions from relocation scholarship payments ...........................................................................306 Subdivision DE—Clean energy income-managed payments 306 123XPJ Deductions from clean energy income-managed payments ............................................................306 Subdivision DF—ETR income-managed payments 307 Deductions from ETR income-managed payments ...........................................................................307 123XPK Subdivision E—Deducted amount taken to have been paid 308 Deducted amount taken to have been paid
 ........308 123XQ Division 6—Debits from income management accounts Subdivision A—General 309 309 123YA 123YB Priority needs—application of income management account..........................................309 Secretary must have regard to the best interests of children ..............................................................310 Subdivision B—Restricted debits 123YC 123YD 123YE 123YF 123YG 123YH 123YI 123YJ 123YK 311 Vouchers—general ............................................311 Vouchers—Part 3B payment nominee ..............312 Stored value cards—general ..............................314 Stored value cards—Part 3B payment nominee 316 Expense payment—general ...............................318 Expense payment—Part 3B payment nominee .320 Crediting of account—general...........................321 Crediting of account—Part 3B payment nominee ...........................................................................323 Transfers to accounts—general .........................325 Social Security (Administration) Act 1999 xvii Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege 123YL 123YM 123YN Transfers to accounts—Part 3B payment nominee ...........................................................................327 Restricted direct payment—general...................328 Restricted direct payment—Part 3B payment nominee..............................................................331 Subdivision C—Unrestricted debits 123YO 123YP
 Subdivision D—Miscellaneous action 334 Unrestricted direct payment—general ...............334 Unrestricted direct payment—Part 3B payment nominee..............................................................336 338 Miscellaneous action..........................................338 Credit of income management account in error.340 341 Information-gathering powers—school enrolment and attendance....................................................341 Child protection—notice of cancellation of category H welfare
 payments ............................341 Queensland Commission—notice of cancellation of welfare payments...........................................342 Other State/Territory referrals—notice of cancellation of category H welfare payments....342 Disclosure of information to the Secretary—child protection ...........................................................343 Disclosure of information to the Secretary— Queensland Commission ...................................343 Disclosure of information to the Secretary—other State/Territory referrals......................................344 Disclosure of information to the Secretary—school enrolment and attendance ..................................345 123YQ 123YR Division 7—Information 123ZB 123ZC 123ZD 123ZDA 123ZE 123ZEA 123ZEAA 123ZEB Division 8—Debt recovery etc.
346 123ZF 123ZG 123ZH 123ZI 123ZIA Person other than payee obtaining payment of a cheque ................................................................346 Misuse of vouchers and stored value cards .......347 Repayment of money credited to an account.....348 Breach of condition relating to crediting of account ...............................................................349 Balance of income management account falls below value of action taken under Division 6 ...350 xviii Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege 123ZJ 123ZJA Value of action taken under Division 6 exceeds credit balance of income management account .351 Action purportedly taken under Division 6 as a result of administrative error..............................354 Division 9—Miscellaneous 123ZK 357 Secretary must comply with certain directions given by the Queensland Commission...............357 Surrender of unused vouchers and unused stored value cards .........................................................357 Vouchers ............................................................358 Appropriation.....................................................359 Recording of amounts in accounts and records .360 This Part has effect despite other provisions etc.
...........................................................................360 123ZL 123ZM 123ZN 123ZNA 123ZO Social Security (Administration) Act 1999 xix Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Preliminary Part 1 Section 1 An Act to provide for the administration of the social security law, and for related purposes Part 1—Preliminary 1 Short title This Act may be cited as the Social Security (Administration) Act 1999.
2 Commencement (1) Subject to subsections (2) and (3), this Act commences on 20 March 2000.

(2) This Part and section 257 commence on the day on which this Act receives the Royal Assent.

(3) Section 54 commences on 1 July 2000.

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

3 Interpretation (1) Unless a contrary intention appears, an expression that is defined in Schedule 1 has in this Act the meaning given in that Schedule.
(2) Unless a contrary intention appears, an expression that is used in the 1991 Act has the same meaning, when used in this Act, as in the 1991 Act.

Social Security (Administration) Act 1999 1 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 1 Preliminary Section 5 (5) To the extent that a provision of this Act relates to a double orphan pension, a reference in the provision to a person includes a reference to an approved care organisation.
(6) Unless a contrary intention appears, a reference in this Act (other than section 243) to this Act includes a reference to regulations made under section 243.

5 Manner of giving notice (1) If a provision of the social security law requires that a written notice be given to a person, it is sufficient compliance with that provision if the notice is given in a manner approved by the Secretary.
(2) Nothing in subsection (1) prevents a notice being given in accordance with section 28A of the Acts Interpretation Act 1901.

6 Effect of certain determinations If the social security law provides that a determination takes effect on a day (the earlier day) before the day on which the determination is made, the social security law has effect as if the determination had taken effect on the earlier day.
6A Secretary may arrange for use of computer programs to make decisions (1) The Secretary may arrange for the use, under the Secretary’s control, of computer programs for any purposes for which the Secretary or any other officer may make decisions under the social security law.

Note: The definition of decision in the 1991 Act applies for the purposes of this section: see subsection 3(2) of this Act.

That definition covers the doing of any act or thing.
This means, for example, that the doing of things under subsection 202(1) or (2) of this Act are decisions for the purposes of this section.

2 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Preliminary Part 1 Section 6B (2) A decision made by the operation of a computer program under an arrangement made under subsection (1) is taken to be a decision made by the Secretary.

6B Norfolk Island This Act extends to Norfolk Island.
Social Security (Administration) Act 1999 3 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 2 General administration of social security law Section 7 Part 2—General administration of social security law 7 General administration of social security law The Secretary is, subject to any direction of the Minister, to have the general administration of the social security law.
8 Principles of administration In administering the social security law, the Secretary is to have regard to: (a) the desirability of achieving the following results: (i) the ready availability to members of the public of advice and information services relating to income support generally and to the social security payments that are available; (ii) the ready availability of publications containing clear statements about income support entitlements and procedural requirements; (iii) the delivery of services under the law in a fair, courteous, prompt and cost-efficient manner; (iv) the development of a process of monitoring and evaluating delivery of programs with an emphasis on the impact of programs on social security recipients; (v) the establishment of procedures to ensure that abuses of the social security system are minimised; and (b) the special needs of disadvantaged groups in the community; and (c) the need to be responsive to the interests of the Aboriginal and Torres Strait Islander communities and to cultural and linguistic diversity; and (d) the importance of the system of review of decisions under the social security law; and 4 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege General administration of social security law Part 2 Section 10 (e) the need to ensure that social security recipients have adequate information regarding the system of review of decisions under the social security law; and (f) the need to apply government policy in accordance with the law and with due regard to relevant decisions of the Administrative Appeals Tribunal.
10 Agreement on administrative arrangements (2) The Secretary and the Employment Secretary may agree on administrative arrangements to further the objectives of Part 2.12 of the 1991 Act.

(3) Administrative arrangements agreed on under subsection (2) may provide for officers of the Employment Department to perform functions or duties, or exercise powers, under Part 2.12 of the 1991 Act.
Social Security (Administration) Act 1999 5 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 1 Claim for social security payment or concession card Section 11 Part 3—Provision of benefits Division 1—Claim for social security payment or concession card Subdivision A—Need for claim 11 General rule (1) Subject to subsections (2) and (3) and Subdivision B, a person who wants to be granted: (a) a social security payment; or (b) a concession card; must make a claim for the payment or card in accordance with this Division.
(2) Subsection (1) does not apply to a concession card for which a person is qualified under Division 1 of Part 2A.1 of the 1991 Act or under Subdivision A of Division 3 of that Part.

(3) Subsection (1) does not apply to a seniors health card that the Secretary must issue to a person under subsection 1061ZJA(3) or (4) of the 1991 Act.
Subdivision B—Cases where claim not necessary 12 Deemed claim in certain cases (1) The Secretary may determine that, for the purposes of the social security law, a person is taken to have made a claim for an income support payment (the new payment), if: (a) the person became qualified for the new payment while receiving another income support payment; or (b) the person became qualified for the new payment immediately after ceasing to receive another income support payment.
6 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Claim for social security payment or concession card Division 1 Section 12A (2) The person is taken to have made the claim for the new payment on the day specified in the Secretary’s determination.
That day must not be earlier than: (a) the day that is 13 weeks before the day on which the Secretary’s determination is made; or (b) if the person became qualified for the new payment after the day referred to in paragraph (a)—the day on which the person became qualified for the new payment.

12A One-off payment to the aged A claim is not required for one-off payment to the aged.
12AA One-off payments to carers A claim is not required for the following: (a) one-off payment to carers (carer allowance related); (b) one-off payment to carers (carer payment related); (c) 2005 one-off payment to carers (carer payment related); (d) 2005 one-off payment to carers (carer service pension related); (e) 2005 one-off payment to carers (carer allowance related); (f) 2006 one-off payment to carers (carer payment related); (g) 2006 one-off payment to carers (wife pension related); (h) 2006 one-off payment to carers (partner service pension related); (i) 2006 one-off payment to carers (carer service pension related); (j) 2006 one-off payment to carers (carer allowance related); (k) 2007 one-off payment to carers (carer payment related); (l) 2007 one-off payment to carers (wife pension related); (m) 2007 one-off payment to carers (partner service pension related); (n) 2007 one-off payment to carers (carer service pension related); Social Security (Administration) Act 1999 7 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 1 Claim for social security payment or concession card Section 12AB (o) 2007 one-off payment to carers (carer allowance related); (p) 2008 one-off payment to carers (carer payment related); (q) 2008 one-off payment to carers (wife pension related); (r) 2008 one-off payment to carers (partner service pension related); (s) 2008 one-off payment to carers (carer service pension related); (t) 2008 one-off payment to
 carers (carer allowance related).
12AB Economic security strategy payment and training and learning bonus A claim is not required for an economic security strategy payment or training and learning bonus.

12AC One-off energy assistance payment A claim is not required for a one-off energy assistance payment under Part 2.6 of the 1991 Act.

12AD 2019 one-off energy assistance payment A claim is not required for a one-off energy assistance payment under Part 2.6A of the 1991 Act.
12AE 2020 economic support payment A claim is not required for: (a) a first 2020 economic support payment under Division 1 of Part 2.6B of the 1991 Act; or (b) a second 2020 economic support payment under Division 2 of Part 2.6B of the 1991 Act.
12AF Additional economic support payments A claim is not required for: 8 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Claim for social security payment or concession card Division 1 Section 12B (a) an additional economic support payment 2020 under Division 1 of Part 2.6C of the 1991 Act; or (b) an additional economic support payment 2021 under Division 2 of Part 2.6C of the 1991 Act.
12B Language, literacy and numeracy supplement A claim is not required for language, literacy and numeracy supplement.

12C Utilities allowance A claim is not required for utilities allowance.

12D Energy supplement A claim is not required for energy supplement under Part 2.25B of the 1991 Act.

12DA Quarterly pension supplement A claim is not required for quarterly pension supplement.

12DB Quarterly energy supplement A claim is not required for quarterly energy supplement.
12E Child disability assistance A claim is not required for child disability assistance.

12F Carer allowance A claim is not required for carer allowance if the person qualifies for the carer allowance under section 954B.
Social Security (Administration) Act 1999 9 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 1 Claim for social security payment or concession card Section 12G 12G Carer supplement A claim is not required for carer supplement.

12H Relocation scholarship payment A claim is not required for a relocation scholarship payment.

12K Clean energy advance A claim is not required for a clean energy advance.
12L FHA supplement and relief payment A claim is not required for FHA supplement or relief payment.
13 Deemed claim—person contacting Department about a claim for a social security payment (1) For the purposes of the social security law, if: (a) the Department is contacted by or on behalf of a person in relation to a claim for a social security payment; and (aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and (b) the person is, on the day on which the Department is contacted, qualified for the social security payment; and (d) the person lodges a claim for the social security payment within 14 days after the Department is contacted; the person is taken to have made a claim for the social security payment on the day on which the Department was contacted.
(2) For the purposes of the social security law, if: (a) the Department is contacted by or on behalf of a person in relation to a claim for a social security payment, other than crisis payment or special employment advance; and 10 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Claim for social security payment or concession card Division 1 Section 13 (aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and (b) the person is, on the day on which the Department is contacted, qualified for the social security payment; and (d) the person lodges a claim for the payment more than 14 days, but not more than 13 weeks, after the Department is contacted; and (e) the Secretary is satisfied that: (i) throughout the period starting on the day on which the Department was contacted and ending on the day on which the person lodged the claim, the person was suffering from a medical condition; and (ii) that medical condition, or circumstances related to that medical condition, had a significant adverse effect on the person’s ability to lodge the claim earlier; the person is taken to have made a claim for the social security payment on the day on which the Department was contacted.
(3) For the purposes of the social security law, if: (a) the Department is contacted by or on behalf of a person (the claimant) in relation to a claim for a social security payment, other than crisis payment or special employment advance; and (aa) the claimant is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and (b) the claimant is, on the day on which the Department is contacted, qualified for the social security payment; and (d) the claimant lodges a claim for the payment more than 14 days, but not more than 13 weeks, after the Department is contacted; and (e) the Secretary is satisfied that: (i) throughout the period starting on the day on which the Department was contacted and ending on the day on Social Security (Administration) Act 1999 11 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 1 Claim for social security payment or concession card Section 13 which the claimant lodged the claim, the claimant was caring for, or was the partner of, another person; and (ii) throughout that period, the other person suffered from a medical condition; and (iii) the medical condition, or circumstances related to the medical condition, from which the other person was suffering had a significant adverse effect on the claimant’s ability to lodge the claim earlier; the claimant is taken to have made a claim for the social security payment on the day on which the Department was contacted.
(3A) For the purposes of the social security law, if: (a) the Department is contacted by or on behalf of a person in relation to a claim for a social security payment; and (aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and (b) the person is, on the day on which the Department is contacted, qualified for the social security payment; and (d) the person lodges a claim for the social security payment more than 14 days, but not more than 13 weeks, after the Department is contacted; and (e) the Secretary is satisfied that, in the special circumstances of the case, it was not reasonably practicable for the person to lodge the claim earlier; the person is taken to have made a claim for the social security payment on the day on which the Department was contacted.
(4) A reference in this section to the Department being contacted includes a reference to the Department being contacted by post or telephone or by the transmission of a message by the use of fax, computer equipment or other electronic means.

(5) This section has effect subject to section 18.
12 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Claim for social security payment or concession card Division 1 Section 14 14 Deemed claim—person contacting Department about a claim for a concession card (1) For the purposes of the social security law, if: (a) the Department is contacted by or on behalf of a person in relation to a claim for a concession card; and (aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and (b) the person is, on the day on which the Department is contacted, qualified for the concession card; and (d) the person lodges a claim for the concession card within 14 days after he or she contacts the Department; the person is taken to have made a claim for the concession card on the day on which the Department was contacted.
(2) For the purposes of the social security law, if: (a) the Department is contacted by or on behalf of a person in relation to a claim for a concession card; and (aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and (b) the person is, on the day on which the Department is contacted, qualified for the concession card; and (d) the person lodges a claim for the concession card more than 14 days, but not more than 13 weeks, after the Department is contacted; and (e) the Secretary is satisfied that: (i) throughout the period starting on the day on which the Department was contacted and ending on the day on which the person lodged the claim, the person was suffering from a medical condition; and (ii) that medical condition, or circumstances related to that medical condition, had a significant adverse effect on the person’s ability to lodge the claim earlier; Social Security (Administration) Act 1999 13 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 1 Claim for social security payment or concession card Section 14 the person is taken to have made a claim for the concession card on the day on which the Department was contacted.
(3) For the purposes of the social security law, if: (a) the Department is contacted by or on behalf of a person (the claimant) in relation to a claim for a concession card; and (aa) the claimant is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and (b) the claimant is, on the day on which the Department is contacted, qualified for the concession card; and (d) the claimant lodges a claim for the concession card more than 14 days, but not more than 13 weeks, after the Department is contacted; and (e) the Secretary is satisfied that: (i) throughout the period starting on the day on which the Department was contacted and ending on the day on which the claimant lodged the claim, the claimant was caring for, or was the partner of, another person; and (ii) throughout that period, the other person suffered from a medical condition; and (iii) the medical condition, or circumstances related to the medical condition, from which the other person was suffering had a significant adverse effect on the claimant’s ability to lodge the claim earlier; the claimant is taken to have made a claim for the concession card on the day on which the Department was contacted.
(3A) For the purposes of the social security law, if: (a) the Department is contacted by or on behalf of a person in relation to a claim for a concession card; and (aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and (b) the person is, on the day on which the Department is contacted, qualified for the concession card; and 14 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Claim for social security payment or concession card Division 1 Section 14A (d) the person lodges a claim for the concession card more than 14 days, but not more than 13 weeks, after the Department is contacted; and (e) the Secretary is satisfied that, in the special circumstances of the case, it was not reasonably practicable for the person to lodge the claim earlier; the person is taken to have made a claim for the concession card on the day on which the Department was contacted.
(4) A reference in this section to the Department being contacted includes a reference to the Department being contacted by post or telephone or by the transmission of a message by the use of fax, computer equipment or other electronic means.

14A Determination for purposes of sections 13 and 14 The Minister may, by legislative instrument, determine a class of persons for the purposes of paragraphs 13(1)(aa), (2)(aa), (3)(aa) and (3A)(aa) and 14(1)(aa), (2)(aa), (3)(aa) and (3A)(aa).
15 Deemed claim—incorrect or inappropriate claims (1) For the purposes of the social security law, if: (a) a person makes an incorrect claim; and (b) the person subsequently makes a claim for a social security payment for which the person is qualified; and (c) the Secretary is satisfied that it is reasonable that this subsection be applied; the person is taken to have made a claim for that social security payment on the day on which he or she made the incorrect claim.
(2) For the purposes of this section, a claim made by a person is an incorrect claim if: (a) the claim is for a social security payment, other than a supplementary payment; and Social Security (Administration) Act 1999 15 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 1 Claim for social security payment or concession card Section 15 (b) when the claim was made, the person was not qualified for the payment claimed but was qualified for another social security payment, other than a supplementary payment.
(3) For the purposes of this section, a claim made by a person is an incorrect claim if: (a) the claim is for a supplementary payment; and (b) when the claim was made, the person was not qualified for the payment claimed but was qualified for another supplementary payment.
(4) For the purposes of the social security law, if: (a) a person makes a claim for a pension, allowance, benefit or other payment under a law of the Commonwealth, other than this Act or the 1991 Act, or under a program administered by the Commonwealth, that is similar in character to a social security payment, other than a supplementary payment (the initial claim); and (b) when the claim was made, the person was qualified for a social security payment, other than a supplementary payment; and (c) the person subsequently makes a claim for the social security payment referred to in paragraph (b) (the later claim); and (d) the Secretary is satisfied that it is reasonable that this subsection be applied; the person is taken to have made the later claim on the day on which the initial claim was made.
(4A) For the purposes of the social security law, if: (a) a person makes a claim for an income support payment (the initial claim); and (b) on the day on which the initial claim is made, the person is qualified for another income support payment (the other income support payment); and (c) the person subsequently makes a claim for the other income support payment (the later claim); and 16 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Claim for social security payment or concession card Division 1 Section 15A (d) the Secretary is satisfied that it is reasonable that this subsection be applied; the person is taken to have made the later claim on the day on which the initial claim was made.
(4B) For the purposes of the social security law, if: (a) a person makes a claim for a supplementary payment (the initial claim); and (b) on the day on which the initial claim is made, the person is qualified for another supplementary payment (the other supplementary payment); and (c) the person subsequently makes a claim for the other supplementary payment (the later claim); and (d) the Secretary is satisfied that it is reasonable that this subsection be applied; the person is taken to have made the later claim on the day on which the initial claim was made.
(5) In this section: supplementary payment means: (a) carer allowance; or (b) double orphan pension; or (c) education entry payment; or (i) mobility allowance; or (j) pensioner education supplement.
15A Deemed claim—certain claims for carer allowance Claim for carer payment rejected (1) For the purposes of the social security law, if: (a) on or after 1 July 2009, a person (the carer) makes a claim for a carer payment for caring for a person because the carer is qualified for the payment other than under paragraph 198(2)(d); and Social Security (Administration) Act 1999 17 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 1 Claim for social security payment or concession card Section 15A (b) the Secretary makes a determination rejecting the claim; and (c) within 28 days of being notified of the determination, the carer makes a claim for carer allowance for caring for the person; and (d) the carer is qualified under section 953 of the 1991 Act for carer allowance for the person; and (e) the Secretary is satisfied that it is reasonable that this section be applied; the carer is taken to have made a claim for carer allowance on the day on which the carer made the claim for a carer payment.
Carer payment suspended or cancelled (2) For the purposes of the social security law, if: (a) on or after 1 July 2009, a person (the carer) is receiving the carer payment for caring for one or more persons because the carer is qualified for the payment other than under paragraph 198(2)(d); and (b) the Secretary makes a determination cancelling or suspending the carer’s carer payment; and (c) within 28 days of being notified of the determination, the carer makes a claim for carer allowance for caring for the person; and (d) the carer is qualified under section 953 of the 1991 Act for carer allowance for the person; and (e) the Secretary is satisfied that it is reasonable that this section be applied; the carer is taken to have made a claim for carer allowance on the day after the day on which the cancellation or suspension took effect.
18 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Claim for social security payment or concession card Division 1 Section 16 Subdivision C—Manner of making a claim 16 How to make a claim (1) A person makes a claim for a social security payment or a concession card: (a) by lodging a written claim for the payment or card; or (b) by making the claim in accordance with subsection (7).
(2) A written claim for the purpose of subsection (1) for one social security payment or for a concession card must be in accordance with a form approved by the Secretary.

(3) Two or more written claims by the same person may be combined in one claim.

Such a claim must be made in accordance with a form approved by the Secretary for the purposes of this subsection.
(4) A written claim is lodged by being delivered: (a) to a person apparently performing duties at a place approved for the purpose by the Secretary; or (b) to a person approved for the purpose by the Secretary; or (c) in a manner, and to a place, approved for the purpose by the Secretary.

(5) Subject to subsection (6), a place or person approved for the purposes of subsection (4) must be a place or person in Australia.
(6) The Secretary may approve a place or person outside Australia for the purposes of subsection (4) for the lodgment of: (a) claims made under a scheduled international social security agreement; or (b) claims for AGDRP in relation to a major disaster that occurred outside Australia; or (c) claims for AVTOP.

(7) A person may make a claim in a manner approved by the Secretary for the purposes of this subsection.
Social Security (Administration) Act 1999 19 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 1 Claim for social security payment or concession card Section 17 (8) The power of the Secretary to make an approval under subsection (7) is not limited by any other provision of this section.
17 Special requirements regarding claims for pension bonus (1) A claim for pension bonus must be: (a) attached to a proper claim made by the person for age pension and lodged together with that claim for age pension; or (b) made in accordance with an invitation under subsection (3); or (c) the subject of a determination under subsection (5).
(2) A claim for pension bonus may be made even though it is not certain whether the person will start to receive an age pension at or after the time when the person makes the claim.

The claim has effect as a claim that is contingent on the person receiving an age pension.
(3) If: (a) a person makes a claim for an age pension; and (b) the claim is in accordance with a form that does not require the claimant to disclose whether the claimant is registered as a member of: (i) the pension bonus scheme; or (ii) the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; and (c) the person is, to the knowledge of the Secretary, registered as a member of the pension bonus scheme; and (d) a claim by the person for pension bonus is not attached to the claim for age pension; the Secretary must give the claimant a written notice inviting the claimant to lodge a claim for pension bonus: (e) within such period after the lodgment of the claim for age pension as is specified in the notice; and (f) at such place as in specified in the notice.
20 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Claim for social security payment or concession card Division 1 Section 18 (4) If a claim for pension bonus is made in accordance with an invitation under subsection (3), the person is taken to have claimed the pension bonus at the same time as the person claimed age pension.
(5) If: (a) a person who is a registered member of the pension bonus scheme lodges a claim for age pension; and (b) a claim for pension bonus for the person is lodged after the claim for age pension; and (c) the Secretary is satisfied that, having regard to guidelines (if any) made under subsection (6), special circumstances apply in relation to the lodgment of the claim for pension bonus; the Secretary may determine that the claim for the pension bonus is taken to have been made at the time the person claimed age pension.
(6) The Secretary may, by legislative instrument, make guidelines for the purposes of subsection (5).

18 Additional provisions regarding claim for special employment advance (1) A claim for special employment advance must specify the amount of special employment advance sought.
(2) Subject to subsection (3), if a claim based on the effect of the unreceived income on the claimant’s special employment advance qualifying entitlement is lodged before the first day for which the entitlement is not payable or is reduced as a result of the claimant, or the claimant’s partner, having earned the income, the claim is taken to have been made on that day.
(3) If: (a) the claimant’s special employment advance qualifying entitlement referred to in subsection (2) is an entitlement in Social Security (Administration) Act 1999 21 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 1 Claim for social security payment or concession card Section 19 respect of which the Secretary has determined that this subsection applies; and (b) the claim is lodged before the day referred to in subsection (2); the Secretary may treat the claim as having been made on a day earlier than the day referred to in subsection (2) that the Secretary considers appropriate having regard to the kind of entitlement concerned.
(4) A claim based on the need for financial assistance from the Commonwealth to take up offered employment must set out: (a) particulars (including the duration) of the employment; and (b) the way in which the financial assistance is to be expended to enable the claimant to take up the employment.
19 Special requirements regarding claims for essential medical equipment payment (1) A claim for an essential medical equipment payment must include a statement by the person making the claim that the medical equipment to which the claim relates is used in the relevant EMEP residence.
(2) If: (a) a person who provides care and attention for a person with medical needs makes a claim for an essential medical equipment payment; and (b) the person with medical needs is not a dependent child of that or any other person; the claim must be signed by the person with medical needs.

Subdivision E—Time limits for claims for pension bonus 20 Interpretation An expression used in this Subdivision has the same meaning as it has in Part 2.2A of the 1991 Act.
22 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Claim for social security payment or concession card Division 1 Section 21 21 General rule (1) A claim for pension bonus must be made within the lodgment period fixed by this Subdivision.

(2) However, the Secretary may in special circumstances allow a person a longer period to make a claim than the period fixed by this Subdivision.
If the Secretary does so, the lodgment period for the person’s claim is the period allowed by the Secretary.

(3) Subsection (2) does not apply in relation to a claim for which the lodgment period is fixed by subsection 23(1).

22 Last bonus period a full-year period (1) If a person’s last bonus period is a full-year period, the lodgment period for a claim by the person for pension bonus is the period of 13 weeks immediately following that bonus period.
However, this rule does not apply if: (a) the person is an exempt partnered person for the purposes of section 24 at the end of the person’s last bonus period; or (b) the person’s membership of the pension bonus scheme becomes non-accruing immediately after the end of the person’s last bonus period; or (c) the person is a post-75 member of the pension bonus scheme and has a post-75 work period (see subsection 26(2)).
(2) For the purposes of this section, if a person has accrued only one full-year bonus period, that period is the person’s last bonus period.

23 Last bonus period a part-year period (1) If a person’s last bonus period is a part-year period, the lodgment period for a claim by the person for pension bonus is: (a) the period of 13 weeks beginning at the end of that bonus period; or (b) if the Secretary allows a longer period—that longer period.
Social Security (Administration) Act 1999 23 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 1 Claim for social security payment or concession card Section 24 However, this subsection does not apply if: (c) the person is an exempt partnered person (see subsection 24(2)) at the end of the person’s last bonus period; or (d) the person’s membership of the pension bonus scheme becomes non-accruing immediately after the end of the person’s last bonus period; or (e) the person is a post-75 member of the pension bonus scheme and has a post-75 work period (see subsection 26(2)).
(2) If: (a) subsection (1) applies to a person’s claim for pension bonus; and (b) the claim is lodged within a period allowed under paragraph (1)(b); Division 6 of Part 2.2A of the 1991 Act has effect, in relation to the calculation of the amount of that pension bonus, as if the person had not accrued the part-year bonus period.
24 Claim by exempt partnered person (1) If a person is an exempt partnered person at the end of the person’s last bonus period, the lodgment period applicable to the person’s claim for pension bonus is the period: (a) beginning at the end of that bonus period; and (b) ending at: (i) the time of the last occasion on which the person’s partner could have lodged a claim for a pension bonus; or (ii) the end of the period of 13 weeks after the person ceases to be a member of the same couple (whether because of the death of the person’s partner or for any other reason); whichever comes first.
24 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Claim for social security payment or concession card Division 1 Section 25 (2) For the purposes of this section, a person is an exempt partnered person at a particular time if, at that time, the person is a member of a couple and: (a) the person’s partner is an accruing or non-accruing member of the pension bonus scheme; or (b) the person’s partner is an accruing or non-accruing member of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act.
25 Claim where membership has become non-accruing If a person’s membership of the pension bonus scheme becomes non-accruing immediately after the end of the person’s last bonus period, the lodgment period applicable to the person’s claim for pension bonus is the period: (a) beginning at the end of the person’s last bonus period; and (b) ending 13 weeks after the time when the person’s membership of the scheme ceases to be non-accruing.
26 Claim where person has post-75 work period (1) If a post-75 member of the pension bonus scheme has a post-75 work period, the lodgment period for a claim by the person for pension bonus is the period of 13 weeks beginning at the end of the period nominated in the claim as the person’s post-75 work period.
(2) For the purposes of this section, a post-75 member of the pension bonus scheme has a post-75 work period if all of the following requirements are satisfied: (a) the person’s claim for pension bonus nominates a particular period as the person’s post-75 work period; (b) the nominated period begins immediately after the end of the person’s last bonus period; Social Security (Administration) Act 1999 25 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 1 Claim for social security payment or concession card Section 26 (c) if it were assumed that the person had been an accruing member of the pension bonus scheme throughout each test period that is applicable to the person, the person would have passed the work test for each test period.
(3) For the purposes of subsection (2), the test period or test periods applicable to a person are worked out as follows: (a) identify the extended period, which is that part of the nominated period when the person was neither: (i) subject to a compensation preclusion period or a carer preclusion period; nor (ii) covered by a declaration under section 92Q of the 1991 Act; (b) if the extended period is 365 days or less—the extended period is the only test period; (c) if the extended period is longer than 365 days—each of the following periods is a test period: (i) the full-year period beginning at the start of the extended period; (ii) if 2 or more succeeding full-year periods are included in the extended period—each of those full-year periods; (iii) the period (if any) consisting of the remainder of the extended period.
(4) In addition to its effect apart from this subsection, section 93B of the 1991 Act also has the effect it would have if each reference in paragraph 93B(1)(a), (2)(a), (3)(a) or (4)(a) to an accruing member of the pension bonus scheme were a reference to a post-75 member of the scheme.
26 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Claim for social security payment or concession card Division 1 Section 26A Subdivision EA—Time limits for claims for pension bonus bereavement payment 26A General rule A person’s claim for pension bonus bereavement payment must be made within the period of 26 weeks beginning on the day of death of the partner in respect of whom the person is qualified for pension bonus bereavement payment.
26B Extension The Secretary may in special circumstances allow a person a longer period to make a claim than the period under section 26A.

If the Secretary does so, the person’s claim must be made before the end of the period allowed by the Secretary.

Subdivision EB—Time limits for claims for student start-up loans 26C Time limit for claim (1) A person’s claim for a student start-up loan for a qualification period must be made before the end of the qualification period.
(2) Despite subsection (1), a person’s claim for a student start-up loan for a qualification period in which the person is expected to complete the relevant approved scholarship course must be made at least 35 days before the course end date.

Subdivision F—Time limit for claims for fares allowance 27 Time limit for claim (1) Subject to this section, a claim for fares allowance must be lodged in the study year to which the claim relates or before 1 April next following the end of that year (the final date).
Social Security (Administration) Act 1999 27 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 1 Claim for social security payment or concession card Section 27AA (2) A claim for fares allowance may be lodged on or after the final date if the Secretary is satisfied that: (a) the claimant took reasonable steps to lodge the claim, or have the claim lodged, before the final date; and (b) circumstances beyond the claimant’s control prevented the claim being lodged before the final date.
(3) A claim for fares allowance may be lodged on or after the final date if the Secretary is satisfied that: (a) circumstances beyond the claimant’s control prevented the claimant taking reasonable steps to lodge the claim, or have the claim lodged, before the final date; and (b) the claimant has sought to lodge the claim as soon as practicable after those circumstances ceased to exist.
Subdivision FAA—Time limit for claims for Disaster Recovery Allowance 27AA Time limit for claims for Disaster Recovery Allowance (1) A claim for a Disaster Recovery Allowance relating to a Part 2.23B major disaster must be lodged within 6 months after the determination of the disaster under section 36A of the 1991 Act.
(2) However, the claim may be lodged more than 6 months after the determination if the Secretary is satisfied that: (a) there are special circumstances applying to the person’s claim that justify a late lodgement; and (b) the claim is lodged within a reasonable period having regard to those circumstances.
28 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Claim for social security payment or concession card Division 1 Section 27A Subdivision FA—Time limit for claims for AGDRP 27A Time limit for claim (1) A claim for an AGDRP relating to a major disaster must be lodged within 6 months after the determination of the disaster under section 36 of the 1991 Act.
(2) However, the claim may be lodged more than 6 months after the declaration if the Secretary is satisfied that: (a) there are special circumstances applying to the person’s claim that justify a late lodgment; and (b) the claim is lodged within a reasonable period having regard to those circumstances.
Subdivision FB—Time limit for claims for AVTOP 27B Time limit for claims for AVTOP (1) A claim for an AVTOP by a primary victim of a declared overseas terrorist act must be lodged within 2 years after the day the declaration is made under subsection 35B(1) of the 1991 Act.

(2) A claim for an AVTOP by a secondary victim of a declared overseas terrorist act must be lodged within 12 months after the day the close family member to whom the claim relates died.
(3) However, a claim may be lodged after the period referred to in subsection (1) or (2) if the Secretary is satisfied that: (a) there are special circumstances applying to the person’s claim that justify a late lodgment; and (b) the claim is lodged within a reasonable period having regard to those circumstances.
Social Security (Administration) Act 1999 29 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 1 Claim for social security payment or concession card Section 28 Subdivision G—Age requirement for certain claims 28 Claims for disability support pension A person cannot make a claim for a disability support pension unless the person is under the pension age on the day on which the claim is lodged.
Subdivision H—Residence requirements for claimants 29 General rule (1) Subject to sections 30, 30A, 31 and 31A, a claim for a social security payment or a concession card may only be made by a person who: (a) is an Australian resident; and (b) is in Australia.

(2) Subject to sections 30, 30A, 31 and 31A, a claim made at a time when the claimant is not an Australian resident or is not in Australia is taken not to have been made.
30 Residence requirements for claimants for special benefit A claim for special benefit may only be made by a person who: (a) is in Australia; and (b) satisfies one of the following subparagraphs: (i) the person is an Australian resident; (iii) the person holds a visa that is in a class of visas determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the 1991 Act.
30 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Claim for social security payment or concession card Division 1 Section 30A 30A Exclusion from section 29 residence requirement of crisis payment claimants holding certain visas Despite paragraph 29(1)(a), a person who is not an Australian resident may make a claim for a crisis payment if the person is qualified for special benefit because he or she 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) of the 1991 Act.
31 Exclusion of certain claims from requirements of section 29 (1) Section 29 does not apply to a claim for an AGDRP if the claim relates to a major disaster that occurred in Australia or outside Australia.

(1A) Section 29 does not apply to a claim for an AVTOP.

(1B) Section 29 does not apply to a claim for a Disaster Recovery Allowance.
(2) Section 29 does not apply to a claim for parenting payment if: (a) the claimant is an Australian resident; and (b) the claimant, while outside Australia, has been receiving an income support payment; and (c) the income support payment has been cancelled or has ceased to be payable; and (d) the claim is made within 13 weeks after the income support payment was cancelled or ceased to be payable, as the case may be.

(3) Section 29 does not apply to a claim for double orphan pension.
31A Exclusion of certain claims by special category visa holders from section 29 residence requirement Despite paragraph 29(1)(a), a person who is not an Australian resident may make a claim for a social security payment or a concession card if: Social Security (Administration) Act 1999 31 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 1 Claim for social security payment or concession card Section 33 (a) the person is a special category visa holder residing in Australia; and (b) in order to qualify for the payment or concession card concerned, the person is not required to be an Australian resident if the person is a special category visa holder residing in Australia.
Subdivision I—Withdrawal of claim 33 Right to withdraw (1) A claimant for a social security payment or a concession card, or a person acting on behalf of such a claimant, may withdraw a claim that has not been determined.

(2) A claim that is withdrawn is taken not to have been made.

34 Manner of withdrawal (1) A claim may be withdrawn orally or in writing or in any other manner approved by the Secretary.
(2) If: (a) a person claims both a pension bonus and an age pension; and (b) the claim for an age pension is withdrawn; the claim for a pension bonus is taken to have been withdrawn.

(3) If: (a) a person claims both a pension bonus and an age pension; and (b) the claim for an age pension is rejected as a direct or indirect result of the operation of: (i) Division 2 of Part 3.12 of the 1991 Act; or (ii) Part 3.14 of that Act; the claim for a pension bonus is taken to have been withdrawn.
32 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Claim for social security payment or concession card Division 1 Section 35 Subdivision J—Special provision for certain claims 35 Claims by persons in gaol etc.
(1) A person who is: (a) in gaol; or (b) undergoing psychiatric confinement because he or she has been charged with an offence; may make a claim for a social security pension or benefit or for a crisis payment not earlier than 3 weeks before the person’s expected release day.

(2) A day is a person’s expected release day for the purpose of subsection (1) if there are reasonable grounds for believing that the person will be released from gaol or psychiatric confinement on that day.
35A Claims for advance pharmaceutical allowance (1) A person may only make a claim for advance pharmaceutical allowance if the claim is made in accordance with subsection (2), (3) or (4).
(2) A person may make a claim for advance pharmaceutical allowance to be paid in a calendar year if: (a) the person has received an instalment of a social security pension in relation to an instalment period that included 31 December in the previous calendar year; and (b) the claim is lodged within 14 days after the end of that instalment period.
(3) A person may make a claim for advance pharmaceutical allowance to be paid in a calendar year if: (a) the person claims a social security pension in that year; and (b) the claim for advance pharmaceutical allowance is lodged: (i) when the claim for the pension is lodged; or Social Security (Administration) Act 1999 33 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 1 Claim for social security payment or concession card Section 35B (ii) after the claim for the pension is lodged but before that claim is determined.
(4) A person may make a claim for advance pharmaceutical allowance to be paid in a calendar year if: (a) the person has been qualified for pharmaceutical allowance for a period (the qualification period) during the calendar year; and (b) the amount spent by the person during the qualification period on the purchase of pharmaceutical benefits is equal to or greater than the total amount that has been paid to the person in the calendar year by way of: (i) pharmaceutical allowance; and (ii) advance pharmaceutical allowance.
35B Secondary victim claims for AVTOP (1) If a person makes a claim for an AVTOP as a secondary victim in relation to a close family member who has died, the Secretary must make reasonable inquiries as to whether there are other persons (a potential claimant) who may also qualify for an AVTOP as a secondary victim in relation to the same close family member.
(2) If the Secretary considers there are potential claimants, the Secretary must give each of them a written notice stating that: (a) he or she may make a claim for an AVTOP as a secondary victim in relation to the close family member; and (b) he or she must make a claim before the day (the claim due day) specified in the notice; and (c) if he or she fails to make a claim by the claim due day, an AVTOP in relation to the close family member will not be payable to him or her.
(3) The claim due day must be at least 30 days after the day the notice is given to the potential claimant.

34 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Claim for social security payment or concession card Division 1 Section 35B (4) If the Secretary is satisfied that it is appropriate to do so, the Secretary may change the claim due day to a later day.
(5) If the Secretary changes the claim due day under subsection (4), then: (a) the Secretary must change the claim due day for each of the potential claimants to the new claim day; and (b) the Secretary must give each of the potential claimants a written notice of the new claim due day; and (c) the new claim due day is taken to be the day specified in the notice under subsection (2) for the purposes of subparagraph 1061PAC(b)(ii) of the 1991 Act.
Social Security (Administration) Act 1999 35 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 2 Determination of claim Section 36 Division 2—Determination of claim 36 Obligation of Secretary to determine claim (1) Subject to this section, the Secretary must, in accordance with the social security law, determine a claim for a social security payment or a concession card, either granting or rejecting the claim.
(2) If a person claims both a pension bonus and an age pension, the Secretary must not determine the claim for pension bonus until the claim for age pension has been granted.

(3) If more than one person makes a claim for an AVTOP as a secondary victim of a declared overseas terrorist act in relation to the same close family member, the Secretary must determine the claims at the same time.
(4) If a person claims a student start-up loan for a qualification period, the Secretary may determine the person’s claim at a time the Secretary considers appropriate, having regard to the principle that, for a claim made before the start of the period of study concerned for the relevant approved scholarship course, the time should generally be close to the start of that period of study.

Note: For approved scholarship course, see section 592M of the 1991 Act.
(5) Nothing in subsection (4) affects the operation of section 39.

37 Grant of claim (1) Subject to this section and section 40, the Secretary must determine that a claim for a social security payment is to be granted if the Secretary is satisfied that: (a) the claimant is qualified for the social security payment; and (b) the social security payment is payable.
(1A) The Secretary must determine that a claim for parenting payment is to be granted if the Secretary is satisfied that: 36 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Determination of claim Division 2 Section 37 (a) the claimant is qualified, or is expected to be qualified, for the payment; and (b) the payment would be payable apart from the application of a compliance penalty period.
(2) The Secretary must determine that a claim for a jobseeker payment is to be granted if the Secretary is satisfied that: (a) the claimant is qualified, or is expected to be qualified, for the payment; and (b) the payment would be payable apart from: (i) the application of a waiting period; or (ii) the application of a compliance penalty period; or (v) the application of an income maintenance period where the rate of jobseeker payment payable to the person is nil; ornil.
(vi) the operation of section 615 of the 1991 Act.

(3) The Secretary must determine that a claim for a social security payment to which this subsection applies is to be granted if the Secretary is satisfied that: (a) the person is qualified, or is expected to be qualified, for the payment; and (b) the payment would be payable if the person were not subject to a seasonal work preclusion period.
(4) Subsection (3) applies to the following social security payments: (c) jobseeker payment; (d) parenting payment; (e) partner allowance; (f) widow allowance; (g) youth allowance; (ga) special benefit; (h) disability support pension; (j) carer payment; (k) austudy payment.
Social Security (Administration) Act 1999 37 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 2 Determination of claim Section 37 (5) If: (a) a determination has been made under subsection (1) granting a claim for a jobseeker payment to a person who was qualified for the payment under subsection 593(1B) of the 1991 Act; and (b) the person ceases to be qualified for the payment under subsection 593(1B) of the 1991 Act but becomes qualified for the payment under subsection 593(1) of that Act within 14 days after the person ceased to be qualified under subsection 593(1B); the Secretary may make a determination varying the first-mentioned determination to give effect to any change in the person’s start day.
(6) The Secretary must determine that a claim for youth allowance or austudy payment is to be granted if the Secretary is satisfied that: (a) the person is qualified, or is expected to be qualified, for the allowance or payment; and (b) the allowance or payment would be payable, apart from: (i) the application of a waiting period; or (ii) the application of a compliance penalty period; or (v) the application of an income maintenance period where the rate of allowance or payment payable to the person is nil; ornil.
(vi) if the claim is a claim for youth allowance the operation of section 547AA of the 1991 Act.
(7) The Secretary must determine that a claim made in accordance with section 35 for a social security pension or benefit or for a crisis payment is to be granted if the Secretary is satisfied that: (a) the claimant: (i) is in gaol; or (ii) is undergoing psychiatric confinement because he or she has been charged with an offence; and (b) the claimant is expected to be in gaol or undergoing psychiatric confinement for at least 14 days; and 38 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Determination of claim Division 2 Section 37 (c) there are reasonable grounds for believing that the claimant will be released from gaol or psychiatric confinement on or before the day that is the claimant’s expected release day for the purposes of subsection 35(1); and (d) either: (i) in the case of a claim for a social security pension or benefit, the claimant is qualified for the pension or benefit; or (ii) in any case, the claimant is expected to be qualified for the pension, benefit or payment immediately after the claimant is released from gaol or psychiatric confinement; and (e) the pension, benefit or payment is expected to be payable to the claimant immediately after the claimant is released from gaol or psychiatric confinement.
(8) The Secretary must make a determination granting a claim for a concession card if the Secretary is satisfied that the claimant is qualified for the card.

Note: In some cases, the Secretary must not make a determination granting a claim for a seniors health card or an income-tested health care card if the Secretary makes a request under subsection 75(2) or (3) of the claimant (about providing tax file numbers): see subsection 77(1).
(9) A determination under subsection (8) granting a claim for a seniors health card: (a) must specify the period at the end of which the determination ceases to have effect; and (b) unless it has already been cancelled, ceases to have effect at the end of that period.
(10) A determination under subsection (8) granting a claim for a health care card under Subdivision B of Division 3 of Part 2A.1 of the 1991 Act: (a) must specify the period at the end of which the determination ceases to have effect; and Social Security (Administration) Act 1999 39 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 2 Determination of claim Section 37AA (b) unless it has already been cancelled, ceases to have effect at the end of that period.
(11) The Minister may, by legislative instrument, determine the periods that are to be specified in determinations for the purposes of subsections (9) and (10).
37AA Grant of claim—schooling requirements (1) Without limiting subsection 37(1), the Secretary must determine that a claim for a schooling requirement payment is to be granted if the Secretary is satisfied that: (a) the person is qualified, or is expected to be qualified, for the payment; and (b) the payment would be payable if it were not for the application of subsection 124G(1), 124L(1) or 124NE(1).
(2) Subsection (1) does not apply to a schooling requirement payment under the Veterans’ Entitlements Act.

Note 1: Note 2: Schooling requirement payments are social security benefits, social security pensions and certain payments under the Veterans’ Entitlements Act (see section 124D of this Act).
Section 124G and 124L provide that a schooling requirement payment is not payable to a person if he or she fails to comply with an enrolment notice or an attendance notice after the end of an initial compliance period (unless he or she has a reasonable excuse or special circumstances apply).

Section 124NE provides that a schooling requirement payment is not payable to a person if he or she fails to comply with a compliance notice (subject to exceptions in that section).
Note 3: If the payment is suspended under section 124H, 124M or 124NF (because of the application of subsection 124G(1), 124L(1) or 124NE(1)) on the day the claim is granted, the start day for the payment is deferred until the suspension ends (at the earliest) (see clause 5 of Schedule 2).
40 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Determination of claim Division 2 Section 37A 37A Duration of certain health care cards (1) A seniors health card expires at the end of the period specified, for the purposes of subsection 37(9), in the determination granting the claim for the card.
(1A) However, subsection (1) does not apply to a seniors health card issued under subsection 1061ZJA(3) or (4) of the 1991 Act.

(2) A health care card granted to a person qualified for the card under Subdivision B of Division 3 of Part 2A.1 of the 1991 Act expires at the end of the period specified, for the purposes of subsection 37(10), in the determination granting the claim for the card.
(3) A person to whom a concession card referred to in subsection (1) or (2) has been granted may make a claim for a further concession card before the first-mentioned card expires.
38 Refusal of claim for special employment advance (1) Subject to subsection (2), the Secretary must refuse a claim for special employment advance if: (a) the claim is based on the effect of unreceived income on the claimant’s special employment advance qualifying entitlement; and (b) the Secretary is satisfied that the income will be received within 2 days after the claim is made.
(2) Subsection (1) does not apply if the Secretary considers that the claimant’s financial needs are such that the claim should be granted.

(3) In this section: unreceived income has the same meaning as in subsection 1061EM(1) of the 1991 Act.
39 Deemed refusal of claim Social Security (Administration) Act 1999 41 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 2 Determination of claim Section 39 (1) Subject to subsections (3) and (9), if the Secretary does not make a determination regarding a claim within the period of 13 weeks after the day on which the claim was made, the Secretary is taken to have made, at the end of that period, a determination rejecting the claim.
(3) If: (a) a person makes a claim for a social security payment that is a relevant social security payment for the purposes of subclause 4(1) of Schedule 2; and (b) the person is not, on the day on which the claim is made, qualified for the payment; and (c) assuming the person does not sooner die, the person will, because of the passage of time or the occurrence of an event, become qualified for the payment within the period of 13 weeks after the day on which the claim is made; and (d) the person becomes so qualified within that period; the claim is taken, for the purposes of subsection (1), to be made on the day on which the person becomes qualified.
(4) If the Secretary asks a person who has made a claim for a social security payment or a concession card or another person for information in relation to the claim, the period that: (a) begins on the day on which the Secretary asks for the information; and (b) ends on the day on which the information is given to the Secretary; is not counted for the purpose of subsection (1).
(5) If: (a) a person makes a claim (the actual claim); and (b) apart from this subsection, the person would, by virtue of section 13 or 14, be taken to have made the claim on a particular day; 42 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Determination of claim Division 2 Section 40 then, in spite of section 13 or 14, as the case may be, a reference in subsection (1) of this section to the day on which the claim was made is a reference to the day on which the actual claim was made.
(6) The Secretary may determine that a specified period, being a period that is longer than 13 weeks, applies for the purposes of claims for an AVTOP in relation to a declared overseas terrorist act.
(7) If, under subsection (6), there is a determination of a period in force for the purposes of claims for an AVTOP in relation to a declared overseas terrorist act, then this Act applies to those claims as if references in subsections (1) and (3) to the period of 13 weeks were references to the period referred to in the determination.

(8) A determination under subsection (6) is not a legislative instrument.
(9) A claim for a student start-up loan for a qualification period made before the start of the qualification period is taken to have been made on the first day of the qualification period.
40 Rejection of claim for failure to obtain foreign payment (1) The Secretary may make a determination rejecting a claim for a social security payment if: (a) the claimant has been given a notice under subsection 66(2); and (b) the Secretary is not satisfied that the claimant has taken reasonable action to obtain a comparable foreign payment at the highest rate applicable to the claimant within the period specified in the notice.
(2) The Secretary may make a determination rejecting a claim for a social security payment if: (a) the claimant has been given a notice under subsection 66(3); and Social Security (Administration) Act 1999 43 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 2 Determination of claim Section 40 (b) the Secretary is not satisfied that the claimant’s partner has taken reasonable action to obtain a comparable foreign payment at the highest rate applicable to the partner within the period specified in the notice.
44 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Employment pathway plans Division 2A Section 40A Division 2A—Employment pathway plans Note: The powers of the Employment Secretary under this Division may be delegated under section 234 (including to a person engaged by an organisation that performs services for the Commonwealth).
Subdivision A—Entry into employment pathway plans 40A Requirement to enter into employment pathway plans No existing employment pathway plan in force (1) The Employment Secretary may require a person to enter into an employment pathway plan if an employment pathway plan is not in force in relation to the person and one of the following applies: (a) either: (i) the person is receiving, or has made a claim for, a jobseeker payment or a youth allowance; or (ii) the Department is contacted by or on behalf of the person in relation to a claim for a jobseeker payment or a youth allowance; (b) the person is someone to whom paragraph 500(1)(c) or (ca) of the 1991 Act applies and either: (i) the person is receiving, or has made a claim for, parenting payment; or (ii) the Department is contacted by or on behalf of the person in relation to a claim for parenting payment; (c) the person is a nominated visa holder and either: (i) the person is receiving, or has made a claim for, a special benefit; or (ii) the Department is contacted by or on behalf of the person in relation to a claim for special benefit.
Social Security (Administration) Act 1999 45 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 2A Employment pathway plans Section 40B Existing employment pathway plan already in force (2) If an employment pathway plan is in force in relation to a person, the Employment Secretary may require the person to enter into another plan instead of the existing one.
Notification of requirement (3) The Employment Secretary must notify a person who is required to enter into an employment pathway plan of the requirement.

The notification: (a) must give the person the option of entering into the plan under section 40D; and (b) may also give the person the option of entering into the plan under section 40E, taking into account the person’s circumstances.
40B Use of technological processes (1) The Employment Secretary may arrange for the use of technological processes in relation to the following: (a) persons entering into employment pathway plans under section 40D or 40E; (b) the variation of such plans.

Note: A person does not enter into an employment pathway plan unless the person accepts such a plan: see paragraphs 40D(1)(a) and 40E(1)(c).
Arrangement not a legislative instrument (2) If an arrangement under this section is made in writing, the arrangement is not a legislative instrument.
40C Use of questionnaire (1) The Employment Secretary may arrange for the completion of a questionnaire in relation to the following: 46 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Employment pathway plans Division 2A Section 40D (a) persons entering into employment pathway plans under section 40D or 40E; (b) the variation of such plans.
(2) A questionnaire may relate to, but is not limited to, one or more of the employment pathway plan matters in relation to a person.

Note: For employment pathway plan matters, see section 40F.

(3) A purpose of the questionnaire is to obtain information for the purposes of working out under which section the person is able to enter into an employment pathway plan.
Arrangement not a legislative instrument (4) If an arrangement under this section is made in writing, the arrangement is not a legislative instrument.
40D Employment pathway plans—plans developed by the Employment Secretary (1) A person enters into an employment pathway plan under this section if: (a) the person notifies the Employment Secretary that the person accepts the employment pathway plan developed by the Employment Secretary; and (b) that acceptance occurs after one or more communications between the person and the Employment Secretary in relation to that plan.

Note: For variation of employment pathway plans, see section 40V.
Plan requirements (2) The employment pathway plan developed by the Employment Secretary must contain one or more requirements that the person is required to comply with.

Note: See Subdivision B for limitations on the kind of requirements that can be contained in employment pathway plans.
Social Security (Administration) Act 1999 47 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 2A Employment pathway plans Section 40E Optional terms (3) The employment pathway plan may also contain one or more terms that the person may, but is not required to, comply with.

Approval of requirements (4) The requirements in the employment pathway plan are to be approved by the Employment Secretary.
Those requirements must not be approved by the processes referred to in subsection 40B(1).

(5) The Employment Secretary must not approve requirements that are not suitable for the person.
For this purpose, the Employment Secretary must take into account the following matters: (a) the employment pathway plan matters in relation to the person; (b) the person’s capacity to comply with the requirements; (c) the person’s needs; (d) any other matters that the Employment Secretary or the person considers relevant in the circumstances.

Note: For employment pathway plan matters, see section 40F.
40E Employment pathway plans—streamlined processes (1) A person enters into an employment pathway plan under this section if: (a) the person is given information as part of the processes referred to in subsection 40B(1) informing the person of the matters the person should consider in deciding whether to accept an employment pathway plan under this section; and (b) a proposed employment pathway plan is produced as part of those processes that: (i) contains one or more requirements that the person is required to comply with; and (ii) may contain one or more terms that the person may, but is not required to, comply with; and 48 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Employment pathway plans Division 2A Section 40F (c) after deciding the person is satisfied with that proposed employment pathway plan, the person accepts that plan as part of those processes.
Note 1: If the person does not want to accept the proposed employment pathway plan that is produced as part of those processes, the person can still enter into an employment pathway plan under section 40D.

Note 2: See Subdivision B for limitations on the kind of requirements that can be contained in employment pathway plans.

Note 3: For variation of employment pathway plans, see section 40V.
(2) This section does not prevent the person from entering into an employment pathway plan under section 40D after the person has entered into an employment pathway plan under this section.
40F Employment pathway plan matters The employment pathway plan matters in relation to a person are the following: (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 labour market and the transport or other 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 requirements in an employment pathway plan; (g) the financial costs (such as travel costs) of complying with requirements in an employment pathway plan, and the person’s capacity to pay for such costs.
Social Security (Administration) Act 1999 49 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 2A Employment pathway plans Section 40G 40G Employment pathway plans—examples of requirements Seeking, accepting and undertaking paid work (1) An employment pathway plan under this Subdivision in relation to a person may contain requirements relating to one or more of the following: (a) the person actively seeking paid work in Australia; (b) the person accepting, and being willing to accept, offers of paid work in Australia; (c) the person undertaking, and being willing to undertake, paid work in Australia; except particular paid work that is unsuitable to be done by the person.
Note: See Division 2B for the circumstances in which paid work is unsuitable to be done by a person.
Undertaking of other activities (2) An employment pathway plan under this Subdivision in relation to a person may contain requirements relating to one or more of the following: (a) the person undertaking training or study; (b) the person undertaking voluntary work; (c) the person participating in an approved program of work for income support payment (subject to section 40J) or in an employment program; (d) the person attending an interview with a person engaged by an organisation that performs services for the Commonwealth; (e) the person completing, updating or improving the person’s résumé.
50 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Employment pathway plans Division 2A Section 40H Reporting on compliance (3) An employment pathway plan under this Subdivision in relation to a person may contain requirements relating to the person’s reporting of compliance with the plan.
Parenting payment—health and education (4) In relation to parenting payment and a person to whom paragraph 500(1)(ca) of the 1991 Act applies, an employment pathway plan under this Subdivision 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.
No limit on requirements in plans (5) Subsections (1) to (4) do not limit the requirements that an employment pathway plan may contain.

Note: See Subdivision B for limitations on the kind of requirements that can be contained in employment pathway plans.
Subdivision B—What employment pathway plans must not contain 40H Employment pathway plans not to contain requirements about undertaking unsuitable paid work An employment pathway plan under Subdivision A in relation to a person must not contain a requirement relating to one or more of the following: (a) the person seeking paid work in Australia; (b) the person accepting offers of paid work in Australia; (c) the person undertaking paid work in Australia; that is particular paid work that is unsuitable to be done by the person.
Social Security (Administration) Act 1999 51 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 2A Employment pathway plans Section 40J Note: See Division 2B for the circumstances in which paid work is unsuitable to be done by a person.
40J Employment pathway plans not to contain requirements to participate in an approved program of work Parenting payment (1) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving parenting payment, 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 of the 1991 Act—because of the application of Module E of that rate calculator, the person is receiving 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 of the 1991 Act—because of the application of Module D of that rate calculator, the person is receiving parenting payment at a rate that has been reduced; or (b) the person is at least 50 years of age and is not a person to whom subsection 28(4) of the 1991 Act applies.
Youth allowance (2) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving a youth allowance, 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 (see section 541B of the 1991 Act); or 52 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Employment pathway plans Division 2A Section 40K (c) because of the application of one or more Modules of the Youth Allowance Rate Calculator in section 1067G of the 1991 Act, the person is receiving the youth allowance at a rate that has been reduced; or (d) the program of work requires the person to move from a home in one place to a home in another place.
Jobseeker payment (3) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving a jobseeker payment, 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 Benefit Rate Calculator B in section 1068 of the 1991 Act, the person is receiving the jobseeker payment at a rate that has been reduced; or (b) the person is at least 50 years of age and is not a person to whom subsection 28(4) of the 1991 Act applies.
Special benefit (4) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving a special benefit, 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 or the person’s partner has income; or (c) the person is at least 50 years of age and is not a person to whom subsection 28(4) of the 1991 Act applies.
40K Employment pathway plans not to contain certain other requirements (1) An employment pathway plan under Subdivision A must not contain a requirement of a kind that the Employment Secretary determines under subsection (2).
Social Security (Administration) Act 1999 53 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 2A Employment pathway plans Section 40L (2) The Employment Secretary must, by legislative instrument, determine the kinds of requirements that employment pathway plans must not contain.

Subdivision C—Exemptions from employment pathway plan requirements 40L Circumstances making it unreasonable etc.
to comply with requirements (1) A person is not required to satisfy the employment pathway plan requirements if a determination under this section is in effect in relation to the person.
Circumstances beyond a person’s control (2) The Employment Secretary may make a determination under this section in relation to the person if: (a) the Employment Secretary is satisfied that circumstances exist that are beyond the person’s control; and (b) the Employment Secretary is satisfied that in those circumstances it would be unreasonable to expect the person to comply with the employment pathway plan requirements.
Note: See also section 40U (general rules about determinations under this Subdivision).

Other circumstances (3) The Employment Secretary may make a determination under this section in relation to the person if the Employment Secretary is satisfied in all the circumstances that the person should not be required to satisfy the employment pathway plan requirements.

Note: See also section 40U (general rules about determinations under this Subdivision).
54 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Employment pathway plans Division 2A Section 40L Exception—misuse of alcohol or another drug (4) Subsection (2) or (3) 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.
Examples of relevant circumstances (5) The Employment Secretary may make a determination under subsection (2) or (3) in relation to a person in circumstances that relate to, but are not limited to, the following: (a) the person having a temporary incapacity resulting in the person being unable to undertake work for at least 8 hours per week, where the person has given the Employment Secretary a certificate of a medical practitioner, in the form (if any) approved by the Employment Secretary, that supports the incapacity being caused by a medical condition arising from sickness or an accident; (b) the person experiencing a marriage or relationship breakdown; (c) the death of an immediate family member of the person; (d) the person having suffered a significant personal crisis; (e) the person having been affected by an emergency, disaster or public health crisis.
Revocation of determination (6) The Employment Secretary may revoke a determination under this section in relation to a person if the Employment Secretary is satisfied in all the circumstances that it is no longer appropriate for the determination to remain in effect.

Later exemptions do not limit this section (7) Sections 40M to 40T do not limit this section.
Social Security (Administration) Act 1999 55 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 2A Employment pathway plans Section 40M 40M Death of person’s partner Claimants (1) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if: (a) the person makes a claim for a jobseeker payment, parenting payment, a youth allowance or a special benefit; and (b) the person makes the claim after the death of the person’s partner; and (c) if the person was not pregnant when the person’s 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 was pregnant when the person’s 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 person otherwise stops being pregnant; whichever ends later.
The applicable period is the period applicable under paragraph (c) or (d).
Recipients (2) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if: (a) the person is receiving a jobseeker payment, parenting payment, a youth allowance or a special benefit; and (b) while the person is receiving the payment, allowance or benefit the person’s partner dies; and (c) if the person was not pregnant when the person’s partner died—the person notifies the Employment 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 56 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Employment pathway plans Division 2A Section 40N (d) if the person was pregnant when the person’s partner died— the person notifies the Employment 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 person otherwise stops being pregnant; whichever ends later; and (e) the person is receiving the payment, allowance or benefit on the day of the notification.
The applicable period is the period applicable under paragraph (c) or (d).

40N Domestic violence (1) A person is not required to satisfy the employment pathway plan requirements if a determination under this section is in effect in relation to the person.

(2) The Employment Secretary must make a determination under this section in relation to the person if the Employment Secretary is satisfied that the person was subjected to domestic violence in the last 26 weeks.
Note: See also section 40U (general rules about determinations under this Subdivision).

(3) The Employment Secretary may revoke a determination under this section in relation to a person if the Employment Secretary is satisfied in all the circumstances that it is no longer appropriate for the determination to remain in effect.
40P Caring responsibilities (1) A person is not required to satisfy the employment pathway plan requirements if a determination under this section is in effect in relation to the person.
Social Security (Administration) Act 1999 57 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 2A Employment pathway plans Section 40P Mandatory determination (2) The Employment Secretary must make a determination under this section in relation to the person if the Employment Secretary is satisfied that: (a) the person is the principal carer of one or more children and that one or more of the following apply: (i) the person is a registered and active foster carer; (ii) the person is a home educator of one or more of those children; (iii) the person is a distance educator of one or more of those children; (iv) 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; or (b) the following apply: (i) the person is the principal carer of a child; (ii) the person is the principal carer of one or more other children or the main supporter of one or more secondary pupil children or both; (iii) there are 4 or more of the children of whom the person is the principal carer or main supporter; or (c) the following apply: (i) the person is not the principal carer of one or more children; (ii) the person is a registered and active foster carer; (iii) the person is providing foster care to a child temporarily in an emergency or to give respite to another person from caring for the child; or (d) the following apply: (i) the person is the main supporter of one or
 more secondary pupil children; (ii) the person is a home educator or distance educator of one or more of those children; or (e) the following apply: 58 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Employment pathway plans Division 2A Section 40P (i) the person is the principal carer of one or more children; (ii) the person is a relative (other than a parent) of a child (the kin child); (iii) there is a document that provides for the kin child to live with the person for the care and wellbeing of the kin child and that is prepared or accepted by an authority of a State or Territory that has responsibility for the wellbeing of children; (iv) the person is acting in accordance with the document.
Note 1: For principal carer see subsections 5(15) to (24) of the 1991 Act.

Note 2: For registered and active foster carer see section 5B of the 1991 Act.

Note 3: For home educator see section 5C of the 1991 Act.

Note 4: For distance educator see section 5D of the 1991 Act.

Note 5: For family law order see subsection 23(1) of the 1991 Act.

Note 6: For relative (other than a parent) see section 5E of the 1991 Act.

Note 7: For main supporter see section 5G of the 1991 Act.
Note 8: For secondary pupil child see section 5F of the 1991 Act.

Note 9: See also section 40U (general rules about determinations under this Subdivision).
Discretionary determination (3) The Employment Secretary may make a determination under this section in relation to the person if the Employment 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 employment pathway plan requirements.
Note 1: For principal carer see subsections 5(15) to (24) of the 1991 Act.

Note 2: See also section 40U (general rules about determinations under this Subdivision).
Social Security (Administration) Act 1999 59 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 2A Employment pathway plans Section 40Q Revocation (4) The Employment Secretary may revoke a determination under this section in relation to a person if the Employment Secretary is satisfied in all the circumstances that it is no longer appropriate for the determination to remain in effect.
40Q Pre-natal and post-natal relief (1) A pregnant woman is not required to satisfy the employment pathway plan requirements 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 employment pathway plan requirements for the period that starts on the day on which she gives birth to the child and ends 6 weeks after that day.
40R Persons engaged in work Persons 55 and over (1) A person who has reached 55 years of age is not required to satisfy the employment pathway plan requirements in respect of a period of 2 weeks if: (a) unless paragraph (b) applies—the person: (i) is engaged in approved unpaid voluntary work for an approved organisation for at least 30 hours in that 2-week period; or (ii) is engaged, for at least 30 hours in that 2-week period, in a combination of approved unpaid voluntary work for an approved organisation and of paid work that the Secretary regards as suitable; or (iii) is engaged for at least 30 hours in that 2-week period in paid work that the Secretary regards as suitable; or 60 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Employment pathway plans Division 2A Section 40R (b) if the person is under 60 years of age and that 2-week period begins before the end of 12 months starting on the day the person starts to receive jobseeker payment or special benefit—the person: (i) is engaged, for at least 30 hours in that 2-week period, in work consisting of a combination of approved unpaid voluntary work for an approved organisation and of at least 15 hours of paid work that the Secretary regards as suitable; or (ii) is engaged for at least 30 hours in that 2-week period in paid work that the Secretary regards as suitable.
(2) For the purposes of this section: (a) approved unpaid voluntary work is work, either full-time or otherwise, that has been approved by the Employment Secretary for the purposes of this section; and (b) an approved organisation is an organisation that has been approved by the Employment Secretary for the purposes of this section.
Principal carers and people with partial capacity to work (3) A person is not required to satisfy the employment pathway plan requirements in respect of a period of 2 weeks if the person: (a) is the principal carer of at least one child or has a partial capacity to work; and (b) is engaged for at least 30 hours in that 2-week period in paid work that the Secretary regards as suitable.

Note 1: For principal carer see subsections 5(15) to (24) of the 1991 Act.
Note 2: For partial capacity to work see section 16B of the 1991 Act.
Social Security (Administration) Act 1999 61 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 2A Employment pathway plans Section 40S 40S Jobseeker payment rules only Rehabilitation program (1) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if: (a) subparagraph 593(1)(a)(iii) of the 1991 Act applies in relation to the 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 will, or is likely to, end within the period of 208 weeks after the jobseeker payment commenced to be payable to the person.
The applicable period is the period the person is undertaking the rehabilitation program or such shorter or longer period determined by the Employment Secretary.
Interaction with the ABSTUDY Scheme (2) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if: (a) jobseeker payment is payable to the person because of subsection 614(6) of the 1991 Act; and (b) the person has commenced the full-time course of education referred to in paragraph 614(6)(a) of the 1991 Act.

The applicable period is the period during which the payment is payable to the person because of that subsection.
40T Exceptional circumstances (1) A person is not required to satisfy the employment pathway plan requirements if the person is included in a class of persons specified in a determination under this section that is in effect.
62 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Employment pathway plans Division 2A Section 40U (2) The Employment Secretary may make a determination under this section specifying a class of persons for the purposes of subsection (1).

Note: See also section 40U (general rules about determinations under this Subdivision).
(3) The Employment Secretary may make the determination only if the Employment Secretary is satisfied that exceptional circumstances exist to justify making the determination.

(4) Without limiting subsection (3), the exceptional circumstances may be that there is an emergency, disaster or public health crisis affecting Australia or one or more parts of Australia.
Publication (5) The Employment Secretary must cause details of the class of persons and of the exceptional circumstances to be published on the Employment Department’s website.

Revocation of determination (6) The Employment Secretary may revoke a determination under this section if the Employment Secretary is satisfied in all the circumstances that it is no longer appropriate for the determination to remain in effect.
(7) The Employment Secretary must cause details of the revocation to be published on the Employment Department’s website.

40U General rules (1) A determination under this Subdivision may specify the period during which the determination has effect.

(2) A determination under this Subdivision may be expressed to take effect on a day that is earlier than the day on which the determination is made.
Social Security (Administration) Act 1999 63 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 2A Employment pathway plans Section 40V (3) A revocation of a determination under this Subdivision takes effect on the day specified in the revocation, which must not be earlier than the day the revocation is made.

(4) A determination under this Subdivision, or a revocation of such a determination, is not a legislative instrument.
Subdivision D—Variation, cancellation and review of employment pathway plans 40V Variation, cancellation and review of employment pathway plans Variation (1) The Employment Secretary may vary an employment pathway plan that is in force under Subdivision A in relation to a person after discussion with the person and after taking into account the matters mentioned in paragraphs 40D(5)(a), (b), (c) and (d).
(2) The Employment Secretary may vary the plan on the Employment Secretary’s own initiative or on request of the person.

(3) If the person requests a variation of the plan, the Employment Secretary must: (a) make a decision under subsection (1) to vary the plan; or (b) make a decision to refuse to vary the plan.

(4) The Employment Secretary must notify the person of the variation or of the decision to refuse to vary the plan.
(5) If an employment pathway plan is in force under Subdivision A in relation to a person, the person may vary the plan in accordance with the processes referred to in subsection 40B(1).
64 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Circumstances in which paid work is unsuitable Division 2B Section 40W Cancellation (6) The Employment Secretary must cancel an employment pathway plan that is in force under Subdivision A in relation to a person if the person enters into another employment pathway plan.
Review (7) The Employment Secretary may review an employment pathway plan that is in force under Subdivision A in relation to a person.

(8) The Employment Secretary may review the plan on the Employment Secretary’s own initiative or on request of the person.
Subdivision E—Notification of circumstances preventing or affecting compliance with employment pathway plans 40W Notification of circumstances preventing or affecting compliance with employment pathway plans If an employment pathway plan is in force under Subdivision A in relation to a person, the person must notify the Employment Secretary of any circumstances preventing the person from complying, or reducing the person’s capacity to comply, with the requirements in the plan.
Division 2B—Circumstances in which paid work is unsuitable 40X Circumstances in which paid work is unsuitable (1) For the purposes of the social security law, particular paid work is unsuitable to be done by a person if and only if: (a) the person lacks the particular skills, experience or qualifications that are needed to perform the work and no relevant training will be provided to the person; or Social Security (Administration) Act 1999 65 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 2B Circumstances in which paid work is unsuitable Section 40X (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 is the principal carer of one or more children, and does not have access to appropriate care and supervision for the children during: (i) the times when the person would be required to undertake the work; or (ii) 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; or (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 (f) commuting between the person’s home and the place of work would be unreasonably difficult; or (g) the work would require enlistment in the Defence Force or the Reserves; 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 to be done by the person.
Note: For the purposes of paragraph (i), see also subsections (4) and (5).
Work outside the area in which the person’s home is situated (2) If: 66 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Circumstances in which paid work is unsuitable Division 2B Section 40X (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)(f) 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 (f) the acceptance of the offer would jeopardise the current paid work, or the paid work prospects, of the person’s partner; or (g) the person or the person’s partner has a child under the age of 16 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) Without limiting subsection (2), if a person, when seeking paid work 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 to have sought work outside that area.
Social Security (Administration) Act 1999 67 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 2B Circumstances in which paid work is unsuitable Section 40X Legislative instrument (4) The Employment Secretary must, by legislative instrument, determine matters to be taken into account in working out whether particular paid work is unsuitable to be done by a person for the purposes of paragraph (1)(i).
(5) Subsection (4) does not limit the matters that may be taken into account in working out whether particular paid work is unsuitable to be done by a person for the purposes of paragraph (1)(i).
Interpretation (6) To avoid doubt, for the purposes of this section, paid work is not unsuitable to be done by a person merely because: (a) the work is not the person’s preferred type of work; or (b) the work is not commensurate with the person’s highest level of educational attainment or qualification; or (c) the level of remuneration for the work is not the person’s preferred level of remuneration.
68 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Commencement of social security payment Division 3 Section 41 Division 3—Commencement of social security payment 41 Commencement (1) Unless another provision of the social security law provides otherwise, a social security payment becomes payable to a person on the person’s start day in relation to the social security payment.
(2) Unless another provision of the social security law provides otherwise, a concession card takes effect on the person’s start day in relation to the card.

42 Start day For the purposes of the social security law, a person’s start day in relation to a social security payment or a concession card is the day worked out in accordance with Schedule 2.
Social Security (Administration) Act 1999 69 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 3AA Compliance with participation payment obligations: persons other than declared program participants Section 42AA Division 3AA—Compliance with participation payment obligations: persons other than declared program participants Subdivision A—Introduction 42AA Simplified outline of this Division This Division is about the Secretary taking action to ensure that people (other than declared program participants) meet their obligations in relation to participation payments.
The participation payments are jobseeker payment and, for some people, youth allowance, parenting payment and special benefit.

A person commits a mutual obligation failure for failing to comply with obligations relating to participation payments, such as attending appointments, undertaking activities, or taking action to gain employmentgain paid work.
A person commits a work refusal failure for failing to accept an offer of suitable employmentpaid work (except paid work that is unsuitable to be done by the person).

A person commits an unemployment failure for becoming unemployed because of a voluntary act (except a reasonable act) or misconduct.

For a mutual obligation failure or a work refusal failure, the participation payment will usuallymay not be payable until the person complies with a reconnection requirement.
The person may then receive back pay.

The participation payment must be cancelled if the person fails to comply with the reconnection requirement within 4 weeks.
If a person who commits a mutual obligation failure has persistently committed mutual obligation failures and does not have a reasonable excuse then, depending on the circumstances, the person’s participation payment will usuallymay be reduced by 70 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Compliance with participation payment obligations: persons other than declared program participants Division 3AA Section 42AB either 50% or 100% for a period (in addition to not being payable) or be cancelled.
In addition, a participation payment must be cancelledIn addition, a participation payment may be cancelled if a person does not have a reasonable excuse for a work refusal failure.

No participation payments are payable to a person for 4 weeks if a participation payment is cancelled for a mutual obligation failure or a work refusal failure.
If a person commits an unemployment failure, no participation payments are payable to the personparticipation payments may not be payable to the person for either 4 or 6 weeks, depending on whether relocation assistance had been paid to help the person take up the employment concerned.

Also, the person’s participation payment must beAlso, the person’s participation payment may be cancelled if he or she was receiving a participation payment when the unemployment failure was committed.
42AB Division not to apply to declared program participants This Division applies in relation to a person if the person is not a declared program participant.
Subdivision B—Failures for which compliance action must be taken 42AC Mutual obligation failures (1) A person commits a mutual obligation failure if the person is receiving a participation payment and any of the following applies: (a) the person fails to comply with a requirement that was notified to the person under subsection 63(2) or (4); (b) the person fails to comply with a requirement, under section 501, 544A, 605 or 731L of the 1991 Actsection 40A, to enter into an employment pathway plan; (c) the person fails to attend, or to be punctual for, an appointment that the person is required to attend by: Social Security (Administration) Act 1999 71 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 3AA Compliance with participation payment obligations: persons other than declared program participants Section 42AC (i) a notice under subsection 63(2); or (ii) an employment pathway plan that is in force in relation to the person; (d) the person fails to attend, to be punctual for, or to participate in, an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person; (e) an employment pathway plan is in force in relation to the person and the person fails to satisfy the Secretary that the person has undertaken adequate job search efforts in relation to a period worked out in accordance with the plan (see subsection (2)); (f) an employment pathway plan is in force in relation to the
 person and the person fails to comply with any other requirement of the plan that applies to the person; (g) the Secretary is satisfied that the person acted in an inappropriate manner: (i) during an appointment to which paragraph (c) applies that the person attended; or (ii) while participating in an activity referred to in paragraph (d); (h) the person intentionally acts in a manner and it is reasonably foreseeable that acting in that manner could result in an offer of employment not being made to the personoffer of paid work in Australia (except particular paid work that is unsuitable to be done by the person) not being made to the person; (i) the person fails to: (i) attend a job interview; or (ii) act on a job opportunity when requested to do so by an employment services provider.
Note: In certain circumstances a person is taken to be receiving a participation payment even if it is not payable to the person: see section 42AQ.
72 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Compliance with participation payment obligations: persons other than declared program participants Division 3AA (2) For the purposes of paragraph (1)(e), the question whether a person has undertaken adequate job search efforts in relation to a particular period is to be worked out in accordance with a determination in force under subsection (3).
Section 42AD (3) The Secretary must, by legislative instrument, make a determination for the purposes of subsection (2).

(4) Paragraph (1)(c) does not limit paragraph (1)(a), and paragraph (1)(i) does not limit paragraph (1)(h).
42AD Work refusal failures A person commits a work refusal failure if: (a) the person is receiving a participation payment; and (aa) in the case where the participation payment is parenting payment—the person is not someone to whom paragraph 500(1)(ca) of the 1991 Act applies; and (b) the person refuses or fails to accept an offer of suitable employmentpaid work in Australia, except particular paid work that is unsuitable to be done by the person.
NoteNote 1: In certain circumstances a person is taken to be receiving a participation payment even if it is not payable to the person: see section 42AQ.

Note 2: See Division 2B for the circumstances in which paid work is unsuitable to be done by a person.
42AE Unemployment failures (1) A person commits an unemployment failure if: (a) the person is receiving a participation payment; and (aa) in the case where the participation payment is parenting payment—the person is not someone to whom paragraph 500(1)(ca) of the 1991 Act applies; and (b) the person becomes unemployed: Social Security (Administration) Act 1999 73 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 3AA Compliance with participation payment obligations: persons other than declared program participants Section 42AF (i) as a direct or indirect result of a voluntary act of the person; or (ii) as a result of the person’s misconduct as an employee.
Note: In certain circumstances a person is taken to be receiving a participation payment even if it is not payable to the person: see section 42AQ.
(2) A person also commits an unemployment failure if: (a) the person is not receiving, but has made a claim for, a participation payment; and (aa) in the case where the participation payment is parenting payment—the person is not someone to whom paragraph 500(1)(ca) of the 1991 Act applies; and (b) the person becomes unemployed (whether before or after making the claim): (i) as a direct or indirect result of a voluntary act of the person; or (ii) as a result of the person’s misconduct as an employee.
(3) However, a person does not commit an unemployment failure because of subparagraph (1)(b)(i) or (2)(b)(i) if the person satisfies the Secretary that the voluntary act was reasonable.
Subdivision C—Compliance action that must be taken for particular failures 42AF Compliance action for mutual obligation failures Usual rule (1) If a person commits a mutual obligation failure (the relevant failure), the Secretary mustmay: (a) determine that the person’s participation payment is not payable to the person for a period (see section 42AL); and (b) take action under subsection (2) (if applicable).
74 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Compliance with participation payment obligations: persons other than declared program participants Division 3AA Section 42AF Note: The person may be eligible for back pay once the payment suspension period ends (see subsection 42AL(4)).
Special rule—persistent mutual obligation failures and no reasonable excuse (2) If: (a) the Secretary is satisfied in accordance with an instrument made under subsection 42AR(1) that the person has persistently committed mutual obligation failures; and (b) the person does not satisfy the Secretary that the person has a reasonable excuse for the relevant failure (see sections 42AI and 42AJ); the Secretary must, in accordance with that instrument,may determine: (c) that an instalment of the person’s participation payment for an instalment period is to be reduced (see section 42AN), in addition to making a determination under paragraph (1)(a) of this section; or (d) that the person’s participation payment is cancelled (see section 42AP).
Note 1: For paragraph (c), the person may be eligible for back pay once the person’s payment suspension period ends (see subsection 42AL(4)).

However, the back pay may be reduced (including to nil) if the instalment period for which an instalment is to be reduced under paragraph (c) overlaps with the payment suspension period.
Note 2: For paragraph (d), a further consequence is that participation payments will not be payable to the person for the person’s post-cancellation non-payment period (see subsection 42AP(5)).

(3) A determination made under paragraph (2)(d) for the relevant failure has effect despite any determination made under paragraph (1)(a) for the relevant failure.
Special rule discretion not to take action for certain failures (3A) Despite subsections (1) and (2), the Secretary may decide not to make a determination under either or both of those subsections for Social Security (Administration) Act 1999 75 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 3AA Compliance with participation payment obligations: persons other than declared program participants Section 42AG the relevant failure if it was committed under paragraph 42AC(1)(a) or subparagraph 42AC(1)(c)(i).
Note 1: Paragraph 42AC(1)(a) relates to a failure to comply with a requirement notified under subsection 63(2) or (4).

Subparagraph 42AC(1)(c)(i) relates to a failure to attend, or to be punctual for, an appointment that a person is required to attend by a notice under subsection 63(2).

Note 2: The Secretary may instead cancel or suspend the participation payment under section 80 (see section 42AS).
(3B) In deciding whether to make a decision under subsection (3A), the Secretary must have regard to any matters determined under subsection 42AR(1A) and may have regard to any other relevant matters.
Action not to be taken—instalment already reduced to nil for instalment period when failure committed (4) Despite subsections (1) and (2), the Secretary must not make a determination under this section for the relevant failure if: (a) the Secretary has previously determined under paragraph (2)(c) that an instalment of the person’s participation payment for an instalment period is to be reduced; and (b) the instalment for the instalment period is reduced by the whole of the amount of the instalment (see paragraph 42AN(3)(b)); and (c) the person commits the relevant failure during that instalment period.
42AG Compliance action for work refusal failures Usual rule (1) If a person commits a work refusal failure, the Secretary must determine that the person’s participation payment is not payable to the person for a period (see section 42AL).
76 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Compliance with participation payment obligations: persons other than declared program participants Division 3AA Section 42AG Special rule no reasonable excuse (2) However, if the person does not satisfy the Secretary that the person has a reasonable excuse for the work refusal failure (see section 42AI), the Secretary must determine that the person’s participation payment is cancelled (see section 42AP).
Note: Participation payments will not be payable to the person for the person’s post-cancellation non-payment period (see subsection 42AP(5)).

(3) A determination made under subsection (2) for a work refusal failure has effect despite any determination made under subsection (1) for the failure.
(1) If a person commits a work refusal failure, the Secretary may: (a) determine that the person’s participation payment is not payable to the person for a period (see section 42AL); or (b) determine that the person’s participation payment is cancelled (see section 42AP) if the person does not satisfy the Secretary that the person has a reasonable excuse for the work refusal failure (see section 42AI).
Action not to be taken—instalment already reduced to nil for instalment period when failure committed (4) Despite subsections (1) and (2)subsection (1), the Secretary must not take action under this section for a work refusal failure (the relevant failure) if: (a) the Secretary has previously determined under paragraph 42AF(2)(c) that the amount of an instalment of the person’s participation payment for an instalment period is to be reduced; and (b) the instalment for the instalment period is reduced by the whole of the amount of the instalment (see paragraph 42AN(3)(b)); and (c) the person commits the relevant failure during that instalment period.
Social Security (Administration) Act 1999 77 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 3AA Compliance with participation payment obligations: persons other than declared program participants Section 42AH 42AH Compliance action for unemployment failures Unemployment failures committed by persons receiving a participation payment (1) If a person receiving a participation payment commits an unemployment failure, the Secretary mustmay determine that the participation payment is cancelled (see section 42AP).
Note: Participation payments will not be payable to the person for the person’s post-cancellation non-payment period (see subsection 42AP(5)).
Unemployment failures committed by persons claiming a participation payment (2) If a person who has made a claim for (but is not receiving) a participation payment has committed an unemployment failure, the Secretary mustmay determine that participation payments (whether or not the same as the participation payment that was claimed) are not payable to the person for a period (see section 42AO).
42AI Reasonable excuses—matters that must or must not be taken into account Matters to be taken into account (1) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether a person has a reasonable excuse for committing: (a) a mutual obligation failure (see paragraph 42AF(2)(b)); or (b) a work refusal failure (see subsection 42AG(2)paragraph 42AG(1)(b)).
(2) To avoid doubt, a determination under subsection (1) does not limit the matters that the Secretary may take into account in deciding whether the person has a reasonable excuse.
78 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Compliance with participation payment obligations: persons other than declared program participants Division 3AA Section 42AJ Matters not to be taken into account (3) The Secretary may, by legislative instrument, determine matters that the Secretary must not take into account in deciding whether a person has a reasonable excuse for committing: (a) a mutual obligation failure (see paragraph 42AF(2)(b)); or (b) a work refusal failure (see subsection 42AG(2)paragraph 42AG(1)(b)).
42AJ Reasonable excuses for mutual obligation failures—prior notification required for certain failures (1) For the purposes of paragraph 42AF(2)(b), an excuse cannot be a reasonable excuse for a mutual obligation failure mentioned in subsection (2) of this section that is committed by a person unless: (a) the person notifies the excuse as mentioned in subsection (3) of this section; or (b) the Secretary is satisfied that there were circumstances in which it was not reasonable to expect the person to give the notification.
Note: The Secretary may also decide for other reasons that the excuse is not a reasonable excuse.
(2) The failures are as follows: (a) a failure to comply with a requirement that was notified to the person under subsection 63(2) to attend an office of the Department, to contact the Department, or to attend a particular place; (b) without limiting paragraph (a), a failure to attend, or to be punctual for, an appointment that the person is required to attend by a notice under subsection 63(2); (c) a failure to attend, to be punctual for, or to participate in, an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person; Social Security (Administration) Act 1999 79 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 3AA Compliance with participation payment obligations: persons other than declared program participants Section 42AK (d) a failure to attend, or to be punctual for, an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person.
(3) The person must notify the excuse: (a) for a failure mentioned in paragraph (2)(a) or (b): (i) before the end of the time specified under subsection 63(2); and (ii) to the person or body specified by the Secretary as the person or body to whom prior notice should be given if the person is unable to comply with the notice under subsection 63(2); and (b) for a failure mentioned in paragraph (2)(c) or (d): (i) before the start of the activity on the day concerned, or before the time of the appointment; and (ii) to the person or body specified in the employment pathway plan as the person or body to whom prior notice should be given if the person is unable to undertake the activity or attend the appointment.
42AK Relationship between provisions of this Subdivision Sections 42AF, 42AG and 42AH do not limit each other.

Subdivision D—Effect of taking particular compliance action 42AL Payment suspension periods for mutual obligation failures and work refusal failures (1) If the Secretary determines under section 42AF or 42AG that a participation payment is not payable to a person for a period, the participation payment is not payable for the period (the payment suspension period) worked out under this section.
(2) The payment suspension period begins at the start of: 80 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Compliance with participation payment obligations: persons other than declared program participants Division 3AA Section 42AM (a) the instalment period in which the person commits the mutual obligation failure or the work refusal failure (unless paragraph (b) applies); or (b) if the Secretary determines that a later instalment period is more appropriate—that later instalment period.
(3) The payment suspension period ends immediately before: (a) the day the person complies with the reconnection requirement imposed under subsection 42AM(1) (unless paragraph (b) of this subsection applies); or (b) if the Secretary determines that an earlier day is more appropriate—that earlier day.
(4) If the payment suspension period ends under subsection (3) for a person, then, for the purposes of the social security law after the end of that period: (a) the participation payment is taken to be payable to the person from the start of that period (subject to the social security law); and (b) the Secretary is taken to have made a determination to the effect mentioned in paragraph (a).

Note: The effect of this subsection is that the person may receive back pay for the payment suspension period.
However, the back pay may be reduced (including to nil) if the instalment period for which an instalment is to be reduced under section 42AN overlaps with the payment suspension period.

42AM Reconnection requirements for mutual obligation failures and work refusal failures (1) The Secretary must impose a requirement (the reconnection requirement) on a person if the Secretary determines under section 42AF or 42AG that a participation payment is not payable to the person for a period.
(2) The Secretary must notify the person, in any way the Secretary considers appropriate, of: Social Security (Administration) Act 1999 81 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 3AA Compliance with participation payment obligations: persons other than declared program participants Section 42AN (a) the reconnection requirement; and (b) the effect of not complying with the reconnection requirement.
(3) The Secretary must determine that the person’s participation payment is cancelled if: (a) the Secretary does not determine an earlier day for the purposes of ending the person’s payment suspension period under paragraph 42AL(3)(b); and (b) the person fails to comply with the reconnection requirement within 4 weeks after it is notified under subsection (2) of this section.
(4) If the Secretary makes a determination under subsection (3), the participation payment is cancelled at the end of the 4 weeks mentioned in paragraph (3)(b).
42AN Reducing instalments of participation payments for mutual obligation failures (1) This section applies if: (a) a person commits a mutual obligation failure; and (b) the Secretary makes a determination (the reduction determination) under paragraph 42AF(2)(c) that an instalment of a participation payment for an instalment period (the reduction period) is to be reduced.
(2) The reduction period must be: (a) the instalment period in which the person commits the mutual obligation failure (unless paragraph (b) applies); or (b) if the Secretary determines that a later instalment period is more appropriate—that later instalment period.
(3) The instalment payable to the person is reduced by an amount included in the reduction determination that is equal to: (a) half of the instalment that would otherwise have been payable for the reduction period; or 82 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Compliance with participation payment obligations: persons other than declared program participants Division 3AA Section 42AO (b) the whole of the instalment that would otherwise have been payable for the reduction period.
Note: Paragraph (b) may have the effect of reducing the amount of the instalment to nil.

However, the participation payment remains payable (see subsection (6)).

(4) The Secretary must determine which of paragraph (3)(a) or (b) applies in relation to the reduction in accordance with an instrument made under subsection 42AR(1).
(5) The Secretary may make the reduction determination in accordance with paragraph (3)(b) for the reduction period even if the Secretary has already made a determination for the person in accordance with paragraph (3)(a) for the same instalment period for a different mutual obligation failure.

(6) The participation payment remains payable for the reduction period even if the amount of an instalment is reduced to nil in accordance with this section.
42AO Unemployment preclusion periods for unemployment failures by persons claiming participation payments (1) If the Secretary determines under subsection 42AH(2) that participation payments are not payable to a person who has made a claim for a participation payment, then participation payments are not payable to the person for the period (the unemployment preclusion period) of: (a) 4 weeks beginning on the day the person becomes unemployed as a result of the person’s voluntary act or misconduct (unless paragraph (b) applies); or (b) 6 weeks beginning on that day, if, during the 6 months ending on the day immediately before that day, relocation assistance, for the employment to which the voluntary act or misconduct related, has been paid to or for the benefit of the person.
Social Security (Administration) Act 1999 83 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 3AA Compliance with participation payment obligations: persons other than declared program participants Section 42AP Note 1: Note 2: The unemployment preclusion period may affect the person’s start day for a claim (see clauses 5 and 5A of Schedule 2).
For the purposes of this subsection, it is irrelevant which participation payment the person claimed (see subsection 42AH(2)).

(2) For the purposes of this Act, relocation assistance for employment means a payment: (a) that is made by or on behalf of the Commonwealth to or for the benefit of a person for the purpose of assisting the person to take up the employment; and (b) that is specified under subsection (3).
(3) The Secretary may, by legislative instrument, specify one or more payments for the purposes of paragraph (2)(b).

42AP Cancelling participation payments (1) This section applies if the Secretary determines under Subdivision C that the participation payment of a person who has committed a mutual obligation failure, a work refusal failure or an unemployment failure is cancelled.
When payments are cancelled (2) For a mutual obligation failure or a work refusal failure, the participation payment is cancelled at the start of the following day (the cancellation day): (a) the first day of the instalment period in which the person commits the failure (unless paragraph (b) applies); (b) if the Secretary determines that a later instalment period is more appropriate—the first day of that later instalment period.
(3) For an unemployment failure committed by a person who was receiving the participation payment when he or she became unemployed, the participation payment is cancelled at the start of the following day (the cancellation day): 84 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Compliance with participation payment obligations: persons other than declared program participants Division 3AA Section 42AP (a) the day that the person becomes unemployed as a result of the person’s voluntary act or misconduct (unless paragraph (b) applies); (b) the first day of the first instalment period for the person that begins after the day the Secretary makes the determination under subsection 42AH(1), if the Secretary considers it more appropriate.
(4) For the purposes of paragraph (3)(b), the day the Secretary makes the determination is the day the Secretary originally makes the determination (even if another decision in relation to the determination is later made on review).
Participation payments not payable for post-cancellation non-payment period (5) A participation payment (whether or not the same as the participation payment that was cancelled) is not payable to the person for the period (the post-cancellation non-payment period) of: (a) 4 weeks beginning on the cancellation day (unless paragraph (b) applies); or (b) 6 weeks beginning on the cancellation day, if: (i) the cancellation is for an unemployment failure; and (ii) during the 6 months ending on the day immediately before the person becomes unemployed, relocation assistance, for the employment to which the voluntary act or misconduct related, has been paid to or for the benefit of the person.
Note 1: If the person makes a claim for a participation payment, the post-cancellation non-payment period may affect the person’s start day for the claim (see clauses 5 and 5A of Schedule 2).

Note 2: For relocation assistance, see subsection 42AO(2).
Social Security (Administration) Act 1999 85 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 3AA Compliance with participation payment obligations: persons other than declared program participants Section 42AQ Participation payment taken to not be cancelled for certain purposes during post-cancellation non-payment period (6) Despite subsections (2) and (3), the participation payment is taken to not be cancelled for the purposes of the following provisions until the end of the post-cancellation non-payment period: (a) a provision of the social security law, or the Family Assistance Act, that refers to a post-cancellation non-payment period or a compliance penalty period, other than a provision that is determined by the Minister under subsection 42AR(2) of this Act for the purposes of this paragraph; (b) section 106B of this Act (automatic cancellation of certain concession cards); (c) a provision of the social security law that is determined by the Minister under subsection 42AR(2) of this Act for the purposes of this paragraph.
Subdivision E—Miscellaneous 42AQ Persons for whom participation payments not payable taken to still be receiving payment for certain purposes If, under this Division, a participation payment is not payable to a person for a period, then, for the purposes of the following provisions, the person is taken to be receiving that participation payment for that period: (a) Subdivision B (except if the participation payment is not payable because of subsections 42AH(2) and 42AO(1) (unemployment preclusion periods)); (b) sections 63 and 64; (c) any other provision of the social security law, or the Family Assistance Act, that is determined by the Minister under subsection 42AR(2) of this Act for the purposes of this paragraph.
86 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Compliance with participation payment obligations: persons other than declared program participants Division 3AA 42AR Minister to make determinations for purposes of this Division (1) The Minister must, by legislative instrument, determine the following: Section 42AR (a) for the purposes of paragraph 42AF(2)(a)—circumstances in which the Secretary must, or must not, be satisfied that a person has persistently committed mutual obligation failures; (b) for the purposes of subsection 42AF(2): (i) circumstances in which the Secretary must make a determination under paragraph 42AF(2)(c); and (ii) circumstances in which the Secretary must make a determination under paragraph 42AF(2)(d); (c) for the purposes of subsection 42AN(4): (i) circumstances in which paragraph 42AN(3)(a) applies in relation to the reduction of an instalment for an instalment period; and (ii) circumstances in which paragraph 42AN(3)(b) applies in relation to the reduction of an instalment for an instalment period.
(1A) The Minister may also, by legislative instrument, determine matters to which the Secretary must have regard for the purposes of subsection 42AF(3B) in making a decision under subsection 42AF(3A).

(2) In addition, the Minister may, by legislative instrument, determine provisions of the social security law or the Family Assistance Act for the purposes of paragraph 42AP(6)(a) or (c) or 42AQ(c) of this Act.
42AS Relationship with section 80 Nothing in this Division affects the power of the Secretary to cancel or suspend a participation payment under section 80.
Note: However, the Secretary cannot suspend or cancel a participation payment under that section on the basis that the participation payment Social Security (Administration) Act 1999 87 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 3AA Compliance with participation payment obligations: persons other than declared program participants Section 42AS is not, or was not, payable because of the operation of this Division (see paragraph 80(1)(b)).
88 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Compliance with participation payment obligations: declared program participants Provision of benefits Part 3 Division 3A Section 42A Division 3A—Compliance with participation payment obligations: declared program participants Subdivision A—Introduction 42A Simplified outline of this Division The Secretary may determine that a declared program participant commits a no show no pay failure, a connection failure, a reconnection failure or a serious failure.
A declared program participant commits such a failure by failing to comply with his or her obligations in relation to a participation payment.

The participation payments are jobseeker payment and, for some people, youth allowance, parenting payment and special benefit.

For a no show no pay failure, a penalty amount is deducted from the participant’s participation payment.
For a connection failure, a requirement may be imposed on the participant (and if the participant fails to comply with the requirement, the participant commits a reconnection failure).

For a reconnection failure, generally a penalty amount is deducted from the participant’s participation payment until the participant complies with a requirement imposed on the participant.

For a serious failure, a participation payment is not payable to the participant for 8 weeks.
The 8 week period may be ended in certain circumstances.

The Secretary may also determine that a declared program participant is unemployed as a result of a voluntary act or misconduct.
If the Secretary does so, a participation payment is not Social Security (Administration) Act 1999 89 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 3A Compliance with participation payment obligations: declared program participants Section 42B payable to the participant for either 8 or 12 weeks, depending on the circumstances.
The Secretary may also determine that a participation payment is not payable to a declared program participant for a period because of certain failures.

Once that period ends, the participant may be able to receive back pay.

For a failure to attend an appointment, a penalty amount may be deducted from the participant’s participation payment.

42B Application of this Division only to declared program participants This Division applies in relation to a person if the person is a declared program participant.
Subdivision B—No show no pay failures 42C No show no pay failures (1) The Secretary may determine that a person commits a no show no pay failure on a day if: (a) the person commits any of the following failures: (i) the person fails to participate, on the day, in an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person; (ii) the person fails to comply, on the day, with a serious failure requirement imposed on the person; (iii) the person commits misconduct, on the day, while participating in an activity referred to in subparagraph (i) or while purporting to comply with a serious failure requirement imposed on the person; (iv) the person intentionally acts in a manner on the day (including by failing to attend a job interview), and it is reasonably foreseeable that acting in that manner could 90 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Compliance with participation payment obligations: declared program participants Provision of benefits Part 3 Division 3A Section 42C result in an offer of employment not being made to the personoffer of paid work in Australia (except particular paid work that is unsuitable to be done by the person) not being made to the person; and (b) the person receives an instalment of a participation payment for the instalment period in which the day occurs.
Note: A penalty amount is deducted from the person’s participation payment for a no show no pay failure (see section 42D).

(2) Without limiting subparagraph (1)(a)(i), a person fails to participate in an activity if: (a) the person fails to attend the activity at all; or (b) the person is not punctual in attending the activity.
Limitations on determining no show no pay failures (3) If: (a) more than one subparagraph of paragraph (1)(a) applies to a person on a day; or (b) a subparagraph of paragraph (1)(a) applies more than once to a person on a day; then the Secretary may only determine that the person commits one no show no pay failure on the day.

Note: However, the Secretary may determine that a person commits no show no pay failures on 2 or more days.
(4) Despite subsection (1), the Secretary must not determine that a person commits a no show no pay failure on a day if: (a) both of the following apply: (i) subparagraph (1)(a)(i), (ii) or (iv) applies; (ii) the person satisfies the Secretary that the person has a reasonable excuse for the failure; or (b) the person is a new apprentice; or (ba) the person is someone to whom section 42SB applies; or (c) the day is in a reconnection failure period for the person.
Social Security (Administration) Act 1999 91 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 3A Compliance with participation payment obligations: declared program participants Section 42D Note: The Secretary must take certain matters into account for the purposes of paragraph (4)(a) and may be prohibited from taking other matters into account for those purposes (see section 42U).
For the purposes of paragraph (4)(a), see also section 42UA (about prior notification of excuses).
Determining an instalment period (5) The Secretary must include in a determination under this section the instalment period in which a penalty amount (see section 42T) for the no show no pay failure is to be deducted from the person’s instalment of a participation payment, provided that the penalty amount may not be deducted until at least the instalment after the first instalment made following notification to the person of the no show no pay failure.
42D Deducting the penalty amount If the Secretary determines that a person commits a no show no pay failure, the person’s penalty amount (see section 42T) for the no show no pay failure is to be deducted from the person’s instalment of a participation payment for the instalment period determined under subsection 42C(5).
Note: The balance of the penalty amount is to be deducted from instalments of the participation payment for any later instalment periods, or from any instalments of any other participation payment paid to the person (see section 42V).
Subdivision C—Connection and reconnection failures 42E Connection failures (1) The Secretary may determine that a person commits a connection failure if: (a) the person commits any of the failures mentioned in subsection (2); and 92 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Compliance with participation payment obligations: declared program participants Provision of benefits Part 3 Division 3A Section 42E (b) the person receives an instalment of a participation payment for the instalment period in which the person commits the failure.
Note: A reconnection requirement may be imposed for a connection failure (see section 42G).
(2) For the purposes of subsection (1), the failures are the following: (a) the person fails to comply with a requirement that was notified to the person under subsection 63(2) or (4); (b) the person fails to comply with a requirement, under section 501, 544A, 605 or 731L of the 1991 Actsection 40A, to enter into an employment pathway plan; (c) the person fails to attend an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person; (d) the person is issued with a notice under subsection 42F(1) and fails to comply with it within the period specified in the notice; (e) the person fails to comply with subsection 42F(2); (f) the person fails to comply with a requirement included in an employment pathway plan that is in force in relation to the person to undertake a certain number of job searches per fortnight; (g) the person fails to comply with a requirement included in an employment pathway plan that is in force in relation to the person: (i) to keep a record of the person’s job searches in a document referred to in the plan as a job seeker diary; and (ii) to return the job seeker diary to the Department at the end of the period specified in the plan.
(3) The Secretary may determine that a person commits 2 or more connection failures on a day.
Social Security (Administration) Act 1999 93 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 3A Compliance with participation payment obligations: declared program participants Section 42F Limitations on determining connection failures (4) Despite subsection (1), the Secretary must not determine that a person commits a connection failure if: (a) the person satisfies the Secretary that the person has a reasonable excuse for the failure; or (b) both of the following apply: (i) the person’s failure is a failure to comply with a requirement under section 544A of the 1991 Act to enter into an employment pathway plan; (ii) a youth allowance is not payable to the person for the instalment period in which the person commits the failure because of section 547AA of that Act; or (c) both of the following apply: (i) the person’s failure is a failure to comply with a requirement under section 605 of the 1991 Act to enter into an employment pathway plan; (ii) a jobseeker payment is not payable to the person for the instalment period in which the person commits the failure because of section 615 of that Act; or (d) the person is a new apprentice; or (da) the person is someone to whom section 42SB applies; or (e) in the case of a failure under paragraphs (2)(d) to (g)—the person is receiving parenting payment.
Note: The Secretary must take certain matters into account for the purposes of paragraph (4)(a) and may be prohibited from taking other matters into account for those purposes (see section 42U).

For the purposes of paragraph (4)(a), see also section 42UA (about prior notification of excuses).
42F Requiring a person to apply for job vacancies (1) The Secretary may notify a person that the person must apply for a particular number of advertised job vacancies in the period specified in the notice if: 94 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Compliance with participation payment obligations: declared program participants Provision of benefits Part 3 Division 3A Section 42G (a) the person is required to satisfy the activity testsatisfy the employment pathway plan requirements; and (b) the person is receiving a participation payment other than a parenting payment.
(2) The person must give the Secretary a written statement from each employer whose job vacancy the person applied for during that period that confirms that the person applied for that job vacancy.

(2) For each such job vacancy the person (the job applicant) applies for during that period, the job applicant must give the Secretary a written statement from the person or body offering the job vacancy that confirms that the job applicant applied for the job vacancy.
(3) The statement from the employerthe person or body offering the job vacancy must be in a form approved by the Secretary.

(4) Subsection (2) does not apply to a person if the Secretary is satisfied that there are special circumstances in which it is not reasonable to expect the person to give the statement referred to in that subsection.
42G Reconnection requirements If: (a) the Secretary determines that a person commits a connection failure; or (b) a person fails to participate, on a day, in an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person; or (c) a person fails to attend an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person; or (ca) a person fails to attend an appointment that the person is required to attend by a notice under subsection 63(2); or (d) a person fails to comply with any other requirement that was notified to the person under subsection 63(2) or (4); Social Security (Administration) Act 1999 95 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 3A Compliance with participation payment obligations: declared program participants Section 42H then: (e) if, in relation to a failure referred to in paragraph (b), (c) or (ca), the Secretary determines, under subsection 42SA(1), that a participation payment is not payable to the person—the Secretary must require the person to comply with a requirement (the reconnection requirement); or (f) in any other case—the Secretary may require the person to comply with a requirement (the reconnection requirement).
Note: The Secretary must notify the person of the effect of not complying with the reconnection requirement (see section 42K).

42H Reconnection failures (1) The Secretary may determine that a person commits a reconnection failure if: (a) the person is required to comply with: (i) a reconnection requirement; or (ii) a further reconnection requirement; and (b) the person fails to comply with the requirement.
Note: A further reconnection requirement may be imposed, and a penalty amount is deducted from the person’s participation payment, for a reconnection failure (see sections 42J and 42L).

(2) The Secretary may determine that a person commits 2 or more reconnection failures on a day.
Limitation on determining reconnection failures (3) Despite subsection (1), the Secretary must not determine that a person commits a reconnection failure if: (a) the person satisfies the Secretary that the person has a reasonable excuse for the failure; or (b) the person is someone to whom section 42SB applies.

Note: The Secretary must take certain matters into account for the purposes of paragraph (a) and may be prohibited from taking other matters into account for those purposes (see section 42U).
For the purposes of 96 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Compliance with participation payment obligations: declared program participants Provision of benefits Part 3 Division 3A Section 42J paragraph (a), see also section 42UA (about prior notification of excuses).
Reconnection failure period (4) If the Secretary determines that a person commits a reconnection failure, the person commits the failure during the period (the reconnection failure period) that: (a) begins on the day the person commits the failure; and (b) ends on: (i) the day before the person complies with any further reconnection requirement imposed on the person in relation to the reconnection failure; or (ii) if the person fails to comply with a further reconnection requirement imposed on the person in relation to the reconnection failure, and the person satisfies the Secretary that the person has a reasonable excuse for the failure—the day before the person fails to comply with the requirement.
Determining an instalment period (5) The Secretary must include in a determination under this section the instalment period in which a penalty amount (see section 42T) for the reconnection failure is to be deducted from the person’s instalment of a participation payment.
42J Further reconnection requirements (1) The Secretary may require a person to comply with a further requirement (the further reconnection requirement) if the Secretary determines that: (a) the person fails to comply with a reconnection requirement imposed on the person; or (b) the person fails to comply with an earlier further reconnection requirement imposed on the person.
Social Security (Administration) Act 1999 97 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 3A Compliance with participation payment obligations: declared program participants Section 42K Note: The Secretary must notify the person of the effect of not complying with the further reconnection requirement (see section 42K).
(2) The Secretary may impose a further reconnection requirement on a person under subsection (1) even if the person satisfies the Secretary that the person has a reasonable excuse for failing to comply with the reconnection requirement or earlier further reconnection requirement.
42K Notification requirements (1) The Secretary must notify the person that a failure to comply with a reconnection requirement or a further reconnection requirement imposed on the person might result in either or both of the following: (a) a penalty amount being deducted from the person’s participation payment; (b) the person’s participation payment not being payable to the person for a period.
(2) The notification does not have to be in writing, but must occur before the person is required to comply with the reconnection requirement or the further reconnection requirement.

42L Deduction of penalty amount If the Secretary determines that a person commits a reconnection failure, the person’s penalty amount (see section 42T) for the reconnection failure is to be deducted from the person’s instalment of a participation payment for the instalment period determined under subsection 42H(5).
Note: The balance of the penalty amount is to be deducted from instalments of the participation payment for any later instalment periods, or from any instalments of any other participation payment paid to the person (see section 42V).
98 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Compliance with participation payment obligations: declared program participants Provision of benefits Part 3 Division 3A Section 42M Subdivision D—Serious failures 42M Serious failure for persistent non-compliance (1) The Secretary may determine that a person commits a serious failure if: (a) the Secretary is satisfied that the person has, up to the day the Secretary makes the determination, persistently failed to comply with his or her obligations in relation to a participation payment (including by committing no show no pay failures, connection failures or reconnection failures); and (b) the person receives a participation payment for the instalment period in which the Secretary makes the determination.
Note 1: A participation payment is not payable for 8 weeks for a serious failure (see section 42P).

Note 2: For the day the Secretary makes the determination, see section 42Y.

(2) In determining whether a person commits a serious failure under subsection (1): (a) the Secretary must not take into account failures that were outside the person’s control; and (b) the Secretary may only take into account any other failures that occurred intentionally, recklessly or negligently.
Limitations on determining persistent non-compliance serious failures (3) The Secretary must not determine that a person commits a serious failure under subsection (1): (a) while the person is in a serious failure period for another serious failure determined under subsection (1); or (b) if the person is a new apprentice; or (c) if the person is someone to whom section 42SB applies.
Social Security (Administration) Act 1999 99 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 3A Compliance with participation payment obligations: declared program participants Section 42N Legislative instrument (4) The Minister must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether a person persistently failed to comply with his or her obligations in relation to a participation payment.
(5) In deciding whether a person persistently failed to comply with his or her obligations in relation to a participation payment, the Secretary must take the matters determined under subsection (4) into account.

(6) To avoid doubt, subsection (5) does not limit the matters that the Secretary may take into account in deciding whether the person failed to comply with his or her obligations.
42N Serious failure for refusing or failing to accept an offer of suitable employment 42N Serious failure for refusing or failing to accept an offer of paid work (1) The Secretary may determine that a person commits a serious failure if: (a) the person is receiving a participation payment; and (b) the person refuses or fails to accept an offer of suitable employmentpaid work in Australia, except particular paid work that is unsuitable to be done by the person.
NoteNote 1: A participation payment is not payable for 8 weeks for a serious failure (see section 42P).

Note 2: See Division 2B for the circumstances in which paid work is unsuitable to be done by a person.
(2) Despite subsection (1), the Secretary must not determine that a person commits a serious failure under that subsection if: (a) the person satisfies the Secretary that the person has a reasonable excuse for the failure; or 100 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Compliance with participation payment obligations: declared program participants Provision of benefits Part 3 Division 3A Section 42NA (b) the person is someone to whom section 42SB applies.
Note: The Secretary must take certain matters into account for the purposes of paragraph (a) and may be prohibited from taking other matters into account for those purposes (see section 42U).

42NA Comprehensive compliance assessment (1) Before the Secretary determines that a person has committed a serious failure under section 42M, the Secretary must conduct a comprehensive compliance assessment in relation to the person.
(2) The comprehensive compliance assessment must assess the following: (a) the reasons why the person may have committed failures under this Division; (b) the reasons why the person may have failed to meet other requirements under the social security law; (c) whether the person has any barriers to employment; (d) whether the person’s participation requirements are appropriate.
42NC Determination about serious failure requirements and severe financial hardship If the Secretary determines that a person commits a serious failure, the Secretary must also determine that this section applies unless the Secretary is satisfied that: (a) the person does not have the capacity to undertake any serious failure requirement; and (b) serving the serious failure period would cause the person to be in severe financial hardship.
Social Security (Administration) Act 1999 101 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 3A Compliance with participation payment obligations: declared program participants Section 42P 42P Consequences of serious failure Participation payment not payable during serious failure period (1) If the Secretary determines that a person commits a serious failure and has determined that section 42NC applies, a participation payment is not payable to the person during the person’s serious failure period.
Note 1: Note 2: The Secretary may end a serious failure period under section 42Q or determine that a participation payment is payable, despite this section, under section 42R.

The Secretary may continue the participation payment pending the outcome of an application for review (see sections 131 and 145 of the Administration Act).
(2) The person’s serious failure period is the period: (a) beginning on the first day of the first instalment period that begins after the day the Secretary makes the determination; and (b) ending: (i) if the Secretary ends the person’s serious failure period under section 42Q—on the day mentioned in that section; or (ii) otherwise—8 weeks after the period begins.

Note: For the day the Secretary makes the determination, see section 42Y.
Serious failure requirements (3) If the Secretary determines that a person commits a serious failure, then the Secretary may require the person to comply with a requirement (the serious failure requirement).

Note: A person who complies with a serious failure requirement may have his or her serious failure period end under section 42Q.

A person who fails to comply with a serious failure requirement may commit a no show no pay failure under section 42C.
102 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Compliance with participation payment obligations: declared program participants Provision of benefits Part 3 Division 3A Section 42Q 42Q Ending serious failure periods (1) The Secretary may end a person’s serious failure period if: (a) the person begins to comply with a serious failure requirement imposed on the person; or (b) the Secretary determines that: (i) the person does not have the capacity to undertake any serious failure requirement; and (ii) serving the serious failure period would cause the person to be in severe financial hardship.
Note: For in severe financial hardship see subsection 14A(7) of the 1991 Act.

(1A) The Secretary may make a determination under paragraph (1)(b) on request or on his or her own initiative.
(2) The person’s serious failure period ends on: (a) if paragraph (1)(a) applies—the day before the person begins to comply with the requirement; or (b) if the Secretary makes a determination under paragraph (1)(b) on request—the day before the request was made; or (c) if the Secretary makes a determination under paragraph (1)(b) on his or her own initiative—the day before the Secretary makes the determination.

Note: For the day the Secretary makes the determination, see section 42Y.
(3) Section 42NC does not affect the operation of this section.

42R Determining that participation payments payable (1) The Secretary may determine that, despite a person’s serious failure period, a participation payment is payable to the person during the period mentioned in subsection (2) if the person informs the Secretary that the person intends to comply with a serious failure requirement imposed on the person.
Social Security (Administration) Act 1999 103 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 3A Compliance with participation payment obligations: declared program participants Section 42S (2) The participation payment is payable during the period that: (a) begins on the day that the person informs the Secretary; and (b) ends on: (i) the day before the person begins to comply with the serious failure requirement; or (ii) if the person does not begin to comply with the serious failure requirement on the day the person is required to begin—the day before that day.
(3) If a period ends under subparagraph (2)(b)(ii), the period (the payability period) mentioned in subsection (2) does not count towards the 8 weeks of the person’s serious failure period.
Subdivision E—Unemployment resulting from a voluntary act or misconduct 42S Unemployment resulting from a voluntary act or misconduct (1) A participation payment is not payable to a person for the period mentioned in subsection (3) if the Secretary determines that: (a) the person is unemployed as a result (whether direct or indirect) of a voluntary act of the person; or (b) the person is unemployed as a result of the person’s misconduct as an employee.
Note: The Secretary may continue the participation payment pending the outcome of an application for review (see sections 131 and 145 of the Administration Act).

(2) Despite paragraph (1)(a), the Secretary must not make a determination under that paragraph in relation to a person if: (a) the Secretary is satisfied that the voluntary act was reasonable; or (b) the person is someone to whom section 42SB applies.
104 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Compliance with participation payment obligations: declared program participants Provision of benefits Part 3 Division 3A Section 42S Period of non-payment (3) The participation payment is not payable to the person for the period (the unemployment non-payment period) of: (a) 8 weeks beginning on the initial day; or (b) 12 weeks beginning on the initial day if, during the 6 months ending on the day immediately before the person becomes unemployed, relocation assistance, in relation to the employment to which the voluntary act or misconduct related, has been paid to or for the benefit of the person.
Note: The Secretary may end an unemployment non-payment period under subsection (4).
(3A) For the purposes of subsection (3), the initial day is: (a) the day that the person becomes unemployed as a result of the person’s voluntary act or misconduct; or (b) the first day of the first instalment period that begins after the day the Secretary makes the determination if: (i) the Secretary considers that first day is more appropriate than the day mentioned in paragraph (a); and (ii) the person is receiving a participation payment at the time of the voluntary act or misconduct.
Note: For the day the Secretary makes the determination, see section 42Y.

Ending unemployment non-payment periods (4) The Secretary may end a person’s unemployment non-payment period if: (a) the Secretary determines that serving the unemployment non-payment period would cause the person to be in severe financial hardship; and (b) the person is in a class of persons specified by legislative instrument under subsection (5).

Note: For in severe financial hardship see subsection 14A(7) of the 1991 Act.
Social Security (Administration) Act 1999 105 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 3A Compliance with participation payment obligations: declared program participants Section 42SA (5) For the purposes of subsection (4), the Secretary may, by legislative instrument, specify a class of persons.
Subdivision EA—Immediate non-payment of participation payments for certain failures 42SA Immediate non-payment of participation payments for certain failures (1) The Secretary may determine that a participation payment is not payable to a person if: (a) the person fails to participate, on a day, in an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person; or (b) the person fails to attend an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person; or (ba) the person fails to attend an appointment that the person is required to attend by a notice under subsection 63(2); or (c) the person fails to comply with a reconnection requirement or a further reconnection requirement.
Note: If paragraph (1)(a), (b) or (ba) applies, a reconnection requirement must be imposed for that failure (see section 42G).

(1A) Despite subsection (1), the Secretary must not make a determination under that subsection that a participation payment is not payable to a person if the person is someone to whom section 42SB applies.
(2) The participation payment is not payable to the person for the period beginning on the day the person first commits the failure and ending at the end of: (a) for a failure referred to in paragraph (1)(a), (b) or (ba): (i) if the person complies with the reconnection requirement imposed on the person under 106 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Compliance with participation payment obligations: declared program participants Provision of benefits Part 3 Division 3A Section 42SA paragraph 42G(e) because of that failure—the day before the day on which the person so complies; or (ii) if the person fails to comply with the reconnection requirement imposed on the person under paragraph 42G(e) because of that failure—the day before the day on which the person first commits the failure to comply with that reconnection requirement; or (aa) for a failure referred to in paragraph (1)(c)—the day before the day on which the person complies with a reconnection requirement or further reconnection requirement; or (b) if the Secretary determines that an earlier day is more appropriate than the day that would otherwise apply under paragraph (a) or (aa)—that earlier day.
(2AA) If: (a) a participation payment is not payable to a person for a period (the non-payability period) under subsection (2) because of the person’s failure to attend an appointment with the person’s employment provider; and (b) on a day (the relevant day), the Secretary requires the person to attend a rescheduled appointment with the person’s employment provider; and (c) the rescheduled appointment is on a day that is more than 2 business days after the relevant day; then, despite subsection (2), the non-payability period is taken to end under that subsection at the end of the relevant day.
Note 1: The requirement to attend the rescheduled appointment will be a reconnection requirement or further reconnection requirement.

Note 2: For business day, see section 2B of the Acts Interpretation Act 1901.
(2A) If: (a) a participation payment is not payable to a person for a period under subsection (2); and (b) the participation payment is payable to the person for any days occurring before that period begins; Social Security (Administration) Act 1999 107 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 3A Compliance with participation payment obligations: declared program participants Section 42SB then, despite any other provision of the social security law, the Secretary may withhold payment of the participation payment to the person for those days until that period ends.
(3) If a period ends under subsection (2) in relation to a person, then, subject to the social security law, the participation payment becomes payable to the person for that period.

Note: For a failure referred to in paragraph (1)(b) or (ba), a penalty amount may be deducted from the person’s participation payment: see Subdivision EC.

(4) The Secretary must notify the person of a determination under subsection (1).

The Secretary may do so in any way that the Secretary considers appropriate.
Subdivision EB—Failures by certain recipients of parenting payments 42SB Suspension of payments for certain failures (1) This section applies in relation to a person who: (a) is receiving a participation payment that is a parenting payment; and (b) is someone to whom paragraph 500(1)(ca) of the 1991 Act applies.
(2) The Secretary may determine that the parenting payment is not payable to the person if: (a) the person fails to comply with a requirement that was notified to the person under subsection 63(2) or (4); or (b) the person fails to comply with a requirement under section 501 of the 1991 Actsection 40A to enter into an employment pathway plan; or (c) the person fails to participate, on a day, in an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person; or 108 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Compliance with participation payment obligations: declared program participants Provision of benefits Part 3 Division 3A Section 42SC (d) the person fails to attend an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person.
(3) The parenting payment is not payable to the person for the period beginning on the day the person first commits the failure and ending at the end of: (a) the day before the day on which the person notifies the Secretary that the person intends to comply with the requirement; or (b) if the Secretary determines that an earlier day is more appropriate than the day that would otherwise apply under paragraph (a)—that earlier day.
(4) If a period ends under subsection (3) in relation to the person, then, subject to the social security law, the parenting payment becomes payable to the person for that period.

Subdivision EC—Non-attendance failures 42SC Non-attendance failures (1) The Secretary may determine that a person commits a non-attendance failure if the Secretary makes a determination under subsection 42SA(1) because of the person’s failure referred to in paragraph 42SA(1)(b) or (ba).
(2) Despite subsection (1), the Secretary must not determine that a person commits a non-attendance failure if the person satisfies the Secretary that the person has a reasonable excuse for the person’s failure referred to in paragraph 42SA(1)(b) or (ba).

Note: The Secretary must take certain matters into account for the purposes of subsection (2) and may be prohibited from taking other matters into account for those purposes (see section 42U).

See also section 42UA (about prior notification of excuses).
Social Security (Administration) Act 1999 109 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 3A Compliance with participation payment obligations: declared program participants Section 42SD Determining an instalment period (3) The Secretary must include in a determination under this section the instalment period in which a penalty amount (see section 42T) for the non-attendance failure is to be deducted from the person’s instalment of a participation payment.
42SD Deduction of penalty amount If the Secretary determines that a person commits a non-attendance failure, the person’s penalty amount (see section 42T) for the non-attendance failure is to be deducted from the person’s instalment of a participation payment for the instalment period determined under subsection 42SC(3).
Note: The balance of the penalty amount is to be deducted from instalments of the participation payment for any later instalment periods, or from any instalments of any other participation payment paid to the person (see section 42V).
Subdivision F—General provisions 42T Legislative instrument determining method for working out penalty amount (1) The Minister must, by legislative instrument, determine a method for working out a person’s penalty amount for a no show no pay failure, a reconnection failure or a non-attendance failure.
(2) The method determined for a no show no pay failure that a person commits on a day must not provide for a penalty amount for the person that is more than the following: Amount of the person’s instalment of participation payment for the instalment period in which the day occurs Number of days in the person’s instalment period 1.4  110 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Compliance with participation payment obligations: declared program participants Provision of benefits Part 3 Division 3A Section 42T (3) The method determined for a reconnection failure that a person commits must not provide for a penalty amount in respect of a day in the reconnection failure period that is more than the following: Amount of the person’s instalment of participation payment for the instalment period in which the day occurs Number of days in the person’s instalment period 1.4  (3A) The method determined for a non-attendance failure that a person commits must not provide for a penalty amount, in respect of a day in the non-attendance failure penalty period, that is more than the following: Amount of the person’s instalment of participation payment that would, apart from subsection 42SA(2), be payable to the person for the instalment period in which the day occurs Number of days in th e person’s instalment period Any amount withheld under subsection 42SA(2A) for days in the instalment period remains an amount payable to the person for the instalment period.
1.4  Note: (3B) For the purposes of subsection (3A), the non-attendance failure penalty period is the period: (a) beginning on the day the person is notified by the Secretary of the determination under subsection 42SA(1); and (b) ending on the day the period under subsection 42SA(2) ends.
(4) In addition, the method determined for a no show no pay failure or a reconnection failure must relate to: (a) for a person’s no show no pay failure—the amount of the participation payment paid to the person on the day on which the person commits the no show no pay failure; or Social Security (Administration) Act 1999 111 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 3A Compliance with participation payment obligations: declared program participants Section 42U (b) for a person’s reconnection failure—the amount of the participation payment paid to the person during the reconnection failure period.
(5) The method determined by the Minister for working out a person’s penalty amount must not affect any rent assistance, pharmaceutical allowance or youth disability supplement payable to the person.

(6) The method determined may provide for a penalty amount that is nil.

(7) The legislative instrument may also deal with the amount of a penalty amount to be deducted from an instalment of a participation payment.
42U Legislative instruments relating to reasonable excuse Matters to be taken into account (1) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether a person has a reasonable excuse for committing: (a) a no show no pay failure (see paragraph 42C(4)(a)); or (b) a connection failure (see paragraph 42E(4)(a)); or (c) a reconnection failure (see paragraph 42H(3)(a)); or (d) a serious failure (see paragraph 42N(2)(a)); or (e) a non-attendance failure (see subsection 42SC(2)).
(2) To avoid doubt, a determination under subsection (1) does not limit the matters that the Secretary may take into account in deciding whether the person has a reasonable excuse.
Matters not to be taken into account (3) The Secretary may, by legislative instrument, determine matters that the Secretary must not take into account in deciding whether a person has a reasonable excuse for committing: 112 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Compliance with participation payment obligations: declared program participants Provision of benefits Part 3 Division 3A Section 42UA (a) a no show no pay failure (see paragraph 42C(4)(a)); or (b) a connection failure (see paragraph 42E(4)(a)); or (c) a reconnection failure (see paragraph 42H(3)(a)); or (d) a serious failure (see paragraph 42N(2)(a)); or (e) a non-attendance failure (see subsection 42SC(2)).
42UA Prior notification of excuse (1) This section applies in relation to the following failures of a person: (a) a failure to participate, on a day, in an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person; (b) a failure to comply with a serious failure requirement imposed on the person, where the requirement was to undertake an activity on a day or to attend an appointment, or contact a person, at a particular time; (c) a failure to comply with a requirement notified to the person under subsection 63(2), where the requirement was to attend an office of the Department, to contact the Department or to attend a particular place for a particular purpose; (d) a failure to attend an appointment that the person is required to attend by an employment pathway plan that is in force in relation to the person; (e) a failure to comply with a reconnection requirement or a further reconnection requirement, where the requirement was to undertake an activity on a day or to attend an appointment, or contact a person, at a particular time.
(2) For the purposes of subparagraph 42C(4)(a)(ii), paragraph 42E(4)(a) or 42H(3)(a) or subsection 42SC(2), in deciding whether the person has a reasonable excuse for the failure, the following table has effect: Social Security (Administration) Act 1999 113 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 3A Compliance with participation payment obligations: declared program participants Section 42UA Prior notification of excuse For this failure: An excuse cannot be a reasonable excuse unless: 1 A failure referred to in paragraph (1)(a) or (d) 2 A failure referred to in paragraph (1)(b) or (e) 3 A failure referred to in paragraph (1)(c) (a) before the start of the activity on the day concerned or before the time of the appointment, the person notified the excuse to the person or body specified in the employment pathway plan as the person or body to whom prior notice should be given if the person is unable to undertake the activity or attend the appointment; or (b) the Secretary is satisfied that there were circumstances in which it was not reasonable to expect the person to give the notification (a) before the start of the activity on the day concerned or before the time of the appointment or contact, the person notified the excuse to the person or body notified by the Secretary as the person or body to whom prior notice should be given if the person is unable to undertake the activity, attend the appointment or make the contact; or (b) the
 Secretary is satisfied that there were circumstances in which it was not reasonable to expect the person to give the notification (a) before the end of the time specified under subsection 63(2), the person notified the excuse to the person or body notified by the Secretary as the person or body to whom prior notice should be given if the person is unable to attend the office, contact the Department or attend the place; or (b) the Secretary is satisfied that there were circumstances in which it was not reasonable to expect the person to give the notification Note: Despite subsection (2), the Secretary may decide for other reasons that the excuse is not a reasonable excuse.
114 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Compliance with participation payment obligations: declared program participants Provision of benefits Part 3 Division 3A Section 42V 42V Deduction from any participation payment The balance of a person’s penalty amount for a no show no pay failure, a reconnection failure or a non-attendance failure that is not reduced to nil under section 42D, 42L or 42SD is to be deducted from: (a) the instalments of the participation payment referred to in that section for any later instalment periods (until the balance is reduced to nil); and (b) if the balance is not reduced to nil under paragraph (a)—the instalments of any other participation payment paid to the person (until the balance is reduced to nil).
42W Penalty amount not a debt To avoid doubt, a penalty amount is not a debt owed to the Commonwealth under Part 5.2 of the 1991 Act.

42X Payability A participation payment remains payable even if it is reduced to nil as a result of deducting a penalty amount, or the balance of a penalty amount, for a no show no pay failure, a reconnection failure or a non-attendance failure.
42Y Day of determination For the purposes of paragraph 42M(1)(a), 42P(2)(a), 42Q(2)(c) or 42S(3A)(b), the day the Secretary makes the determination is the day the Secretary originally makes the determination (even if another decision in relation to the determination is later made on review).

42YA Relationship between Subdivisions of this Division No Subdivision of this Division limits any other Subdivision of this Division.
Social Security (Administration) Act 1999 115 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 3A Compliance with participation payment obligations: declared program participants Section 42Z 42Z Relationship with section 80 Nothing in this Division affects the power of the Secretary to cancel or suspend a participation payment under section 80 of this Act.
116 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Payment of social security payment Division 4 Section 43 Division 4—Payment of social security payment 43 Payment by instalments Payment in arrears in relation to periods (1) A social security periodic payment is to be paid: (a) in arrears; and (b) by instalments relating to such periods (not exceeding 14 days) as the Secretary determines.
Timing of payments of instalments (2) Subject to sections 52 and 53, instalments of a social security periodic payment are to be paid at such times as the Secretary determines.
Total instalment relating to a period (3) Subject to subsection (4), the amount that is to be paid to a person as an instalment of a social security periodic payment in relation to a period is the total of the amounts of the social security periodic payment (calculated by reference to the daily rate of payment applicable to each day) payable to the person for days in that period on which the social security periodic payment was payable to the person.
Weekly payments of a social security periodic payment (3A) The Secretary may determine that a person is to be paid the total amount of the social security periodic payment relating to an instalment period of 14 days determined under subsection (1) in 2 payments (the part payments) if the person is a member of a class specified under subsection (3B).

(3B) The Minister may by legislative instrument specify a class of persons for the purposes of subsection (3A).
Social Security (Administration) Act 1999 117 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 4 Payment of social security payment Section 43 (3C) The first of the part payments: (a) is not to exceed the total of the amounts of the social security periodic payment (calculated by reference to the daily rate of payment applicable to each day, subject to subsections (4) and (5A)) payable to the person for days that: (i) are days on which the social security periodic payment was payable to the person; and (ii) are included in the first 7 days of the instalment period; and (b) is to be paid at a time determined by the Secretary that is after the first 7 days of the instalment period.
(3D) The other of the part payments: (a) is the excess of the amount that is to be paid to a person as the instalment of the social security periodic payment in relation to the instalment period (see subsection (3)) over the first of the part payments; and (b) is to be paid at a time determined by the Secretary that is after the end of the instalment period.
(3E) If the person is, or is to be, paid the total amount of the social security periodic payment relating to the instalment period in part payments, then it is taken for the purposes of the social security law that: (a) a single instalment of the social security periodic payment is, or is to be, paid in relation to the period; and (b) that instalment is, or is to be, paid when the last of the part payments is, or is to be, made; and (c) that instalment is equal to the total of the part payments.
Note: The total of the part payments equals the amount worked out under subsection (3) (as affected by subsection (4), if relevant) as the amount to be paid to the person as the instalment of the social security periodic payment in relation to the instalment period.
(3F) However, the following provisions of this Act (about deductions from instalments) apply as if each of the part payments were a separate instalment: 118 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Payment of social security payment Division 4 Section 43 (a) section 61; (b) Division 5 of Part 3B; (c) subsection 238(2).
Minimum daily rate (4) If: (a) either or both of the following amounts (the added amounts) are added to a person’s maximum basic rate for a particular day in working out the amount of an instalment of a social security payment: (i) an amount of pharmaceutical allowance; (ii) a pension supplement amount; and (aa) the social security payment: (i) is not a social security pension; or (ii) is a disability support pension to which subsection 1066A(1) or 1066B(1) of the 1991 Act applies; or (iii) if the person has not reached pension age on the day—is a pension PP (single); and (b) if an added amount is a pension supplement amount used by the Rate Calculator to produce an annual rate—the total of the added amounts is more than the person’s pension supplement basic amount; and (c) there is no election by the person under subsection 1061VA(1) of the 1991 Act in force on that day; and (d) apart from this subsection, the portion of the instalment corresponding to that day would be less than the person’s minimum daily rate, but more than a nil amount; the amount of that portion of the instalment is to be increased to the person’s minimum daily rate.
(5) In subsection (4): minimum daily rate, for a person, means: Social Security (Administration) Act 1999 119 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 4 Payment of social security payment Section 43 (a) if an amount of pharmaceutical allowance is an added amount: (i) if the Rate Calculator for the social security payment produces a fortnightly rate—1/14 of that amount; or (ii) if the Rate Calculator for the social security payment produces an annual rate—1/364 of that amount; or (b) if a pension supplement amount is the only added amount— 1/364 of the person’s minimum pension supplement amount.
(5AA) If: (a) either or both of the following amounts (the added amounts) are added to a person’s maximum basic rate for a particular day in working out the amount of an instalment of a social security pension: (i) a pension supplement amount; (ii) energy supplement; and (aa) the social security pension: (i) is not a disability support pension to which subsection 1066A(1) or 1066B(1) of the 1991 Act applies; and (ii) if the person has not reached pension age on the day—is not a pension PP (single); and (b) if one of the added amounts is a pension supplement amount used by the Rate Calculator to produce an annual rate—the pension supplement amount is more than the person’s pension supplement basic amount; and (c) there is no election by the person under subsection 915A(1) or 1061VA(1) of the 1991 Act in force on that day; and (d) apart from this subsection, the portion of the instalment corresponding to that day would be less than the person’s minimum daily rate, but more than a nil amount; the amount of that portion of the instalment is to be increased to the person’s minimum daily rate.
120 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Payment of social security payment Division 4 Section 43 (5AB) For the purposes of subsection (5AA), a person’s minimum daily rate is 1/364 of the total of: (a) the person’s minimum pension supplement amount, if a pension supplement amount is an added amount; and (b) the person’s energy supplement, if energy supplement is an added amount.
No reduction of portion of quarterly pension supplement relating to a day (5A) If: (a) an election by the person under subsection 1061VA(1) of the 1991 Act is in force on a particular day; and (b) apart from this subsection, the portion of the instalment of the person’s quarterly pension supplement that corresponds to that day would be reduced under subsection 1210(3) of the 1991 Act, but not reduced to a nil amount; the amount of that portion of the instalment is not to be reduced under subsection 1210(3) of the 1991 Act.
No reduction of portion of quarterly energy supplement relating to a day (5B) If: (a) quarterly energy supplement is payable to a person for a particular day; and (b) the social security payment to which the quarterly energy supplement relates: (i) is a social security pension; and (ii) is not a disability support pension to which subsection 1066A(1) or 1066B(1) of the 1991 Act applies; and (iii) if the person has not reached pension age on the day—is not a pension PP (single); and (c) apart from this subsection, the portion of the instalment of the person’s quarterly energy supplement that corresponds to Social Security (Administration) Act 1999 121 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 4 Payment of social security payment Section 44 that day would be reduced under subsection 1210(3A) of the 1991 Act; and (d) the reduction of the main rate mentioned in subparagraph 1210(3A)(b)(ii) would not be to a nil amount; the amount of that portion of the instalment is not to be reduced under subsection 1210(3A) of the 1991 Act.
Instalment periods (6) Each of the periods determined by the Secretary under subsection (1) is an instalment period in relation to the social security periodic payment.

44 Payment of instalments to person or nominee (1) Subject to section 45, instalments of a person’s social security periodic payment are to be paid to that person.

(2) If, by virtue of a determination under subsection 46(2), a person’s special employment advance is to be paid by instalments, the instalments are to be paid to that person.
(3) This section has effect subject to Part 3A.

45 Payment of youth allowance—person under 18 and not independent (1) Subject to subsection (2), instalments of youth allowance of a person who is under 18 years of age and is not independent are to be paid on behalf of the person: (a) if the person has only one living parent—to that parent; or (b) if the person has more than one living parent—to the parent nominated in writing by the person to the Secretary.
(2) The Secretary may direct that the whole or a part of the instalments of youth allowance of a person referred to in subsection (1) is to be paid to the person.

122 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Payment of social security payment Division 4 Section 46 (3) If the Secretary gives a direction under subsection (2), the instalments are to be paid in accordance with the direction.
(4) This section has effect subject to Part 3A.

46 Payment of special employment advance (1) Unless the Secretary makes a determination under subsection (2), a person’s special employment advance is to be paid in accordance with section 47.

(2) If the Secretary considers that it is appropriate for a person’s special employment advance to be paid by instalments, the Secretary may determine that the person’s special employment advance is to be so paid.
46A Payment of AGDRP (1) Unless the Secretary makes a determination under subsection (2), a person’s AGDRP is to be paid in accordance with section 47.

(2) If the Secretary considers that it is appropriate for a person’s AGDRP to be paid by instalments, the Secretary may determine that the person’s AGDRP is to be so paid.
46B Payment of AVTOP (1) Unless the Secretary makes a determination under subsection (2), a person’s AVTOP is to be paid: (a) in accordance with section 47; and (b) on the date that is determined by the Secretary to be the earliest date on which it is reasonably practicable for the payment to be made to the person.

(2) If the Secretary considers that it is appropriate for a person’s AVTOP to be paid by instalments, the Secretary may determine that the person’s AVTOP is to be so paid.
Social Security (Administration) Act 1999 123 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 4 Payment of social security payment Section 47 47 Payment of lump sum benefits (1) In this section: lump sum benefit means: (a) an advance payment under section 864A or Part 2.22 of the 1991 Act; or (aa) AGDRP, except where the Secretary has made a determination under subsection 46A(2); or (aaa) AVTOP, except where the Secretary has made a determination under subsection 46B(2); or (ab) child disability assistance; or (b) crisis payment; or (bb) relocation scholarship payment; or (d) education entry payment; or (f) fares allowance; or (g) one-off payment to the aged; or (gd) carer supplement; or (ge) one-off energy assistance payment under Part 2.6 of the 1991 Act; or (gf) one-off energy assistance payment under Part 2.6A of the 1991 Act; or (gg) first 2020 economic support payment under Division 1 of Part 2.6B of the 1991 Act; or (gh) second 2020 economic support payment under Division 2 of Part 2.6B of the 1991 Act; or (gi) additional economic support payment 2020 under Division 1 of Part 2.6C of the 1991 Act; or (gj) additional economic support payment 2021 under Division 2 of Part 2.6C of the 1991 Act; or (h) one-off payment to carers (carer allowance related); or (ha) one-off payment to carers (carer payment related); or (hb) 2005 one-off payment to carers (carer payment related); or 124 Social Security (Administration) Act 1999 Future
 compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Payment of social security payment Division 4 Section 47 (hc) 2005 one-off payment to carers (carer service pension related); or (hd) 2005 one-off payment to carers (carer allowance related); or (he) 2006 one-off payment to carers (carer payment related); or (hf) 2006 one-off payment to carers (wife pension related); or (hg) 2006 one-off payment to carers (partner service pension related); or (hh) 2006 one-off
 payment to carers (carer service pension related); or (hi) 2006 one-off payment to carers (carer allowance related); or (hj) 2007 one-off payment to carers (carer payment related); or (hk) 2007 one-off payment to carers (wife pension related); or (hl) 2007 one-off payment to carers (partner service pension related); or (hm) 2007 one-off payment to carers (carer service pension related); or (hn) 2007 one-off payment to carers (carer allowance related); or (ho) 2008 one-off payment to carers (carer payment related); or (hp) 2008 one-off payment to carers (wife pension related); or (hq) 2008 one-off payment to carers (partner service pension related); or (hr) 2008 one-off payment to carers (carer service pension related); or (hs) 2008 one-off payment to carers (carer allowance related); or (ht) economic security strategy payment; or (hu) training and learning bonus; or (hv) activity supplement; or (hw) farm financial assessment supplement; or (hx) FHA supplement; or (hy) relief payment; or (i) pension bonus; or (ia) pension bonus bereavement payment; or Social Security (Administration) Act 1999 125 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 4 Payment of social security payment Section 47A (j) special employment advance, except where the Secretary has made a determination under subsection 46(2); or (k) clean energy advance; or (l) essential medical equipment payment.
(2) If a claim for crisis payment is granted because of subsection 37(7), the Secretary may pay an amount equal to the amount of the crisis payment to the claimant before the claimant is released from gaol or psychiatric confinement if the Secretary thinks it is necessary to do so in order to ensure that the claimant, on release, will not suffer severe financial hardship.
(3) If an amount is paid to a person under subsection (2), the amount is taken, after the person’s release from gaol or psychiatric confinement, to be a payment of crisis payment made in relation to the claim referred to in subsection (2).

(4) Subject to subsections 47C(3) and (4), section 47DA and Part 3A, a person’s lump sum benefit is to be paid to the person.
47A Payment of one-off payment to the aged One-off payment to the aged is to be paid to a person on the date that is determined by the Secretary to be the earliest date on which it is reasonably practicable for the payment to be made to the person.
47AB Payment of carer supplement If an individual is qualified for carer supplement for a year, the Secretary must pay the supplement to the individual: (a) on the date or dates that the Secretary considers to be the earliest date or dates on which it is reasonably practicable for the payment to be made; and (b) in such manner as the Secretary considers appropriate.
126 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Payment of social security payment Division 4 Section 47AC 47AC Payment of one-off energy assistance payment If a person is qualified for a one-off energy assistance payment under Part 2.6 of the 1991 Act, the Secretary must pay the payment to the person in a single lump sum: (a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and (b) in such manner as the Secretary considers appropriate.
47AD Payment of 2019 one-off energy assistance payment If a person is qualified for a one-off energy assistance payment under Part 2.6A of the 1991 Act, the Secretary must pay the payment to the person in a single lump sum: (a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and (b) in such manner as the Secretary considers appropriate.
47AE Payment of first 2020 economic support payment (1) If a person is qualified for a first 2020 economic support payment under Division 1 of Part 2.6B of the 1991 Act, the Secretary must, subject to subsection (2), pay the payment to the person in a single lump sum: (a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and (b) in such manner as the Secretary considers appropriate.
(2) The Secretary must not pay the payment on or after 1 July 2022.
47AF Payment of second 2020 economic support payment (1) If a person is qualified for a second 2020 economic support payment under Division 2 of Part 2.6B of the 1991 Act, the Social Security (Administration) Act 1999 127 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 4 Payment of social security payment Section 47AG Secretary must, subject to subsection (2), pay the payment to the person in a single lump sum: (a) on the date, occurring on or after 10 July 2020, that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and (b) in such manner as the Secretary considers appropriate.
(2) The Secretary must not pay the payment on or after 1 July 2023.
47AG Payment of additional economic support payment 2020 (1) If a person is qualified for an additional economic support payment 2020 under Division 1 of Part 2.6C of the 1991 Act, the Secretary must, subject to subsection (2), pay the payment to the person in a single lump sum: (a) on the date, occurring on or after 27 November 2020, that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and (b) in such manner as the Secretary considers appropriate.
(2) The Secretary must not pay the payment on or after 1 July 2023.
47AH Payment of additional economic support payment 2021 (1) If a person is qualified for an additional economic support payment 2021 under Division 2 of Part 2.6C of the 1991 Act, the Secretary must, subject to subsection (2), pay the payment to the person in a single lump sum: (a) on the date, occurring on or after 26 February 2021, that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be paid; and (b) in such manner as the Secretary considers appropriate.
(2) The Secretary must not pay the payment on or after 1 July 2023.
128 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Payment of social security payment Division 4 Section 47B 47B Payment of one-off payments to carers (1) If an individual is qualified for one of the payments mentioned in subsection (2), the Secretary must pay the payment to the individual in a single lump sum: (a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and (b) in such manner as the Secretary considers appropriate.
(2) The payments are the following: (a) one-off payment to carers (carer allowance related); (b) one-off payment to carers (carer payment related); (c) 2005 one-off payment to carers (carer payment related); (d) 2005 one-off payment to carers (carer service pension related); (e) 2005 one-off payment to carers (carer allowance related); (f) 2006 one-off payment to carers (carer payment related); (g) 2006 one-off payment to carers (wife pension related); (h) 2006 one-off payment to carers (partner service pension related); (i) 2006 one-off payment to carers (carer service pension related); (j) 2006 one-off payment to carers (carer allowance related); (k) 2007 one-off payment to carers (carer payment related); (l) 2007 one-off payment to carers (wife pension related); (m) 2007 one-off payment to carers (partner service pension related); (n) 2007 one-off payment to carers (carer service pension related); (o) 2007 one-off payment to carers (carer allowance related); (p) 2008 one-off payment to carers (carer payment related); (q) 2008 one-off payment to carers (wife pension related); Social Security (Administration) Act 1999 129 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 4 Payment of social security payment Section 47C (r) 2008 one-off payment to carers (partner service pension related); (s) 2008 one-off payment to carers (carer service pension related); (t) 2008 one-off payment to carers (carer allowance related).
47C Payment of economic security strategy payments and training and learning bonuses (1) If an individual is qualified for an economic security strategy payment, the Secretary must pay the payment to the individual in a single lump sum: (a) on 8 December 2008, or on such later date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and (b) in such manner as the Secretary considers appropriate.
(2) If an individual is qualified for a training and learning bonus, the Secretary must pay the bonus in a single lump sum: (a) to the individual; and (b) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and (c) in such manner as the Secretary considers appropriate.
(3) Despite paragraph (2)(a) of this section, if: (a) the individual is qualified for a training and learning bonus under paragraph 910(2)(a) of the 1991 Act because the individual was receiving youth allowance in respect of 3 February 2009; and (b) the whole or a part of the individual’s instalment of youth allowance in respect of a period that included that day was paid to a parent of the individual under section 45 of this Act; the Secretary may pay the whole, or the same proportion, of the individual’s training and learning bonus to that parent or to any other person.
130 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Payment of social security payment Division 4 Section 47CA (4) Despite paragraph (2)(a) of this section, if: (a) the individual is qualified for a training and learning bonus: (i) under paragraph 910(2)(e) of the 1991 Act because the individual was receiving a payment under the ABSTUDY Scheme in respect of 3 February 2009; or (ii) under paragraph 910(2)(f) or (g) of the 1991 Act because the individual was receiving an education allowance referred to in that paragraph in respect of that day; and (b) the whole or a part of the individual’s instalment of the payment or allowance in respect of a period that included that day was paid to a person (the recipient) other than the individual; the Secretary may pay the whole, or the same proportion, of the individual’s training and learning bonus to the recipient or to any other person.
47CA Payment of activity supplement or farm financial assessment supplement The following payments are to be paid to a person on the date the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made to the person: (a) activity supplement; (b) farm financial assessment supplement.
47CB Payment of FHA supplement or relief payment If a person is qualified for FHA supplement for a qualifying period (within the meaning of the Farm Household Support Act 2014), or relief payment, the Secretary must pay the supplement or payment to the person: (a) on the day the Secretary determines; and (b) in such manner as the Secretary considers appropriate.
Social Security (Administration) Act 1999 131 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 4 Payment of social security payment Section 47D 47D Payment of clean energy advance (1) If an individual is qualified for a clean energy advance, the Secretary must pay the advance to the individual in a single lump sum: (a) on the day that the Secretary considers to be the earliest day on which it is reasonably practicable for the advance to be made; and (b) in such manner as the Secretary considers appropriate.
Note: This section applies to a qualification under Subdivision A or C of Division 1 of Part 2.18A of the 1991 Act.

(2) However, the Secretary must not pay the advance if the Secretary is aware that the individual has died.

47DAA Payment of essential medical equipment payment If an individual is qualified for an essential medical equipment payment, the Secretary must pay the payment to the individual in a single lump sum in such manner as the Secretary considers appropriate.
47DA Relocation scholarship payments If: (a) a person is qualified for a relocation scholarship payment on a particular day because the person is receiving youth allowance; and (b) the whole or a part of the person’s instalment of youth allowance in respect of a period that included that day is paid to a parent of the person under section 45 of this Act; the Secretary may pay the whole, or the same proportion, of the person’s scholarship payment to that parent or to any other person.
132 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Payment of social security payment Division 4 Section 47DB 47DB Student start-up loans (1) If a person is qualified for a student start-up loan for a qualification period: (a) the loan becomes payable to the person on the day the Secretary determines the person’s claim for the loan; and (b) the Secretary must pay the amount of the loan to the person as soon as reasonably practicable after that day.
(2) Despite subsection (1), if: (a) a person is qualified for a student start-up loan for a qualification period because the person is receiving youth allowance; and (b) the whole or a part of the person’s instalment of youth allowance is paid to a parent of the person, under section 45 of this Act, in respect of a period that includes the day the Secretary determines the person’s claim for the loan; the Secretary may pay the whole, or the same proportion, of the person’s loan to that parent or to any other person.
48 Payment of telephone allowance (1) Telephone allowance is to be paid by instalments.

(2) An instalment of telephone allowance is to be paid to a person on each telephone allowance payday on which telephone allowance is payable to the person.

(3) The amount of an instalment of telephone allowance is worked out by dividing the amount of the annual rate of telephone allowance by 4.
(4) In this section: telephone allowance payday means the first day on which an instalment of a social security periodic payment would normally be paid to the person on or after any of the following: (a) 1 January; Social Security (Administration) Act 1999 133 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 4 Payment of social security payment Section 48A (b) 20 March; (c) 1 July; (d) 20 September.
48A Payment of utilities allowance (1) Utilities allowance is to be paid by instalments.

(2) If utilities allowance is payable to a person in relation to a utilities allowance test day, then an instalment of the allowance is to be paid to the person on the person’s first payday on or after that test day.

(3) The amount of an instalment of utilities allowance is worked out by dividing the amount of the annual rate of utilities allowance by 4.
(4) In this section: utilities allowance test day means: (a) 20 March; and (b) 20 June; and (c) 20 September; and (d) 20 December.

48B Payment of energy supplement (1) Energy supplement under Part 2.25B of the 1991 Act is to be paid by instalments.

(2) An instalment of energy supplement is to be paid to a person as soon as is reasonably practicable after the end of an instalment period.
(3) The amount of the instalment is worked out by: (a) working out the amount of the person’s energy supplement for each day in the instalment period; and (b) adding up the amounts resulting from paragraph (a).
134 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Payment of social security payment Division 4 Section 48C (4) In this section: instalment period means a period: (a) in relation to each day of which energy supplement is payable to the person; and Note: For when energy supplement is payable to the person, see section 1061UA of the 1991 Act.
(b) that either begins on any 20 March, 20 June, 20 September or 20 December or does not include any such day; and (c) that either ends on any 19 March, 19 June, 19 September or 19 December or does not include any such day; and (d) that is not included in a longer instalment period.

48C Payment of quarterly pension supplement (1) Quarterly pension supplement is to be paid by instalments.
(2) An instalment of quarterly pension supplement is to be paid to a person as soon as is reasonably practicable after the end of an instalment period.

(3) The amount of the instalment is worked out by multiplying the person’s daily rate of quarterly pension supplement by the number of days in the instalment period.
(4) In this section: instalment period means a period: (a) in relation to each day of which quarterly pension supplement is payable to the person; and Note: For when quarterly pension supplement is payable to the person, see section 1061VA of the 1991 Act.
(b) that either begins on any 20 March, 20 June, 20 September or 20 December or does not include any such day; and (c) that either ends on any 19 March, 19 June, 19 September or 19 December or does not include any such day; and (d) that is not included in a longer instalment period.
Social Security (Administration) Act 1999 135 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 4 Payment of social security payment Section 48D 48D Payment of quarterly energy supplement (1) Quarterly energy supplement is to be paid by instalments.

(2) An instalment of quarterly energy supplement is to be paid to a person as soon as is reasonably practicable after the end of an instalment period.
Note: For when quarterly energy supplement is payable to the person, see section 915 of the 1991 Act.

(3) The amount of the instalment is worked out by: (a) working out the amount of the person’s quarterly energy supplement for each day in the instalment period; and (b) adding up the amounts resulting from paragraph (a).
(4) In this section: instalment period means a period: (a) for each day of which quarterly energy supplement is payable to the person; and Note: For when quarterly energy supplement is payable to the person, see section 915 of the 1991 Act.
(b) that either begins on any 20 March, 20 June, 20 September or 20 December or does not include any such day; and (c) that either ends on any 19 March, 19 June, 19 September or 19 December or does not include any such day; and (d) that is not included in a longer instalment period.

49 Timing of payment of fares allowance (1) Subject to subsection (2), fares allowance for a journey by a person is to be paid as a reimbursement after the journey is made.
(2) If the journey has not been made, the fares allowance for the journey is to be paid before the journey is made.
136 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Payment of social security payment Division 4 Section 50 50 To whom fares allowance is to be paid (1) Subject to subsection (4), if the person is or was receiving youth allowance at the time of the making of the journey, fares allowance is to be paid to the person to whom instalments of the youth allowance are or were being paid under section 44 or 45.
(2) Subject to subsection (4), if the person is or was receiving austudy payment at the time of the making of the journey, fares allowance is to be paid to the person to whom instalments of the austudy payment are or were being paid under section 44.
(3) Subject to subsection (4), if the person is or was receiving pensioner education supplement at the time of the making of the journey, fares allowance is to be paid to the person to whom instalments of the pensioner education supplement are or were being paid under section 44.

(4) If the fares allowance is to be paid as referred to in subsection 49(2), it is to be paid, on behalf of the person, to the commercial operator who provides the person’s means of travel.
(5) This section has effect subject to section 58.

50A Payment of child disability assistance If an individual is qualified for child disability assistance in respect of a particular 1 July, the Secretary must pay the assistance to the individual in a single lump sum: (a) on the date that the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made; and (b) in such manner as the Secretary considers appropriate.
Social Security (Administration) Act 1999 137 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 4 Payment of social security payment Section 51 51 Advance in case of severe financial hardship (1) If: (a) the Secretary determines: (i) that a claim by a person who is in Australia for a social security benefit or pension is to be granted; or (ii) that a social security benefit or pension is payable to a person under section 85; and (b) the Secretary is satisfied that, if the person is required to wait until the end of: (i) the first instalment period in relation to the benefit or pension; or (ii) the first instalment period in relation to the benefit or pension after the resumption of payment of the benefit or pension; for payment of an instalment, the person will suffer severe financial hardship; the Secretary may determine that a specified amount is to be paid to the person in advance.
(2) If: (a) a claim for a social security pension or benefit is granted because of subsection 37(7); and (b) the Secretary makes a determination under subsection (1); the amount payable by virtue of that determination may be paid before the claimant is released from gaol or psychiatric confinement if the Secretary thinks it is necessary to do so in order to ensure that the claimant, on release, will not suffer severe financial hardship.
(3) The operation of subsection (2) is not affected by section 1158, 1162 or 1162A of the 1991 Act.
(4) The amount paid under a determination under subsection (1) is not to exceed the amount that, in the opinion of the Secretary, would 138 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Payment of social security payment Division 4 Section 52 be the total of the amounts payable to the person for the first 14 days on which the benefit or pension is payable to the person.
(5) An amount paid to a person under subsection (1) is taken to be an advance payment of the instalment or instalments, or of that part of the instalment or instalments, that relate to the days referred to in subsection (4).
52 Payment of certain amounts outside Australia (1) This section applies to the following social security payments: (a) age pension; (c) carer payment; (d) disability support pension; (g) pension PP (single) to which clause 105A of Schedule 1A to the 1991 Act applies; (h) pensioner education supplement; (k) special benefit; (l) Northern Territory CDEP transition payment.
(2) If a person who is receiving a social security payment to which this section applies is outside Australia, instalments of the payment are to be paid to the person at such times as the Secretary determines for the purposes of this section.
53 Payment of instalments where pension received under other legislation (1) If: (a) an age pension or a disability support pension is payable to a person; and (b) the person is receiving a veteran’s disability pension; and (c) the Secretary has made a determination, for the purposes of this subsection, that instalments of age pension or disability support pension, as the case may be, are to be paid to the Social Security (Administration) Act 1999 139 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 4 Payment of social security payment Section 54 person on the days on which instalments of the veteran’s disability pension are paid to the person; and (d) the determination has not been revoked; instalments of age pension or disability support pension are to be paid to the person in accordance with the determination.
(2) If: (a) an age pension or a disability support pension is payable to a person; and (b) the person’s partner is receiving: (i) an age pension and a veteran’s disability pension; or (ii) a disability support pension and a veteran’s disability pension; and (c) the Secretary has made a determination, for the purposes of this subsection, that instalments of age pension or disability support pension, as the case may be, are to be paid to the person on the days on which instalments of the veteran’s disability pension are paid to the person’s partner; and (d) the determination has not been revoked; instalments of age pension or disability support pension are to be paid to the person in accordance with the determination.
54 Rounding off instalments of social security payments (1) In this section: instalment means an instalment of a social security payment.

Note: Subsection 43(3E) affects what is an instalment of a social security periodic payment if the Secretary has determined under subsection 43(3A) that a person is to be paid the total amount of a social security periodic payment relating to an instalment period in 2 payments.
(2) If the amount of an instalment would be: (a) one or more whole dollars and a part of a cent; or (b) one or more whole dollars and cents and a part of a cent; 140 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Payment of social security payment Division 4 Section 55 the amount is to be increased or decreased to the nearest whole cent.
(3) If the amount of an instalment would be: (a) one or more whole dollars and 0.5 cent; or (b) one or more whole dollars and cents and 0.5 cent; the amount is to be increased by 0.5 cent.

(4) If, apart from this subsection, the amount of an instalment would be less than $1.00, the amount is to be increased to $1.00.

55 Payment into bank account etc.


(1) Subject to Part 3A, an amount (the relevant amount) that is to be paid to a person under section 44, 45, 47, 47DA, 47DB, 48, 48A, 48B, 48C, 48D or 50 is to be paid in the manner set out in this section.

(2) Subject to subsections (4) and (4A), the relevant amount is to be paid to the credit of a bank account nominated and maintained by the person.
(3) The account may be an account that is maintained by the person either alone or jointly or in common with another person.

(4) The Secretary may direct that the whole or a part of the relevant amount be paid to the person in a different way from that provided for by subsection (2).

If the Secretary gives a direction, the relevant amount is to be paid in accordance with the direction.
(4A) Fares allowance is to be paid to a person as follows: (a) fares allowance is to be paid to the credit of the bank account to the credit of which payments of youth allowance, austudy payment or pensioner education supplement payable to the person are or were made; (b) if, because of a direction under subsection (4), youth allowance, austudy payment or pensioner education supplement is not paid to the credit of a bank account, fares Social Security (Administration) Act 1999 141 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 4 Payment of social security payment Section 56 allowance is to be paid in the same way as the youth allowance, austudy payment or pensioner education supplement, as the case may be.
(5) If, at the end of the period of 28 days starting on the day on which the Secretary requested the person to nominate an account for the purposes of subsection (2) (the 28 day period): (a) the person has not nominated an account for the purposes of subsection (2); and (b) the Secretary has not given, or has revoked, a direction under subsection (4) in relation to the payment of the relevant amount to the person; the relevant amount ceases to be payable to the person.
(6) If the person nominates an account for the purposes of subsection (2) after the end of the 28 day period, the relevant amount again becomes payable to the person and is so payable: (a) if the nomination is made within 13 weeks after the end of the 28 day period—on and from the first day after the end of that period; or (b) if the nomination is not so made—on and from the day on which the nomination is made.
(7) Subsection (6) does not apply at a time when, because of the operation of another provision of the social security law, the relevant amount is not payable to the person.
56 Youth allowance—failure to nominate parent (1) This section applies to a person if: (a) the person is under 18 years of age and is not independent; and (b) youth allowance has become payable to the person; and (c) the person has more than one living parent; and (d) at the end of the period of 28 days starting on the day on which youth allowance became payable to the person: 142 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Payment of social security payment Division 4 Section 57 (i) the person has not nominated a parent for the purposes of subsection 45(1); and (ii) the Secretary has not given a direction under subsection 45(2) in relation to payment of instalments of the person’s youth allowance.
(2) Youth allowance is not payable to a person while this section applies to the person.

(3) If a person to whom this section applies nominates a parent for the purposes of subsection 45(1), this section ceases to apply to the person.

57 Change of particular payday If the Secretary is satisfied that an amount that would, apart from this section, be paid on a particular day cannot reasonably be paid on that day, the Secretary may direct that the amount be paid on an earlier day.
58 Payment of social security payment after death (1) If: (a) an amount representing a social security payment (other than pension bonus, pension bonus bereavement payment or a student start-up loan) is payable to a person; and (b) the person dies; and (c) another person applies to receive the amount; and (d) the application is made: (i) within 26 weeks after the death; or (ii) within such further period as is allowed by the Secretary in the special circumstances of the case; the Secretary may pay the amount to the person who, in the Secretary’s opinion, is best entitled to it.
Social Security (Administration) Act 1999 143 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 4 Payment of social security payment Section 59 (2) If the Secretary pays an amount of a social security payment under subsection (1), the Commonwealth has no further liability to any person in respect of that amount.
59 Payment of pension bonus or pension bonus bereavement payment after death (1) This section sets out the only circumstances in which a pension bonus or a pension bonus bereavement payment will be payable after the death of the person concerned.
(1A) If: (a) a person claims a pension bonus; and (b) the person dies; and (c) at the time of the person’s death, the person had received the bonus; and (d) after the person’s death, the Secretary determines that the person’s bonus is to be increased under section 93K or 93L; the increase is payable to the legal personal representative of the person.
(2) If: (a) a person claims a pension bonus or a pension bonus bereavement payment; and (b) the person dies; and (c) at the time of the person’s death, the claim had been granted, but the person had not received the bonus or payment; the bonus or payment is payable to the legal personal representative of the person.
(3) If: (a) a person claims a pension bonus or a pension bonus bereavement payment; and (b) the person dies; and (c) at the time of the person’s death, the claim had not been determined; 144 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Payment of social security payment Division 4 Section 59 then: (d) the Secretary must determine the claim after the person’s death as if the person had not died; and (e) if the claim is granted—the bonus or payment is payable to the legal personal representative of the person.
(4) If: (a) under paragraph (3)(d), the Secretary is required to determine a claim for pension bonus after a person’s death; and (b) at the time of the person’s death, the person’s claim for age pension had not been determined; then, for the purposes of the determination of the claim for pension bonus, the following provisions have effect: (c) the requirements of paragraph 92C(a) of the 1991 Act are taken to be satisfied if: (i) the person would have started to receive an age pension if he or she had not died; and (ii) that age pension would have been received otherwise than because of a scheduled international social security agreement; (d) Division 6 of Part 2.2A of the 1991 Act has effect as if: (i) a reference in that Division to a particular rate were a reference to the rate that would have been applicable to the person if the person had not died; and (ii) a reference in that Division to the date of grant of the age pension were a reference to the date on which the age pension would have been granted if the person had not died; (e) this Act has effect as if subsections 17(2) and 34(2) were omitted.
(4A) If a pension bonus is payable to the legal personal representative of a person under subsection (2) or (3), any increase in that bonus determined by the Secretary under section 93K or 93L is also payable to that legal personal representative.
Social Security (Administration) Act 1999 145 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 4 Payment of social security payment Section 59 (5) If a pension bonus or pension bonus bereavement payment is paid under subsection (2) or (3), the Commonwealth has no further liability to any person in respect of that bonus or payment.
146 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Protection of social security payments Division 5 Section 60 Division 5—Protection of social security payments 60 Protection of social security payment (1) A social security payment is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.
(2) This section has effect subject to: (a) sections 61 and 238 of this Act; and (aa) Parts 3B and 3D of this Act; and (b) sections 1231 and 1234A of the 1991 Act.

61 Deduction at request of recipient—payments to Commissioner of Taxation (1) This section applies if a person asks the Secretary: (a) to make deductions from instalments of a social security payment payable to the person; and (b) to pay the amounts deducted to the Commissioner of Taxation.
(2) The Secretary may make the deductions requested by the person, and if the Secretary does so, the Secretary must pay the amounts deducted to the Commissioner of Taxation.

61A Deduction at request of recipient—other payments (1) This section applies if a person asks the Secretary: (a) to make deductions from instalments of a social security payment payable to the person; and (b) to pay the amounts deducted to a business or organisation nominated by the person.
(2) The Secretary may make the deductions requested by the person, and if the Secretary does so, the Secretary must pay the amounts deducted to the business or organisation nominated by the person.
Social Security (Administration) Act 1999 147 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 5 Protection of social security payments Section 62 62 Effect of garnishee or attachment order (1) If: (a) a person has an account with a financial institution; and (b) either or both of the following subparagraphs apply: (i) instalments of a social security payment payable to the person (whether on the person’s own behalf or not) are being paid to the credit of the account; (ii) an advance payment of a social security payment payable to the person (whether on the person’s own behalf or not) has been paid to the credit of the account; and (c) a court order in the nature of a garnishee order comes into force in respect of the account; the court order does not apply to the saved amount (if any) in the account.
(2) The saved amount is worked out as follows: Method statement Step 1.

Work out the total amount payable to the person in respect of the social security payment that has been paid to the credit of the account during the 4 week period immediately before the court order came into force.

Step 2.

Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the saved amount.
(3) This section applies to an account whether it is maintained by a person: (a) alone; or (b) jointly with another person; or (c) in common with another person.

148 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Requirement to provide information, undergo medical examination etc.

Division 6 Section 63 Division 6—Requirement to provide information, undergo medical examination etc.
Subdivision A—General 63 Requirement to attend Department etc.

Secretary may require person to attend Department etc.
(1) Subsection (2) applies to a person if: (a) the person is receiving, or has made a claim for, a social security payment; or (b) the person is the holder of, or has made a claim for, a concession card; or (c) the Department is contacted by or on behalf of the person in relation to a claim for: (i) if the person is not undertaking full-time study and is not a new apprentice—youth allowance; or (ii) in any case—jobseeker payment; to be paid to the person.
(2) If the Secretary is of the opinion that a person to whom this subsection applies should: (a) attend an office of the Department; or (b) contact the Department; or (c) attend a particular place for a particular purpose; or (d) give information to the Secretary; the Secretary may notify the person that he or she is required, within a specified time, to do that act or thing.
However, the Secretary may not, under this subsection, notify a person that he or she is required to do an act or thing referred to in paragraph (4)(a) or (b).

Social Security (Administration) Act 1999 149 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 6 Requirement to provide information, undergo medical examination etc.

Section 63 Secretary may require person to provide proof of life certificate etc.
(2AA) Subsections (2AB) and (2AC) apply to a person if: (a) the person has reached 80 years of age; and (b) the person is receiving any of the following social security payments: (i) age pension; (ii) carer payment; (iii) disability support pension; and (c) the person was continuously absent from Australia throughout the previous 2 years.
(2AB) The Secretary may notify a person to whom this subsection applies that: (a) the person is required, within the 13-week period beginning when the notice is given, to give the Secretary a proof of life certificate that: (i) relates to the person; and (ii) was completed within that 13-week period; and (b) the requirement does not apply if the person enters Australia within that 13-week period.
(2AC) If this subsection applies to a person, the Secretary must notify the person under subsection (2AB) at least once every 2 years.

Secretary may require person to undergo medical examination etc.
(3) Subsection (4) applies to a person if: (a) the person is receiving, or has claimed, any of the following social security payments: (i) disability support pension; (ii) parenting payment; (iii) youth allowance; (iv) jobseeker payment; (vi) special benefit; 150 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Requirement to provide information, undergo medical examination etc.
Division 6 Section 63 (vii) mobility allowance; or (b) the Department is contacted by or on behalf of the person in relation to a claim for youth allowance or jobseeker payment to be paid to the person.
(4) If the Secretary is of the opinion that a person to whom this subsection applies should: (a) complete a questionnaire; or (b) undergo a medical, psychiatric or psychological examination (whether or not at a particular place), and provide to the Secretary the report, in the approved form, of the person who conducts the examination; the Secretary may notify the person that he or she is required, within a specified time, to do that act or thing.
Method for giving notice (5) The Secretary may notify a person under subsection (2), (2AB) or (4): (a) by sending the notice by prepaid post addressed to the person at his or her postal address last known to the Secretary; or (b) in any other way the Secretary considers appropriate.

Validity of notice not affected in certain circumstances (6) A failure to specify the particular purpose in a notice given to a person for the purposes of paragraph (2)(c) does not affect the validity of the notice.
Consequence of not informing person of effect of failure to comply with requirement in notice (7) If a person is notified under subsection (2), (2AB) or (4) and the notice does not inform the person of the effect of section 64, subsection 64(1) or (5) (as the case requires) does not apply to the person in relation to the requirement in the notice.
Social Security (Administration) Act 1999 151 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 6 Requirement to provide information, undergo medical examination etc.
Section 63A 63A Proof of life certificate (1) For the purposes of this Act, a proof of life certificate that relates to a person is a certificate that: (a) is expressed to relate to the person; and (b) complies with the requirements of subsections (2), (3), (4), (5) and (6); and (c) is in a form approved by the Secretary; and (d) contains such other information (if any) as required by the approved form.
(2) A proof of life certificate that relates to a person must include a statement to the effect that the person is alive.

(3) The statement mentioned in subsection (2) must be: (a) signed and dated by the person; or (b) if: (i) the approved form allows another person to sign the statement on behalf of the person if one or more specified requirements are met; and (ii) those requirements are met; signed and dated by the other person.
(4) A proof of life certificate that relates to a person must include a statement by an authorised certifier to the effect that: (a) the authorised certifier has sighted the person while in the physical presence of the person; and (b) the authorised certifier has verified the identity of the person using the method, or one of the methods, set out in the approved form; and (c) the authorised certifier is satisfied that the person is alive.
(5) The statement mentioned in subsection (4) must be signed and dated by the authorised certifier.

(6) Both: (a) the statement mentioned in subsection (2); and 152 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Requirement to provide information, undergo medical examination etc.

Division 6 Section 64 (b) the statement mentioned in subsection (4); must be signed and dated within a 7-day period.
Compliance with form (7) Section 25C of the Acts Interpretation Act 1901 does not apply to a proof of life certificate.

Authorised certifier (8) For the purposes of this section, an authorised certifier is a person included in a class of persons specified in a determination under subsection (9).

(9) The Secretary may, by legislative instrument, determine one or more classes of persons for the purposes of subsection (8).
(10) To avoid doubt, it is immaterial whether any or all of the persons included in such a class are in or outside Australia.

64 Effect of failing to comply with requirement to attend Department etc.
Person receiving, or claiming, social security payment (1) If: (a) a person is receiving, or has made a claim for, a social security payment; and (b) the Secretary notifies the person under subsection 63(2), (2AB) or (4); and (c) the requirement in the notice is reasonable; and (d) the person does not comply with the requirement; and (e) except if the person is receiving, or has made a claim for, a participation payment—the Secretary is not satisfied that the person had a reasonable excuse for not complying with the requirement; and Social Security (Administration) Act 1999 153 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 6 Requirement to provide information, undergo medical examination etc.
Section 64 (f) the Secretary is satisfied that it is reasonable for this subsection to apply to the person; the payment that the person is receiving or has claimed is not payable.
(1A) Subsection (1) does not apply if: (a) the person is receiving a participation payment; and (b) the person fails to attend an appointment that the person is required to attend by a notice under subsection 63(2); and (c) the Secretary makes a determination under section 42AF or subsection 42SA(1) in relation to the person and the failure.
(2) Subsection (1) does not apply if: (a) the person is receiving, or has made a claim for, youth allowance; and (b) the notice included a statement to the effect that a failure to comply with the requirement in the notice could constitute a youth allowance participation failure.
Note: If a recipient of, or claimant for, youth allowance does not comply with a requirement notified under subsection 63(2) or (4), this may result in the payment not being payable to the person: see sections 550B and 551 of the 1991 Act.
(3) Subsection (1) does not apply if: (a) the person is receiving, or has made a claim for, an austudy payment; and (b) the notice included a statement to the effect that a failure to comply with the requirement in the notice could constitute an austudy participation failure.
Note: If a recipient of, or claimant for, an austudy payment does not comply with a requirement notified under subsection 63(2), this may result in the payment not being payable to the person: see sections 576A and 577 of the 1991 Act.
(4) If: (a) a social security payment is not payable to a person because of subsection (1); and 154 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Requirement to provide information, undergo medical examination etc.
Division 6 Section 64 (b) the Secretary is satisfied that it is no longer reasonable for that subsection to apply to the person in relation to the requirement in the notice given to the person under subsection 63(2), (2AB) or (4); the Secretary may determine that, on and after a day specified by the Secretary, subsection (1) ceases to apply to the person in relation to that requirement.
Person holding, or claiming, concession card (5) If: (a) a person is the holder of, or has made a claim for, a concession card; and (b) the Secretary notifies the person under subsection 63(2); and (c) the requirement in the notice is reasonable; and (d) the person does not comply with the requirement; and (e) the Secretary is not satisfied that the person had a reasonable excuse for not complying with the requirement; and (f) the Secretary is satisfied that it is reasonable for this subsection to apply to the person; the person ceases to be, or is not, qualified for the concession card.
(6) If: (a) a person has ceased to be, or is not, qualified for a concession card because of subsection (5); and (b) the Secretary is satisfied that it is no longer reasonable for that subsection to apply to the person in relation to the requirement in the notice given to the person under subsection 63(2); the Secretary may determine that, on and after a day specified by the Secretary, subsection (5) ceases to apply to the person in relation to that requirement.
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Section 66 66 Notice to obtain foreign payment (1) This section applies to the following social security payments: (a) age pension; (c) carer payment: (d) disability support pension; (e) parenting payment; (f) special needs age pension; (g) special needs disability support pension; (i) special needs wife pension; (j) widow allowance; (m) farm household allowance in relation to a person who has reached pension age.
(2) If: (a) a person claims, or is receiving, a social security payment to which this section applies; and (b) the Secretary is satisfied that the person may be entitled to a comparable foreign payment from a foreign country if the person applied for the payment; the Secretary may give the person a notice that requires the person to take reasonable action to obtain the payment at the highest rate applicable to the person.
(3) If: (a) a person claims, or is receiving, a social security payment to which this section applies; and (b) the Secretary is satisfied that the person’s partner may be entitled to a comparable foreign payment from a foreign country if the partner applied for the payment; the Secretary may give the person a notice that requires the partner to take reasonable action to obtain the payment at the highest rate applicable to the partner.
(4) A notice under subsection (2) or (3): (a) must be given in writing; and 156 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Requirement to provide information, undergo medical examination etc.

Division 6 Section 66A (b) may be given personally or by post or in any manner approved by the Secretary; and (c) must specify the period within which the reasonable action is to be taken.
(5) The period specified under paragraph (4)(c) must not end earlier than 14 days after the day on which the notice is given.

Subdivision B—Requirement to give information about change of circumstances etc.

66A General requirement to inform of a change of circumstances etc.
Person who has made a claim (1) If: (a) a person has made a claim for: (i) a social security payment; or (ii) a concession card; and (b) the claim has been granted or has not been determined; and (c) an event or change of circumstances occurs that might affect the payment of that social security payment or the person’s qualification for the concession card; the person must, within 14 days after the day on which the event or change occurs, inform the Department of the occurrence of the event or change.
Person receiving a social security payment or holding a concession card (2) If: (a) either: (i) a social security payment (other than utilities allowance or energy supplement under Part 2.25B of the 1991 Act) is being paid to a person; or Social Security (Administration) Act 1999 157 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 6 Requirement to provide information, undergo medical examination etc.
Section 66A (ii) a person holds a concession card; and (b) an event or change of circumstances occurs that might affect the payment of that social security payment or the person’s qualification for the concession card; the person must, within 14 days after the day on which the event or change occurs, inform the Department of the occurrence of the event or change.
Person who has received a social security payment or held a concession card (3) If: (a) either: (i) a person is not receiving a social security payment but a social security payment (other than utilities allowance or energy supplement under Part 2.25B of the 1991 Act) has at any time been paid to the person; or (ii) a person does not hold a concession card but has at any time held such a card; and (b) an event or change of circumstances occurs that might have affected the payment of that social security payment or the person’s qualification for the concession card; the person must, within 14 days after the day on which the event or change occurs, inform the Department of the occurrence of the event or change.
Interaction with notices under this Subdivision (4) If: (a) a person is subject to a requirement under subsection (1), (2) or (3) in relation to an event or change of circumstances; and (b) the person is given, or purportedly given, a notice under this Subdivision in relation to the same event or change of circumstances; and (c) the person complies with the notice to the extent that it relates to that event or change; 158 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Requirement to provide information, undergo medical examination etc.
Division 6 Section 67 the person is taken to have also complied with that requirement within the period referred to in that subsection.

(5) Subsection (4) does not apply if the notice is given after the end of the period referred to in subsection (1), (2) or (3).

(6) This section does not limit the power of the Secretary to give a person a notice under this Subdivision.
67 Person who has made a claim (1) Subsection (2) applies to a person if: (a) the person has made a claim for a social security payment; and (b) either: (i) the claim has been granted; or (ii) the claim has not been determined.
(2) The Secretary may give a person to whom this subsection applies a notice in writing that requires the person to do any or all of the following: (a) inform the Department if: (i) a specified event or change of circumstances occurs; or (ii) the person becomes aware that a specified event or change of circumstances is likely to occur; (b) give the Department a statement about a matter that might affect the payment to the person of the social security payment; (c) give the Department a statement about a matter that might affect the operation, or prospective operation, of Part 3B in relation to the person.
(3) Subsection (4) applies to a person if: (a) the person has made a claim for a concession card; and (b) either: (i) the claim has been granted; or Social Security (Administration) Act 1999 159 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 6 Requirement to provide information, undergo medical examination etc.

Section 68 (ii) the claim has not been determined.
(4) The Secretary may give a person to whom this subsection applies a notice in writing that requires the person to do either or both of the following: (a) inform the Department if: (i) a specified event or change of circumstances occurs; or (ii) the person becomes aware that a specified event or change of circumstances is likely to occur; (b) give the Department a statement about a matter that might affect the person’s qualification for the concession card.
(5) An event or change of circumstances is not to be specified in a notice under this section unless the occurrence of the event or change of circumstances might: (a) affect the payment of the social security payment or the person’s qualification for the concession card, as the case requires; or (b) affect the operation, or prospective operation, of Part 3B in relation to the person.
68 Person receiving social security payment or holding concession card (1) Subsection (2) applies to a person to whom a social security payment (other than utilities allowance or energy supplement under Part 2.25B of the 1991 Act) is being paid.
(2) The Secretary may give a person to whom this subsection applies a notice that requires the person to do any or all of the following: (a) inform the Department if: (i) a specified event or change of circumstances occurs; or (ii) the person becomes aware that a specified event or change of circumstances is likely to occur; 160 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Requirement to provide information, undergo medical examination etc.
Division 6 Section 68 (b) give the Department one or more statements about a matter that might affect the payment to the person of the social security payment; (c) give the Department one or more statements about a matter that might affect the operation, or prospective operation, of Part 3B in relation to the person.

(3) Subsection (4) applies to a person who is the holder of a concession card.
(4) The Secretary may give a person to whom this subsection applies a notice that requires the person to do either or both of the following: (a) inform the Department if: (i) a specified event or change of circumstances occurs; or (ii) the person becomes aware that a specified event or change of circumstances is likely to occur; (b) give the Department a statement about a matter that might affect the person’s qualification for the concession card.
(5) An event or change of circumstances is not to be specified in a notice under this section unless the occurrence of the event or change of circumstances might: (a) affect the payment of the social security payment or the person’s qualification for the concession card, as the case requires; or (b) affect the operation, or prospective operation, of Part 3B in relation to the person.
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Section 69 69 Person who has received a social security payment or who has held a concession card (1) Subsection (2) applies to a person who is not receiving a social security payment but to whom a social security payment (other than utilities allowance or energy supplement under Part 2.25B of the 1991 Act) has at any time been paid.
(2) The Secretary may give a person to whom this subsection applies a notice that requires the person to do either or both of the following: (a) inform the Department whether a specified event or change of circumstances has occurred; (b) give the Department a statement about a matter that might have affected the payment to the person of the social security payment.

(3) Subsection (4) applies to a person who is not the holder of a concession card but has at any time held such a card.
(4) The Secretary may give a person to whom this subsection applies a notice that requires the person to do either or both of the following: (a) inform the Department whether a specified event or change of circumstances has occurred; (b) give the Department a statement about a matter that might have affected the person’s qualification for the concession card.
(5) An event or change of circumstances is not to be specified in a notice under this section unless the occurrence of the event or change of circumstances might have affected the payment of the social security payment or the person’s qualification for the concession card, as the case requires.
(6) A person is not required to comply with a notice under this section if the notice requires the person to give information or a statement about an event or change of circumstances that occurred, or a matter that arose, more than 13 weeks before the giving of the notice.

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Division 6 Section 70 70 Care receiver in respect of whom carer payment being made (1) If a person is being paid a carer payment because he or she is providing constant care (or, if section 197F of the 1991 Act applies to the person, care) for a care receiver (other than one to whom subsection 198(7) of the 1991 Act applies) or care receivers, the Secretary may give a notice to: (a) any care receiver who is 16 or more; or (b) a parent of any care receiver who is under 16; that requires the care receiver or parent, as the case may be, to inform the Department if: (c) a specified event or change of circumstances occurs; or (d) he or she becomes aware that a specified event or change of circumstances is likely to occur.
(2) The notice may describe the event or change of circumstances specified in the notice as a notifiable event for the purposes of section 198C of the 1991 Act.

70A Person who is subject to the income management regime etc.
Scope (1) This section applies to a person if: (a) the person is subject to the income management regime (within the meaning of Part 3B); or (b) the Secretary is satisfied that it is likely that the person will become subject to the income management regime (within the meaning of Part 3B).
Requirement (2) The Secretary may give the person a notice that requires the person to do either or both of the following: (a) inform the Department if: (i) a specified event or change of circumstances occurs; or Social Security (Administration) Act 1999 163 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 6 Requirement to provide information, undergo medical examination etc.
Section 70B (ii) the person becomes aware that a specified event or change of circumstances is likely to occur; (b) give the Department one or more statements about a matter that might affect the operation, or prospective operation, of Part 3B in relation to the person.
(3) An event or change of circumstances is not to be specified in a notice under this section unless the occurrence of the event or change of circumstances might affect the operation, or prospective operation, of Part 3B in relation to the person.

70B Person who is subject to cashless welfare arrangements etc.
Scope (1) This section applies to a person if: (a) the person is a program participant (within the meaning of Part 3D) for the purposes of cashless welfare arrangements; or (b) the person is a voluntary participant (within the meaning of that Part) for the purposes of cashless welfare arrangements.
Requirement (2) The Secretary may give the person a notice that requires the person to do either or both of the following: (a) inform the Department if: (i) a specified event or change of circumstances occurs; or (ii) the person becomes aware that a specified event or change of circumstances is likely to occur; (b) give the Department one or more statements about a matter that might affect the operation, or prospective operation, of Part 3D in relation to the person.
(3) An event or change of circumstances is not to be specified in a notice under this section unless the occurrence of the event or 164 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Requirement to provide information, undergo medical examination etc.

Division 6 change of circumstances might affect the operation, or prospective operation, of Part 3D in relation to the person.
Section 72 72 Provisions relating to notice (1) A notice under this Subdivision: (a) must be given in writing; and (b) may be given personally or by post or in any other manner approved by the Secretary; and (c) must specify how the person is to give the information or statement to the Department; and (d) must specify: (i) in the case of a notice under section 68 that requires the giving of more than one statement, each relating to the payment of the social security payment in respect of a period—the date by which the person is to give each statement to the Department; or (ii) in any other case—the period within which the person is to give the information or statement to the Department; and (e) must specify that the notice is an information notice given under the social security law.
(2) A notice under this Subdivision is not invalid merely because it fails to comply with paragraph (1)(c) or (e).

(2A) A date specified for the purposes of subparagraph (1)(d)(i) must be no earlier than 7 days after: (i) the day on which the notice under section 68 is given; or (ii) the day on which the period specified in the notice in relation to that first mentioned date begins; whichever is the later.
(3) Subject to subsections (4), (6) and (7), the period specified for the purpose of subparagraph (1)(d)(ii) must: Social Security (Administration) Act 1999 165 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 6 Requirement to provide information, undergo medical examination etc.
Section 72 (a) in the case of a notice under section 67, 68 or 69 that requires the giving of information about an event or change of circumstances consisting of the receipt by the person of a compensation payment—be the period of 7 days after the day on which the person becomes aware that he or she has received, or is to receive, a compensation payment; or (b) in the case of a notice under section 67, 68 or 69 that requires the giving of any other information, or a notice under section 70—be the period of 14 days after: (i) the day on which the event or change of circumstances occurs; or (ii) the day on which the person becomes aware that the event or change of circumstances is likely to occur; as the case may be; or (c) in the case of a notice under section 67 or 68 that requires the giving of a statement that relates to the payment of the social security payment in respect of a period specified in the notice—end not earlier than 7 days after the day on which the notice is given; or (d) in the case of a notice under section 67, 68 or 69 that requires the giving of a statement, not being a notice to which paragraph (c) applies—end not earlier than 14 days after the day on which the notice is given; or (e) in the case of a notice under section 70A that requires the giving of information mentioned in paragraph 70A(2)(a)—be the period of 14 days after: (i) the day on which the event or change of circumstances occurs; or (ii) the day on which the person becomes aware that the event or change of circumstances is likely to occur; as the case may be; or (f) in the case of a notice under section 70A that requires the giving of a statement mentioned in paragraph 70A(2)(b)— end not earlier than 14 days after the day on which the notice is given.
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Division 6 Section 72 (4) If the Secretary is satisfied that there are special circumstances related to a person who is to be given a notice under this Subdivision that requires the giving of information about an event or change of circumstances, the period to be specified for the purpose of subparagraph (1)(d)(ii) is such period as the Secretary directs in writing, being a period that ends not less than 15 days, and not more than 28 days, after: (a) in the case of a notice under section 67, 68 or 70A: (i) the day on which the event or change of circumstances occurs; or (ii) the day on which the person becomes aware that the event or change of circumstances is likely to occur; or (b) in the case of a notice under section 69—the day on which the notice is given.
(6) If a notice under section 67, 68 or 70A specifies an event consisting of the death of a person, the period to be specified under subparagraph (1)(d)(ii) is a period of 28 days after the day on which the event occurs.

(7) To the extent that a notice under section 67, 68 or 70A requires a person to inform the Department of any proposal by the person to leave Australia, subsection (3) does not apply to the notice.
(8) For the purposes of any provision of this Act, other than section 74 or a provision of Part 6, a person is taken to have failed to comply with a notice under this Subdivision if, in response to the notice: (a) the person gives information or a statement; and (b) the information or statement is false or misleading; and (c) the person is reckless as to whether the information or statement is false or misleading.
(9) Nothing in this section prevents the giving of more than one notice under this Subdivision to the same person in relation to: (a) a claim by the person for the same social security payment or concession card; or Social Security (Administration) Act 1999 167 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 6 Requirement to provide information, undergo medical examination etc.
Section 73 (b) the receipt by the person of the same social security payment; or (c) the holding by the person of the same concession card.

73 Application of provisions Sections 66A to 72 extend to: (a) acts, omissions, matters and things outside Australia, whether or not in a foreign country; and (b) all persons irrespective of their nationality or citizenship.

74 Offence—failure to comply with notice (1) A person must not refuse or fail to comply with a notice under section 67, 68, 69, 70 or 70A.
Penalty: Imprisonment for 6 months.

(2) Subsection (1) applies only to the extent to which the person is capable of complying with the notice.

(3) Subsection (1) does not apply if the person has a reasonable excuse.

(4) Subsection (1) is an offence of strict liability.
Subdivision C—Provision of tax file numbers 75 Requesting tax file numbers Persons who may be requested to provide tax file numbers (1) The Secretary may make a request under subsection (2), (3) or (4) of a person (the request recipient) in Australia who: (a) is making, or has made, a claim for a social security payment; or 168 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Requirement to provide information, undergo medical examination etc.
Division 6 Section 75 (b) is receiving a social security payment (other than utilities allowance or energy supplement under Part 2.25B of the 1991 Act); or (c) is making, or has made, a claim for a seniors health card, or a health care card that is income-tested for the request recipient; or (d) is the holder of a seniors health card, or a health care card that is income-tested for the request recipient.
Requesting tax file number of request recipient (2) The Secretary may request, but not compel, the request recipient: (a) if the request recipient has a tax file number—to give the Secretary a written statement of the request recipient’s tax file number; or (b) if the request recipient does not have a tax file number: (i) to apply to the Commissioner of Taxation for a tax file number; and (ii) to give the Secretary a written statement of the request recipient’s tax file number after the Commissioner of Taxation has issued it.
Requesting tax file number of request recipient’s partner (3) The Secretary may request, but not compel, the request recipient to give the Secretary a written statement of the tax file number of the request recipient’s partner if: (a) the request recipient is a member of a couple; and (b) the request recipient’s partner is in Australia.
Requesting tax file number of other person whose income is relevant to request recipient’s rate of payment (4) If: (a) the request recipient: Social Security (Administration) Act 1999 169 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 6 Requirement to provide information, undergo medical examination etc.
Section 76 (i) is making, or has made, a claim for a social security payment; or (ii) is receiving a social security payment; and (b) the income of one or more other persons who are in Australia is required to be taken into account for the purpose of working out the rate of the social security payment; the Secretary may request, but not compel, the request recipient to give the Secretary a written statement of the tax file number of any one or more of those other persons.
76 How request for tax file number is satisfied Satisfying request for tax file number (1) If the Secretary requests a person (the request recipient) under section 75 to give the Secretary a written statement of the tax file number of a person (the relevant person), the request recipient satisfies the request by giving the Secretary, within the period mentioned in subsection (2) of this section (if applicable): (a) the written statement of the relevant person’s tax file number; or (b) both of the following: (i) a declaration that meets the requirements of subsection (3) and contains the statement required by subsection (4); (ii) a document in which the relevant person authorises the Commissioner of Taxation to tell the Secretary the matters mentioned in subsection (5).
Note: The relevant person may be the request recipient or another person whose tax file number has been requested under subsection 75(3) or (4).
Period within which request must be satisfied (2) Unless the request recipient was making a claim described in paragraph 75(1)(a) or (c) when the request under section 75 was 170 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Requirement to provide information, undergo medical examination etc.
Division 6 Section 76 made, the material mentioned in paragraph (1)(a) or (b) of this section must be given within 28 days after the making of the request.

Requirements for declarations (3) A declaration mentioned in paragraph (1)(b) must be: (a) for a request under subsection 75(2)—a TFN declaration; or (b) for a request under subsection 75(3) or (4)—in accordance with a form approved by the Secretary.
(4) A declaration mentioned in paragraph (1)(b) must contain: (a) a statement that the relevant person: (i) has a tax file number but does not know what it is; and (ii) has asked the Commissioner of Taxation to inform the relevant person of his or her tax file number; or (b) a statement that an application by the relevant person for a tax file number is pending.
Requirements for authorisation documents (5) For the purposes of subparagraph (1)(b)(ii), the matters are as follows: (a) in a case where the declaration contains a statement mentioned in paragraph (4)(a): (i) whether the relevant person has a tax file number; and (ii) if the relevant person has a tax file number—that number; and (b) in a case where the declaration contains a statement mentioned in paragraph (4)(b): (i) if a tax file number is issued to the relevant person— that number; or (ii) if the application for a tax file number is refused or is withdrawn—that fact.
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Section 77 77 Consequences of not giving tax file number Consequences of not satisfying request for tax file number (1) If the Secretary makes a request of a person under section 75, the consequences set out in the following table apply unless the person satisfies the request in accordance with section 76.

Note: The Secretary may exempt a person from the operation of this subsection (see subsection (4)).
Consequences of not satisfying request for tax file number Item If the request under section 75 was the consequence is … given to … 1 2 3 4 a person who was making a claim for a social security payment the social security payment is not payable a person who was making a claim for a seniors health card, or a health care card that is income-tested for the person a person who had made a claim for, or was receiving, a social security payment the Secretary must not determine the claim at the end of 28 days after the Secretary made the request, the social security payment ceases to be payable to the person a person who had made a claim for, or was the holder of, a seniors health card, or a health care card that is income-tested for the person at the end of 28 days after the Secretary made the request, the Secretary must determine that the card is to be cancelled Consequences of relevant person not having tax file number after giving declaration (2) The consequences set out in subsection (3) apply if: (a) the Secretary makes a request under section 75 of a person (the request recipient); and (b) the request recipient satisfies the request by giving: 172 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Requirement to provide information, undergo medical examination etc.
Division 6 Section 77 (i) a declaration mentioned in subparagraph 76(1)(b)(i) that contains a statement as required by subsection 76(4); and (ii) a document in which the Commissioner of Taxation is authorised to tell the Secretary certain matters mentioned in subsection 76(5); and (c) the Commissioner of Taxation tells the Secretary that the relevant person mentioned in paragraph 76(4)(a) (if applicable) does not have a tax file number or that any of the following apply in relation to the relevant person mentioned in paragraph 76(4)(b) (if applicable): (i) the relevant person has not applied for a tax file number; (ii) an application by the relevant person for a tax file number has been refused; (iii) the relevant person has withdrawn an application for a tax file number.
Note 1: The relevant person may be the request recipient or another person whose tax file number has been requested under subsection 75(3) or (4).

Note 2: The Secretary may exempt a person from the operation of this subsection and subsection (3) (see subsection (4)).
(3) The consequences are that: (a) if the request recipient is receiving a social security payment—the social security payment ceases to be payable to the recipient; and (b) if the request recipient is the holder of a seniors health card, or a health care card that is income-tested for the request recipient—the Secretary must determine that the card is to be cancelled.
Exemptions (4) The Secretary may exempt a person who has been given a request under section 75 from the operation of either or both the following: (a) subsection (1) of this section; Social Security (Administration) Act 1999 173 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 6 Requirement to provide information, undergo medical examination etc.

Section 77 (b) subsections (2) and (3) of this section.
(5) Without limiting subsection (4), if the Secretary requests the request recipient under section 75 to give a written statement of another person’s tax file number, the Secretary may exempt the request recipient under subsection (4) if the Secretary is satisfied that: (a) the request recipient does not know the other person’s tax file number; and (b) the request recipient cannot satisfy the request in accordance with section 76.
174 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Various determinations Division 7 Section 78A Division 7—Various determinations Subdivision A—Provisions relating to social security payments 78A When this Subdivision does not apply This Subdivision does not apply in relation to utilities allowance and energy supplement under Part 2.25B of the 1991 Act.
78 Rate increase determination If the Secretary is satisfied that the rate at which a social security payment is being, or has been, paid is less than the rate provided for by the social security law, the Secretary must: (a) determine that the rate is to be increased to the rate provided for by the social security law; and (b) specify the last-mentioned rate in the determination.
79 Rate reduction determination (1) If the Secretary is satisfied that the rate at which a social security payment is being, or has been, paid is more than the rate provided for by the social security law, the Secretary is to: (a) determine that the rate is to be reduced to the rate provided for by the social security law; and (b) specify the last-mentioned rate in the determination.
(2) Subsection (1) does not authorise the Secretary to make a determination if: (a) the rate at which a social security payment is payable to a person is reduced by the operation of another provision of the social security law; and (b) the determination would take effect at or after the time at which the reduction referred to in paragraph (a) would take effect.
Social Security (Administration) Act 1999 175 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 7 Various determinations Section 80 80 Cancellation or suspension determination (1) If the Secretary is satisfied that a social security payment is being, or has been, paid to a person: (a) who is not, or was not, qualified for the payment; or (b) to whom the payment is not, or was not, payable (other than because of the operation of Division 3AA); the Secretary is to determine that the payment is to be cancelled or suspended.
Note: Division 3AA is about compliance with participation payment obligations for persons who are not declared program participants.
(2) Subsection (1) does not authorise the Secretary to make a determination if: (a) the payment of a social security payment to a person has been cancelled or suspended by the operation of another provision of the social security law; and (b) the determination would take effect at or after the time at which the cancellation or suspension referred to in paragraph (a) would take effect.
(3) However, subsection (1) authorises the Secretary to make a determination that: (a) cancels a social security payment that has been suspended under subsection 81(3); and (b) takes effect at or after the time the suspension took effect.
(3A) Subsection (1) does not authorise the Secretary to make a determination that cancels the payment of a parenting payment, youth allowance, austudy payment, jobseeker payment or special benefit to a declared program participant if: (a) paragraph (1)(a) does not apply to the declared program participant; and (b) paragraph (1)(b) applies only because of the application of a compliance penalty period.
176 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Various determinations Division 7 Section 81 (4) A reference in this section to a social security payment being, or having been, paid includes a reference to: (a) if the social security payment is a youth allowance the youth allowance being payable but for the operation of section 547AA; or (b) if the social security payment is a jobseeker payment the jobseeker payment being payable but for the operation of section 615.
81 Cancellation or suspension for non-compliance with certain notices (1) If: (a) a person who is receiving a social security payment (other than a jobseeker payment) has been given: (i) a notice under section 67 or 68 that requires the person to give the Department a statement; or (ii) a notice embodying a requirement under Division 1 of Part 5; and (b) the person does not comply with the requirement of the notice; the Secretary may determine that the social security payment is to be cancelled or suspended.
(2) If: (a) a person and his or her partner (the partner) are each receiving a social security payment; and (b) the partner has been given: (i) a notice under section 67 or 68 that requires the partner to give the Department a statement; or (ii) a notice embodying a requirement under Division 1 of Part 5; and (c) the notice relates to matters that might also affect the payment of the person’s social security payment; and Social Security (Administration) Act 1999 177 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 7 Various determinations Section 81A (d) the partner does not comply with the requirement of the notice; the Secretary may determine that the person’s payment is to be cancelled or suspended.
(3) If: (a) a person who is receiving a social security payment has been given a notice under section 67 or 68 that requires the person to inform the Department of a proposal by the person to leave Australia; and (b) the person does not comply with the requirement; and (c) the person leaves Australia; and (d) the person’s portability period (see section 1217 of the 1991 Act) for the payment has not ended; the Secretary may determine that the payment is to be cancelled or suspended.
Note: Subsection (3) lets the Secretary make one determination suspending the payment and later make another determination cancelling the payment.

See subsection 33(1) of the Acts Interpretation Act 1901.
81A Rate reduction determination for non-compliance with notice relating to rent assistance (1) Without limiting section 81, if: (a) an amount of rent assistance is being added to a person’s maximum basic rate of social security payment; and (b) the person has been given: (i) a notice under section 67 or 68 that requires the person to give the Department a statement; or (ii) a notice embodying a requirement under Division 1 of Part 5; and (c) any statement, information or document required by the notice relates to: (i) whether the person qualifies for rent assistance; or (ii) the amount of the person’s rent assistance; and 178 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Various determinations Division 7 Section 82 (d) the person does not comply with the requirement of the notice; the Secretary may determine that the person’s rate of social security payment is to be reduced by not adding the amount of rent assistance to the person’s maximum basic rate.
(2) The determination must also specify the new rate of social security payment.
(3) Subsection (1) does not authorise the Secretary to make a determination if: (a) another provision of the social security law provides that the rate at which the social security payment is payable to the person is to be reduced by not adding the amount of rent assistance to the person’s maximum basic rate; and (b) the determination would take effect at or after the time at which the reduction referred to in paragraph (a) would take effect.
82 Cancellation or suspension for failure to take action to obtain foreign payment (1) If: (a) a person who is receiving a social security payment has been given a notice under subsection 66(2); and (b) the Secretary is satisfied that the person has not complied with the requirement of the notice; the Secretary may determine that the social security payment is to be cancelled or suspended.
(2) If: (a) a person who is receiving a social security payment has been given a notice under subsection 66(3); and (b) the Secretary is satisfied that the person’s partner has not complied with the requirement of the notice; Social Security (Administration) Act 1999 179 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 7 Various determinations Section 83 the Secretary may determine that the social security payment is to be cancelled or suspended.
83 Changes to payments by computer (1) If: (a) payment of a social security payment is based upon data in a computer; and (b) the rate of the payment is increased or reduced, or the payment is cancelled or suspended, because of the operation of a computer program used under the control of the Secretary; and (c) the program causes the change for a reason for which the Secretary could make the change by determination; the change is taken to have been made by the Secretary by determination for that reason.
(2) A determination that is taken, by virtue of subsection (1), to have been made is taken to have been made on the day on which the computer program caused the change to be made.
84 Automatic transfer by computer (1) If: (a) payment of a social security payment to a person is based upon data in a computer; and (b) because of the operation of a computer program used under the control of the Secretary, a social security payment of a different kind becomes payable to the person; the Secretary is taken to have made a determination: (c) that the payment referred to in paragraph (b) is to be payable to the person; and (d) that the payment referred to in paragraph (a) is to cease to be payable to the person immediately before the day on which the payment referred to in paragraph (b) is to become payable to the person.
180 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Various determinations Division 7 Section 85 (2) A determination that is taken, by virtue of subsection (1), to have been made is taken to have been made on the day on which the payment referred to in paragraph (1)(b) became payable because of the operation of the computer program.
85 Resumption of payment after cancellation or suspension— general (1) If: (a) a person’s social security payment is: (i) cancelled by force of section 93 or 94 or subsection 95C(2); or (ii) cancelled or suspended under section 80, 81 or 82; or (iia) suspended under subsection 95C(1); or (iii) cancelled under Part 3C (schooling requirements); and Note: For reconsideration of the suspension of a schooling requirement payment, see sections 124J, 124N and 124NG.
(b) the Secretary reconsiders the decision; and (c) as a result of the reconsideration, the Secretary is satisfied that, because of the decision: (i) the person did not receive a social security payment that was payable to the person; or (ii) the person is not receiving a social security payment that is payable to the person; the Secretary is to determine that the social security payment was or is payable to the person, as the case requires.
(2) The reconsideration referred to in paragraph (1)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.
Social Security (Administration) Act 1999 181 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 7 Various determinations Section 85AA 85AA Resumption of payment after cancellation or suspension— provision of proof of life certificate Resumption of payment after suspension (1) If: (a) a person’s social security payment is suspended under section 80; and (b) the suspension is attributable to the person’s failure to give the Secretary a proof of life certificate in compliance with a notice under subsection 63(2AB); and (c) either: (i) a proof of life certificate relating to the person is given to the Secretary; or (ii) the person enters Australia; and (d) if subparagraph (c)(i) applies—the proof of life certificate was completed during the 26-week period ending when the certificate was given to the Secretary; the Secretary must: (e) under section 126, review the suspension of the person’s social security payment; and (f) as a result of the review, determine that the social security payment is payable to the person as if the payment had never been suspended.
Resumption of payment after cancellation (2) If: (a) a person’s social security payment is cancelled under section 80; and (b) the cancellation is attributable to the person’s failure to give the Secretary a proof of life certificate in compliance with a notice under subsection 63(2AB); and (c) a proof of life certificate relating to the person is given to the Secretary; and 182 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Various determinations Division 7 Section 85A (d) the proof of life certificate was completed during the 12-month period ending when the certificate was given to the Secretary; the Secretary may: (e) under section 126, review the cancellation of the person’s social security payment; and (f) as a result of the review, determine that the social security payment is payable to the person as if the payment had never been cancelled.
85A Rate increase determination following rate reduction for non-compliance with notice relating to rent assistance (1) If: (a) the Secretary reduces a person’s rate of social security payment under section 81A by not adding an amount of rent assistance to the person’s maximum basic rate; and (b) the Secretary reconsiders the decision; and (c) as a result of the reconsideration, the Secretary is satisfied that, because of the decision, the rate at which social security payment is being, or has been, paid is less than the rate provided for by the social security law; the Secretary must determine that the rate is to be increased to the rate provided for by the social security law.
(2) The determination must also specify the new rate of social security payment.

(3) The reconsideration referred to in paragraph (1)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.
Social Security (Administration) Act 1999 183 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 7 Various determinations Section 86 Subdivision B—Provisions relating to concession cards 86 Cancellation—person not qualified (1) If the Secretary is satisfied that a person to whom a concession card has been granted is not qualified for the card, the Secretary is to determine that the card is to be cancelled.
Note: In some cases, the Secretary must cancel a seniors health card or an income-tested health care card if the Secretary makes a request under subsection 75(2) or (3) of the holder (about providing tax file numbers): see subsections 77(1) and (3).
(2) Subsection (1) does not authorise the Secretary to make a determination if: (a) the card has been cancelled by the operation of another provision of the social security law; and (b) the determination would take effect at or after the time at which the cancellation referred to in paragraph (a) would take effect.
87 Cancellation—non-compliance with certain notices If: (a) a person who is the holder of a concession card has been given: (i) a notice under section 68 that requires the person to give the Department a statement; or (ii) a notice embodying a requirement under Division 1 of Part 5; and (b) the person does not comply with the requirement of the notice; the Secretary may determine that the person is to cease to be qualified for the card.
88 Changes to qualification by computer If: 184 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Various determinations Division 7 Section 89 (a) a person is qualified for a concession card; and (b) the person ceases to be qualified for the card because of the operation of a computer program used under the control of the Secretary; and (c) the program causes the change for a reason for which the Secretary could make the change by determination under section 87; the change is taken to have been made by the Secretary by a determination under section 87 made for that reason.
89 Resumption of qualification (1) If: (a) the Secretary makes a determination under section 87 that a person is to cease to be qualified for a concession card; and (b) the Secretary reconsiders the decision; and (c) as a result of the reconsideration, the Secretary is satisfied that, because of the decision, the person was deprived of the concession card when he or she was qualified for the card; the Secretary is to determine that the person is qualified for the card.
(2) The reconsideration referred to in paragraph (1)(b) may be a reconsideration on an application under section 129 or a reconsideration without any such application having been made.
Social Security (Administration) Act 1999 185 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 8 Automatic cancellations and variations Section 90A Division 8—Automatic cancellations and variations Subdivision A—Social security payments 90A When this Subdivision does not apply This Subdivision does not apply in relation to utilities allowance and energy supplement under Part 2.25B of the 1991 Act.
90 Automatic cancellation—transfer to new payment type (1) If: (a) a person is receiving a social security pension or benefit (the old payment); and (b) either: (i) a different kind of social security pension or benefit (the new pension or benefit) becomes payable to the person; or (ii) a service pension, income support supplement or a veteran payment becomes payable to the person; the old payment is cancelled, by force of this section, immediately before the day on which the new pension or benefit or the service pension, income support supplement or veteran payment, as the case may be, becomes payable to the person.
(2) In this section: social security benefit does not include parenting payment.
91 Automatic cancellation of parenting payment on transfer to new payment type—member of couple (1) If: (a) a person who is a member of a couple is receiving parenting payment; and 186 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Automatic cancellations and variations Division 8 Section 93 (b) a social security benefit (other than benefit (PP) partnered) becomes payable to the person; parenting payment is cancelled, by force of this section, immediately before the day that is the person’s start day in relation to the benefit referred to in paragraph (b).
(2) If: (a) a person who is a member of a couple is receiving parenting payment; and (b) as a result of a social security pension, a service pension, income support supplement or a veteran payment becoming payable to the person, the rate at which parenting payment is payable to the person becomes nil; parenting payment is cancelled by force of this section immediately before the day on which the social security pension, the service pension, the income support supplement or the veteran payment, as the case may be, becomes payable to the person.
93 Automatic cancellation—recipient complying with subsection 68(2) notice (1) Subject to subsection (2), if: (a) a person who is receiving a social security payment is given a notice under subsection 68(2); and (b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and (c) the event or change of circumstances occurs; and (d) the person informs the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and (e) because of the occurrence of the event or change of circumstances: (i) the person ceases to be qualified for the social security payment; or Social Security (Administration) Act 1999 187 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 8 Automatic cancellations and variations Section 93 (ii) the payment would, but for this section, cease to be payable to the person; and (f) the social security payment is not cancelled before the end of the instalment period for the person that is current when the event or change of circumstances occurs; the following paragraphs have effect: (g) if the social security payment is cancelled during the instalment period (the first period) following the instalment period in which the event or change of circumstances occurs, the payment is payable to the person until the end of the instalment period in which the event or change occurs, and is then cancelled by force of this subsection; (h) if the payment is not cancelled during the first period, the payment is payable to the person until the end of the notification period, and is then cancelled by force of this subsection.
(2) If: (a) a person who is receiving a social security payment is given a notice under subsection 68(2); and (b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and (c) the event or change of circumstances occurs; and (d) the person informs the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and (e) because of the event or change of circumstances, the person’s working credit balance or student income bank balance is reduced to nil in an instalment period (the nil instalment period) of the person that is the same as, or later than, the instalment period in which the event or change of circumstances occurs (the event instalment period); and (f) either because of the reduction of the balance to nil or because of the balance having already been reduced to nil— 188 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Automatic cancellations and variations Division 8 Section 93 the social security payment would, but for this subsection, cease to be payable to the person; and (g) the social security payment is not cancelled before the end of the nil instalment period; the social security payment continues to be payable to the person until a day determined in accordance with subsection (3) and is then cancelled by force of this subsection.
(3) For the purposes of subsection (2), the day until which the social security payment continues to be payable to the person is: (a) if the cancellation is attributable to the reduction of the balance referred to in paragraph (2)(e) to nil and the payment is so cancelled during the instalment period (the next instalment period) following the nil instalment period—the later of: (i) the day before the day on which the balance was reduced to nil; or (ii) the end of the event instalment period; and (b) if the cancellation is attributable to the balance having already been reduced to nil and the payment is so cancelled during the next instalment period—the later of: (i) the day before the first day on which the opening balance was nil; or (ii) the end of the event instalment period; and (c) if the cancellation is attributable to the reduction of the balance to nil but the payment is not so cancelled during the next instalment period—the later of: (i) the day before the day on which the balance was reduced to nil; or (ii) the end of the notification period; and (d) if the cancellation is attributable to the balance having already been reduced to nil but the payment is not so cancelled during the next instalment period—the later of: (i) the day before the first day on which the opening balance was nil; or Social Security (Administration) Act 1999 189 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 8 Automatic cancellations and variations Section 94 (ii) the end of the notification period.
94 Automatic cancellation—recipient not complying with subsection 68(2) notice (1) Subject to subsection (2), if: (a) a person who is receiving a social security payment is given a notice under subsection 68(2); and (b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and (c) the event or change of circumstances occurs; and (d) the person does not inform the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and (e) because of the occurrence of the event or change of circumstances: (i) the person ceases to be qualified for the social security payment; or (ii) the social security payment ceases to be payable to the person; the social security payment is cancelled, by force of this subsection, on the day on which the event or change of circumstances occurs.
(2) If: (a) a person who is receiving a social security payment is given a notice under subsection 68(2); and (b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and (c) the event or change of circumstance occurs; and (d) the person does not inform the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and 190 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Automatic cancellations and variations Division 8 Section 95 (e) because of the event or change of circumstances, the person’s working credit balance or student income bank balance is reduced to nil in an instalment period of the person that is the same as, or later than, the instalment period in which the event or change of circumstances occurs; and (f) either because of the reduction of the balance to nil or because of the balance having already been reduced to nil— the social security payment ceases to be payable to the person; the social security payment is cancelled, by force of this subsection, on: (g) if the cancellation is attributable to the reduction of the balance to nil—the day on which the balance was so reduced; and (h) if the cancellation is attributable to the balance having already been reduced to nil—the first day on which the opening balance was nil.
95 Automatic cancellation—failure to provide statement under subsection 68(2) (1) If: (a) a person who is receiving a social security payment is given a notice under subsection 68(2) requiring the person to give the Department a statement or a number of statements; and (b) the notice relates to the payment of the social security payment in respect of a period or a number of periods specified in the notice; and (c) the person does not comply with the notice so far as it relates to a particular period; then, subject to subsection (2), the social security payment is cancelled, by force of this section, on the first day in that period.
(2) If the Secretary is satisfied that, in the special circumstances of the case, it is appropriate to do so, the Secretary may determine in Social Security (Administration) Act 1999 191 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 8 Automatic cancellations and variations Section 95A writing that subsection (1) does not apply to the person on and from a day specified in the determination.
(3) The day specified under subsection (2) may be before or after the making of the determination.
95A Automatic cancellation of carer payment for non-compliance with section 70 notice If: (a) a care receiver or parent of a care receiver is given a notice under section 70; and (b) the notice requires the care receiver or parent to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and (c) the event or change of circumstances occurs; and (d) the care receiver or parent does not inform the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and (e) because of the occurrence of the event or change of circumstances: (i) the person receiving the carer payment ceases to be qualified for the payment; or (ii) the carer payment ceases to be payable to the person; the carer payment is cancelled, by force of this section, on the day on which the event or change of circumstances occurs.
95B Automatic suspension or cancellation—carer allowance If: (a) a person is receiving a carer allowance because the person is qualified for that allowance under section 954B of the 1991 Act (receiving carer payment); and (b) the person’s carer payment is suspended or cancelled; 192 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Automatic cancellations and variations Division 8 Section 95C the carer allowance is by force of this section, suspended or cancelled, as the case may be, on the same day that the person’s carer payment is suspended or cancelled.
95C Social security payment—suspension instead of cancellation under section 93 or 94 (1) If: (a) a person ceases to be qualified for a social security payment or a social security payment ceases to be payable to a person; and (b) the Secretary is satisfied that the cessation is because the person is employed by a Youth Bonus wage subsidy employer; then the Secretary may determine: (c) that the person’s social security payment is suspended and that the suspension takes effect on the day of the cessation; and (d) that section 93 or 94 is taken not to apply or not to have applied, as the case requires, to the person’s social security payment in relation to the cessation.
Note: For Youth Bonus wage subsidy employer, see subsection (4).
(2) Subject to subsection (3), if: (a) the suspension is in effect at the end of the period of 26 weeks beginning on the day the suspension takes effect; and (b) at the end of that 26-week period, the person is not qualified for the social security payment or the social security payment is not payable to the person; then the person’s social security payment is cancelled, by force of this subsection, on the day after the end of that 26-week period.
(3) If: (a) before the end of the period of 26 weeks beginning on the day the suspension takes effect and while the suspension is in Social Security (Administration) Act 1999 193 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 8 Automatic cancellations and variations Section 96 effect, the person ceases to be employed by a Youth Bonus wage subsidy employer; and (b) the Secretary determines that the cessation is: (i) as a result (whether direct or indirect) of a voluntary act of the person that was not reasonable; or (ii) as a result of the person’s misconduct as an employee; then the person’s social security payment is taken to have been cancelled, by force of this subsection, on the day of the cessation.
Note: If the Secretary does not make a determination as mentioned in paragraph (b), then the social security payment may again become payable to the person (without the need for a further claim) if the requirements in section 85 are satisfied.

(4) In this section: Youth Bonus wage subsidy employer, in relation to a person, means an employer that is eligible to receive a Youth Bonus wage subsidy in respect of the person under the program established by the Commonwealth and known as “Youth Jobs PaTH”.
96 Disability support pension—suspension instead of cancellation under section 93 (1) If: (a) a person ceases to be qualified for disability support pension because the person obtains paid work that is for at least 30 hours per week; and (b) the person has, within the notification period referred to in section 93, informed the Secretary that the person has obtained that work; the Secretary may determine: (c) that section 93 does not apply to the person’s disability support pension; and (d) that the person’s disability support pension is to be suspended.
(2) Subsection (1) does not apply to a person if: 194 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Automatic cancellations and variations Division 8 Section 96 (a) the Secretary gives written notice to the person that the person is no longer qualified for disability support pension; and (b) the Secretary’s notice is given before the person informs the Secretary that the person has obtained work.
(3) If: (a) disability support pension ceases to be payable to a person because the rate of the pension is nil as a result of employment income of the person; and (b) the person has informed the Secretary about the employment income within the notification period referred to in section 93; the Secretary may determine: (c) that section 93 does not apply to the person’s disability support pension; and (d) that the person’s disability support pension is to be suspended.
(3A) If: (a) the Secretary makes a determination under subsection (1) or (3) suspending a person’s disability support pension; and (b) within 2 years from the date of effect of the determination, the Secretary reconsiders the decision to suspend; and (c) as a result of the reconsideration, the Secretary is satisfied that the person is not receiving disability support pension that is payable to the person; the Secretary is to determine that the disability support pension is payable to the person.
(3B) The reconsideration referred to in paragraph (3A)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.
(4) If: Social Security (Administration) Act 1999 195 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 8 Automatic cancellations and variations Section 97 (a) the Secretary suspends a person’s disability support pension under subsection (1) or (3); and (b) the determination suspending the disability support pension continues in effect throughout the period of 2 years from the date of effect of the determination; then, at the end of that period of 2 years, the determination granting the person disability support pension is, by force of this section, revoked.
(5) If: (a) the Secretary suspends a person’s disability support pension under subsection (1) or (3); and (b) the person has a partner who is receiving: (i) age pension; or (ii) disability support pension; or (iii) service pension, income support supplement or veteran payment; then, for the period of the suspension, the partner is taken to be partnered (partner getting neither pension nor benefit).
(6) If: (a) the Secretary suspends a person’s disability support pension under subsection (1) or (3); and (b) the person has a partner who was, immediately before the suspension, receiving carer payment; the Secretary must determine that the partner’s carer payment is not to be cancelled but is to be suspended.
97 Disability support pension—suspension taken to have been under section 96 (1) If: (a) a person ceases to be qualified for disability support pension because the person obtains paid work that is for at least 30 hours per week; and 196 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Automatic cancellations and variations Division 8 Section 97 (b) disability support pension ceases to be payable to the person under section 93; and (c) within the period of 2 years after the pension ceases to be payable, the person ceases to do work of the kind referred to in paragraph (a); the Secretary may determine that the person is to be treated as if: (d) section 93 had not applied to the person’s disability support pension; and (e) the disability support pension had been suspended under section 96.
(2) If: (a) the Secretary makes a determination under subsection (1) in respect of a person; and (b) the person’s partner had ceased to be qualified for carer payment when the person ceased to be qualified for disability support pension because the person obtained paid work; the Secretary may determine that the partner is to be treated as if the partner’s carer payment had not been cancelled but had been suspended under section 96.
(3) If: (a) disability support pension ceased to be payable to a person under section 93 because the rate of the pension was nil as a result of employment income of the person; and (b) within the period of 2 years after the pension ceased to be payable, the employment income of the person is reduced to a rate that would not preclude the person from receiving disability support pension; the Secretary may determine that the person is to be treated as if: (c) section 93 had not applied to the person’s disability support pension; and (d) the disability support pension had been suspended under section 96.
(4) If: Social Security (Administration) Act 1999 197 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 8 Automatic cancellations and variations Section 97A (a) the Secretary makes a determination under subsection (3) in respect of a person; and (b) the person’s partner had ceased to be qualified for carer payment when disability support pension ceased to be payable to the person for the reason mentioned in paragraph (3)(a); the Secretary may determine that the partner is to be treated as if the partner’s carer payment had not been cancelled but had been suspended under section 96.
97A Disability support pension—suspension instead of cancellation under section 94 (person obtains work) (1) If: (a) a person was receiving disability support pension as a result of a claim made before 1 July 2006; and (b) the person ceased to be qualified for disability support pension because he or she obtained paid work that was for at least 30 hours per week; and (c) the person subsequently informs the Secretary that he or she has obtained that work; and (d) the person’s disability support pension was cancelled under section 94 because of that work; and (e) within the period of 2 years and 14 days after the person ceased to be qualified for the disability support pension, the person ceases to do work of the kind referred to in paragraph (b); the Secretary may determine that: (f) the person is to be treated as if section 94 had not applied to the person’s disability support pension; and (g) the person’s disability support pension is suspended from the day on which the person ceased to be qualified for the pension.
However, this subsection ceases to apply to a transitional DSP applicant from the date of effect of the first decision about the 198 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Automatic cancellations and variations Division 8 Section 97A person’s capacity to perform work made on or after 1 July 2006 following a review of the person’s capacity to perform work.
(2) If: (a) subsection (1) does not apply, or has ceased to apply, to a person; and (b) the person ceased to be qualified for disability support pension because he or she obtained paid work that is for at least 30 hours per week; and (c) the person subsequently informs the Secretary that he or she has obtained that work; and (d) the person’s disability support pension was cancelled under section 94 because of that work; and (e) within the period of 2 years and 14 days after the person ceased to be qualified for the disability support pension, the person ceases to do work of the kind referred to in paragraph (b); the Secretary may determine that: (f) the person is to be treated as if section 94 had not applied to the person’s disability support pension; and (g) the person’s disability support pension is suspended from the day on which the person ceased to be qualified for the pension.
(3) Neither subsection (1) nor (2) applies to a person if: (a) the Secretary gives written notice to the person that the person is no longer qualified for disability support pension; and (b) the Secretary’s notice is given before the person informs the Secretary that the person has obtained work.
(4) If: (a) the Secretary makes a determination under subsection (1) or (2) suspending a person’s disability support pension; and Social Security (Administration) Act 1999 199 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 8 Automatic cancellations and variations Section 97A (b) the determination continues in force throughout the period (or the balance of the period) of 2 years and 14 days after its date of effect; then, at the end of that period (or the balance of that period), the determination granting the person disability support pension is, by force of this subsection, revoked.
(5) If: (a) the Secretary makes a determination under subsection (1) or (2) suspending a person’s disability support pension; and (b) the person’s partner had ceased to be qualified for carer payment when the person ceased to be qualified for disability support pension for the reason mentioned in paragraph (1)(b) or (2)(b); the Secretary may determine that the partner is to be treated as if the partner’s carer payment had not been cancelled but had been suspended for the period of the suspension of the person’s disability support pension.
(6) If: (a) the Secretary makes a determination under subsection (1) or (2) suspending a person’s disability support pension; and (b) within 2 years and 14 days from the date of effect of the determination, the Secretary reconsiders the decision to suspend; and (c) as a result of the reconsideration, the Secretary is satisfied that the person is not receiving disability support pension that is payable to the person; the Secretary is to determine that the disability support pension is payable to the person.
(7) The reconsideration referred to in paragraph (6)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.
200 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Automatic cancellations and variations Division 8 Section 97B 97B Disability support pension—suspension instead of cancellation under section 94 (person’s income) (1) If: (a) disability support pension ceased to be payable to a person because the rate of the pension was nil as a result of employment income of the person; and (b) the person subsequently informs the Secretary of that employment income; and (c) the person’s disability support pension was cancelled under section 94 because the pension ceased to be payable to the person for the reason mentioned in paragraph (a); and (d) within the period of 2 years and 14 days after the pension ceased to be payable, the employment income of the person is reduced to a rate that would not preclude the person from receiving disability support pension; the Secretary may determine that: (e) the person is to be treated as if section 94 had not applied to the person’s disability support pension; and (f) the person’s disability support pension is suspended from the day on which the pension ceased to be payable to the person.
(2) Subsection (1) does not apply to a person if: (a) the Secretary gives written notice to the person that the person is no longer qualified for disability support pension; and (b) the Secretary’s notice is given before the person informs the Secretary of the person’s income or increased income.
(3) If: (a) the Secretary makes a determination under subsection (1) suspending a person’s disability support pension; and (b) the determination continues in force throughout the period (or the balance of the period) of 2 years and 14 days after its date of effect; Social Security (Administration) Act 1999 201 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 8 Automatic cancellations and variations Section 98 then, at the end of that period (or the balance of that period), the determination granting the person disability support pension is, by force of this subsection, revoked.
(4) If: (a) the Secretary makes a determination under subsection (1) suspending a person’s disability support pension; and (b) the person’s partner had ceased to be qualified for carer payment when disability support pension ceased to be payable to the person for the reason mentioned in paragraph (1)(a); the Secretary may determine that the partner is to be treated as if the partner’s carer payment had not been cancelled but had been suspended for the period of the suspension of the person’s disability support pension.
(5) If: (a) the Secretary makes a determination under subsection (1) suspending a person’s disability support pension; and (b) within 2 years and 14 days from the date of effect of the determination, the Secretary reconsiders the decision to suspend; and (c) as a result of the reconsideration, the Secretary is satisfied that the person is not receiving disability support pension that is payable to the person; the Secretary is to determine that the disability support pension is payable to the person.
(6) The reconsideration referred to in paragraph (5)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.
98 Automatic rate reduction—partner starting to receive pension or benefit (1) Subject to subsection (2), if: (a) a person is receiving a social security payment; and 202 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Automatic cancellations and variations Division 8 Section 99 (b) the person’s partner starts to receive: (i) a social security pension or benefit; or (ii) a service pension, income support supplement or a veteran payment; and (c) the person’s social security payment rate is reduced because of the partner’s receipt of the pension, benefit, supplement or payment; the social security payment becomes payable to the person at the reduced rate on the day on which the partner starts to receive the pension, benefit, supplement or payment.
(2) If: (a) a person is receiving a social security payment; and (b) the person’s partner starts to receive: (i) a social security pension or benefit; or (ii) a service pension or a veteran payment; and (c) because the partner starts to receive that pension, benefit or payment, the person’s working credit balance or student income bank balance is reduced to nil; and (d) either because of the reduction of the balance to nil or because of the balance having already been reduced to nil— the person’s social security payment rate is to be reduced; the social security payment becomes payable to the person at the reduced rate on: (e) if the rate reduction is attributable to the reduction of the balance to nil—the day on which the balance was so reduced; and (f) if the rate reduction is attributable to the balance having already been reduced to nil—the first day on which the opening balance was nil.
99 Automatic rate reduction—recipient complying with subsection 68(2) notice (1) Subject to subsection (2), if: Social Security (Administration) Act 1999 203 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 8 Automatic cancellations and variations Section 99 (a) a person who is receiving a social security payment is given a notice under subsection 68(2); and (b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and (c) the event or change of circumstances occurs; and (d) the person informs the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and (e) because of the occurrence of the event or change of circumstances, the rate of the social security payment is to be reduced; and (f) the person’s rate of payment is not reduced before the end of the instalment period for the person that is current when the event or change of circumstances occurs; the following paragraphs have effect: (g) if the person’s rate of payment is reduced during the instalment period (the first period) following the instalment period in which the event or change of circumstances occurs, the payment becomes payable to the person at the reduced rate immediately after the end of the instalment period in which the event or change occurs; (h) if the person’s rate of payment is not reduced during the first period, the payment becomes payable to the person at the reduced rate immediately after the end of the notification period.
(2) If: (a) a person who is receiving a social security payment is given a notice under subsection 68(2); and (b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and (c) the event or change of circumstances occurs; and 204 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Automatic cancellations and variations Division 8 Section 99 (d) the person informs the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and (e) because of the event or change of circumstances, the person’s working credit balance or student income bank balance is reduced to nil in an instalment period (the nil instalment period) of the person that is the same as, or later than, the instalment period in which the event or change of circumstances occurs (the event instalment period); and (f) either because of the reduction of the balance to nil or because of the balance having already been reduced to nil— the rate of the person’s social security payment is to be reduced; and (g) the person’s rate of payment is not reduced before the end of the nil instalment period; the social security payment becomes payable to the person at the reduced rate from the day immediately after the day determined in accordance with subsection (3).
(3) For the purposes of subsection (2), the day immediately after which the social security payment becomes payable to the person at the reduced rate is: (a) if the rate reduction is attributable to the reduction of the balance referred to in paragraph (2)(e) to nil and the rate is so reduced during the instalment period (the next instalment period) following the nil instalment period—the later of: (i) the day before the day on which the balance was reduced to nil; or (ii) the end of the event instalment period; and (b) if the rate reduction is attributable to the balance having already been reduced to nil and the rate is so reduced during the next instalment period—the later of: (i) the day before the first day on which the opening balance was nil; or (ii) the end of the event instalment period; and Social Security (Administration) Act 1999 205 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 8 Automatic cancellations and variations Section 100 (c) if the rate reduction is attributable to the reduction of the balance to nil but the rate is not so reduced during the next instalment period—the later of: (i) the day before the day on which the balance was reduced to nil; or (ii) the end of the notification period; and (d) if the rate reduction is attributable to the balance having already been reduced to nil but the rate is not so reduced during the next instalment period—the later of: (i) the day before the first day on which the opening balance is nil; or (ii) the end of the notification period.
100 Automatic rate reduction—recipient not complying with subsection 68(2) notice (1) Subject to subsection (2), if: (a) a person who is receiving a social security payment is given a notice under subsection 68(2); and (b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and (c) the event or change of circumstances occurs; and (d) the person does not inform the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and (e) because of the occurrence of the event or change of circumstances, the rate of the social security payment is to be reduced; the social security payment becomes payable to the person at the reduced rate on the day on which the event or change of circumstances occurs.
206 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Automatic cancellations and variations Division 8 Section 101 (2) If: (a) a person who is receiving a social security payment is given a notice under subsection 68(2); and (b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and (c) the event or change of circumstances occurs; and (d) the person does not inform the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and (e) because of the event or change of circumstances, the person’s working credit balance or student income bank balance is reduced to nil in an instalment period of the person that is the same as, or later than, the instalment period in which the event or change of circumstances occurs; and (f) either because of the reduction of the balance to nil or because of the balance having already been reduced to nil— the rate of the person’s social security payment is to be reduced; the social security payment becomes payable to the person at the reduced rate on: (g) if the rate reduction is attributable to the reduction of the balance to nil—the day on which the balance was so reduced; and (h) if the rate reduction is attributable to the balance having already been reduced to nil—the first day on which the opening balance was nil.
101 Automatic rate reduction—receipt of pension or veteran payment by person receiving parenting payment If: (a) a person who is a member of a couple is receiving parenting payment; and Social Security (Administration) Act 1999 207 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 8 Automatic cancellations and variations Section 103 (b) as a result of a social security pension, a service pension, income support supplement or a veteran payment becoming payable to the person, the rate at which parenting payment is payable to the person is reduced; parenting payment becomes payable to the person at the reduced rate on the day on which the social security pension, the service pension, the income support supplement or the veteran payment, as the case may be, becomes payable to the person.
103 Changes to payments by computer following automatic cancellation or reduction (1) If: (a) a person is receiving a social security payment on the basis of data in a computer; and (b) the payment is cancelled, or the payment rate is reduced, by the operation of a provision of the social security law; and (c) the cancellation or reduction is given effect by the operation of a computer program used under the control of the Secretary stopping payment or reducing the rate of payment; the Secretary is taken to have made a determination that the provision referred to in paragraph (b) applies to the person’s social security payment.
(2) A determination that is taken, by virtue of subsection (1), to have been made is taken to have been made on the day on which the cancellation or reduction took effect.
Subdivision B—Concession cards 104 Automatic cancellation—holder complying with subsection 68(4) notice If: (a) a person who is the holder of a concession card is given a notice under subsection 68(4); and 208 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Automatic cancellations and variations Division 8 Section 105 (b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and (c) the event or change of circumstances occurs; and (d) the person informs the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and (e) because of the occurrence of the event or change of circumstances, the person would, but for this section, cease to be qualified for the card; and (f) the person does not cease to hold the card before the end of the notification period; the person continues to be qualified for the card until the end of the notification period, and then ceases to be so qualified.
105 Automatic cancellation—holder not complying with subsection 68(4) notice If: (a) a person who is the holder of a concession card is given a notice under subsection 68(4); and (b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and (c) the event or change of circumstances occurs; and (d) the person does not inform the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and (e) because of the occurrence of the event or change of circumstances, the person ceases to be qualified for the card; the person ceases to be qualified for the card on the day on which the event or change of circumstances occurs.
Social Security (Administration) Act 1999 209 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 8 Automatic cancellations and variations Section 106 106 Changes by computer following automatic cancellation (1) If: (a) a person is qualified for a concession card on the basis of data in a computer; and (b) the person ceases, by virtue of section 104 or 105, to be qualified for the card; and (c) the cessation is given effect by the operation of a computer program under the control of the Secretary causing the person to be notified of the cessation; the Secretary is taken to have made a determination that the provision referred to in paragraph (b) applies to the person’s concession card.
(2) A determination that is taken, by virtue of subsection (1), to have been made is taken to have been made on the day on which the cessation took effect.

106A Automatic cancellation on cessation of qualification If a person who is the holder of a concession card ceases, otherwise than by virtue of section 104 or 105, to be qualified for the card, the card is cancelled by force of this section on the day on which the person ceases to be so qualified.
Subdivision C—Additional provision for certain pensioner concession cards and automatic issue health care cards 106B Automatic cancellation (1) Subject to subsection (3), if: (a) a section 1061ZA pensioner concession card or a listed automatic issue health care card has been granted to a person; and 210 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Automatic cancellations and variations Division 8 Section 106B (b) in order to be qualified for the card, the person must be receiving, or be qualified for, a particular social security pension or benefit; and (c) the pension or benefit is cancelled; the section 1061ZA pensioner concession card or listed automatic issue health care card, as the case may be, is, by force of this section, cancelled.
(2) If: (a) a health care card has been granted to a person; and (b) the person was qualified for the card under subsection 1061ZK(4) of the 1991 Act; and (c) the person ceases to be qualified under that subsection; the health care card is, by force of this section, cancelled.
(3) Subsection (1) does not have effect in a case in which the Secretary determines in writing that he or she is satisfied that the person concerned is likely to be granted a social security pension or benefit before it is reasonably practicable to take steps to give effect to the cancellation of the card.
(4) In this section: listed automatic issue health care card means an automatic issue health care card that is granted: (a) to a person who receives one of the following social security payments: (i) widow allowance; (ii) jobseeker payment; (iv) special benefit; (v) partner allowance; (vi) benefit PP (partnered); or (b) to a person who is receiving a youth allowance and who, at the time when a determination was made to grant the person the youth allowance: (i) was not undertaking full-time study; and Social Security (Administration) Act 1999 211 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 8 Automatic cancellations and variations Section 106B (ii) was not a new apprentice.
section 1061ZA pensioner concession card means a pensioner concession card granted to a person who is qualified for the card under section 1061ZA of the 1991 Act (except under subsection (1B) of that section).
212 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Date of effect of determinations Division 9 Section 107 Division 9—Date of effect of determinations Subdivision A—Determinations relating to claims 107 General rule (1) Subject to subsections (2), (3), (4) and (5), a determination under section 37 takes effect on the day on which the determination is made or on such earlier or later day as is specified in the determination.
(2) If: (a) a decision (the original decision) is made rejecting a person’s claim for a social security payment or a concession card; and (b) the person is given a notice informing him or her of the original decision; and (c) within 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and (d) a decision that the claim be granted is made as a result of the application for review; the determination embodying the last-mentioned decision takes effect on the day on which the determination embodying the original decision took effect.
(3) If: (a) a decision (the original decision) is made rejecting a person’s claim for a social security payment or concession card; and (b) the person is given a notice informing him or her of the original decision; and (c) more than 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and Social Security (Administration) Act 1999 213 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 9 Date of effect of determinations Section 107 (d) a decision that the claim be granted is made as a result of the application for review; the determination embodying the last-mentioned decision takes effect on the day on which the application for review was made.
(4) If: (a) a decision (the original decision) is made rejecting a person’s claim for a social security payment or concession card; and (b) no notice is given to the person informing the person of the original decision; and (c) the person applies to the Secretary, under section 129, for review of the original decision; and (d) a decision that the claim be granted is made as a result of the application for review; the determination embodying the last-mentioned decision takes effect on the day on which the determination embodying the original decision took effect.
(5) If: (a) a decision (the original decision) is made rejecting a person’s claim for a social security payment or concession card; and (b) the person is given a notice informing him or her of the original decision; and (c) the Secretary reviews the decision under section 126 without any application under section 129 for review of the decision having been made; and (d) a decision that the claim be granted is made as a result of the review; the determination embodying the last-mentioned decision takes effect on the day on which the determination embodying the original decision took effect.
214 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Date of effect of determinations Division 9 Section 108 Subdivision B—Determinations under section 78, 81A, 85, 85AA or 85A 108 Definition In this Subdivision: favourable determination means a determination under section 78, 85, 85AA or 85A.
109 Date of effect of favourable determination resulting from review (1) If: (a) a decision (the original decision) is made in relation to a person’s social security payment; and (b) a notice is given to the person informing the person of the original decision; and (c) within 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and (d) the favourable determination is made as a result of the application for review; the favourable determination takes effect on the day on which the determination embodying the original decision took effect.
(2) If: (a) a decision (the original decision) is made in relation to a person’s social security payment; and (b) a notice is given to the person informing the person of the original decision; and (c) more than 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and (d) the favourable determination is made as a result of the application for review; Social Security (Administration) Act 1999 215 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 9 Date of effect of determinations Section 109 the favourable determination takes effect on the day on which the application for review was made.
(3) If: (a) a decision (the original decision) is made in relation to a person’s social security payment; and (b) the person is not given notice of the original decision; and (c) the person applies to the Secretary, under section 129, for review of the original decision; and (d) the favourable determination is made as a result of the application for review; the favourable determination takes effect on the day on which the determination embodying the original decision took effect.
(4) If: (a) a decision (the original decision) is made in relation to a person’s social security payment; and (b) the person is given a notice informing him or her of the original decision; and (c) the Secretary reviews the decision under section 126 without any application under section 129 for review of the decision having been made; and (d) as a result of the review, the favourable determination is made within 13 weeks after notice of the original decision was given to the person; the favourable determination takes effect on the day on which the determination embodying the original decision took effect.
(5) If: (a) a decision (the original decision) is made in relation to a person’s social security payment; and (b) the person is given a notice informing him or her of the original decision; and (c) the Secretary reviews the decision under section 126 without any application under section 129 for review of the decision having been made; and 216 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Date of effect of determinations Division 9 Section 109A (d) as a result of the review, the favourable determination is made more than 13 weeks after notice of the original decision was given to the person; the favourable determination takes effect on the day on which the review was begun by the Secretary.
(6) This section does not apply to determinations to which section 109A or 110A apply.
(7) For the purposes of this section, if: (a) the Secretary makes a decision constituted by a determination made under section 78 to increase the rate at which a social security payment is being, or has been, paid; and (b) the determination is made because an amount has been indexed or adjusted by the operation of Part 3.16 of the 1991 Act; then: (c) each person whose rate of social security payment is, or was, affected by the determination is taken to have been given notice of the determination and of the increased rate; and (d) the notice is taken to have been given on the day on which the amount was so indexed or adjusted.
109A Date of effect of determination under section 78 resulting from review required by section 126A If the Secretary makes a determination under section 78 (rate increase determination) as a result of a review required by section 126A (review of determination of youth allowance rate in relation to maintenance income), the determination takes effect: (a) unless paragraph (b) applies—on the date that would give full effect to the decision on review; or (b) if the date referred to in paragraph (a) is earlier than the first day of the income year before the income year in which the review decision was made—that first day.
Social Security (Administration) Act 1999 217 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 9 Date of effect of determinations Section 110 110 Date of effect of favourable determination (1) Subject to subsections (1A) to (11A) (inclusive), if a favourable determination is made following a person having informed the Department of the occurrence of an event or change of circumstances, the determination takes effect: (a) on the day on which the person so informed the Department; or (b) on the day on which the event or change occurred; whichever is the later.
(1A) If a favourable determination is made in relation to a person who has not reached pension age: (a) following the person’s having informed the Department of the occurrence of an event or change of circumstances; and (b) because, in an instalment period of the person: (i) there is a decrease in the amount of the person’s employment income taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have been received by the person; or (ii) the person has ceased to be taken, in accordance with that Division, to have received employment income; the determination takes effect on the first day of the instalment period, or on the first day of the instalment period in which the person so informs the Department, whichever is the later.
(2) Subject to subsection (2A), if a favourable determination is made following a person having given the Department a statement about a matter in accordance with a notice under section 67 or 68, the determination takes effect on the day on which the matter arose.
(2A) If a favourable determination is made in relation to a person who has not reached pension age: (a) following the person’s having given the Department a statement about a matter in accordance with a notice under section 68 that relates to the payment of the social security 218 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Date of effect of determinations Division 9 Section 110 payment in respect of an instalment period specified in the notice; and (b) because, in the instalment period: (i) there is a decrease in the amount of the person’s employment income taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have been received by the person; or (ii) the person has ceased to be taken, in accordance with that Division, to have received employment income; the determination takes effect on the first day of the instalment period.
(3) Subject to subsection (3A), if: (a) a person and his or her partner (the partner) are each receiving a social security payment; and (b) the partner has been given a notice under section 68 that requires the partner to give the Department a statement; and (c) the notice relates to the payment of the partner’s social security payment in respect of a period specified in the notice; and (d) the partner gives the Department a statement, in accordance with the notice, about a matter that arose during the specified period; and (e) following the giving of the statement, a favourable determination is made in relation to the person’s social security payment; the determination takes effect on the day on which the matter arose.
(3A) If: (a) a person and his or her partner (the partner) are each receiving a social security payment; and (b) the partner has not reached pension age; and (c) the partner has been given a notice under section 68 that requires the partner to give the Department a statement; and Social Security (Administration) Act 1999 219 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 9 Date of effect of determinations Section 110 (d) the notice relates to the payment of the partner’s social security payment in respect of an instalment period specified in the notice; and (e) the partner gives the Department a statement, in accordance with the notice, about a matter that arose during the instalment period; and (f) following the giving of the statement, a favourable determination is made in relation to the person’s social security payment; and (g) the determination is made because, in the instalment period: (i) there is a decrease in the amount of the partner’s employment income taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have been received by the partner; or (ii) the partner has ceased to be taken, in accordance with that Division, to have received employment income; the determination takes effect on the first day of the instalment period.
(4) If: (a) a favourable determination is made following the death of a person’s partner (the partner); and (b) the favourable determination is made because the person elects not to receive bereavement payments; and (c) within the bereavement period: (i) the person notifies the Department, orally or in writing or in a manner approved by the Secretary, of the partner’s death; or (ii) the Secretary otherwise becomes aware of the death; the determination takes effect on the day on which the partner died.
(5) If: (a) a favourable determination is made following the death of a person’s partner (the partner); and (b) immediately before the partner died, the partner: 220 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Date of effect of determinations Division 9 Section 110 (i) was not receiving a social security pension, a service pension, income support supplement or a veteran payment; and (ii) was not a long-term social security recipient; and (c) within the period of 4 weeks starting on the day after the day on which the partner dies: (i) the person notifies the Department, orally or in writing or in a manner approved by the Secretary, of the partner’s death; or (ii) the Secretary otherwise becomes aware of the death; the determination takes effect on the day on which the partner died.
(9) If: (a) the favourable determination is made as a result of the Secretary forming the opinion, for the purposes of subsection 5(12) of the 1991 Act, that a young person will not, or would not, if an application were duly made, receive payments under a prescribed educational scheme; and (b) the Secretary is notified that the young person has been refused payment under a prescribed educational scheme within 28 days after the person is notified of that refusal; the determination takes effect on the day on which the determination is made or on such earlier or later day as is specified in the determination.
(10) If: (a) the favourable determination is made because, for the purposes of subsection 5(11) of the 1991 Act, a young person is not qualified to receive a payment under a prescribed educational scheme; and (b) the young person, or another person or organisation, was previously in receipt of a payment under a prescribed educational scheme in respect of the young person but the payment has since ceased; and (c) the Secretary was notified, within 28 days after the payment was granted, that it was no longer being received; Social Security (Administration) Act 1999 221 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 9 Date of effect of determinations Section 110A the determination takes effect on the day on which the determination is made or on such earlier or later day as is specified in the determination.
(11) If: (a) the favourable determination is made because, for the purposes of subsection 5(11) of the 1991 Act, a young person is not qualified to receive payments under any prescribed educational scheme; and (b) no application has been made for payments in respect of that young person under any prescribed educational scheme; and (c) the Secretary is satisfied that it is reasonable that no such application has been made; and (d) the young person ceased, within 13 weeks after becoming a prescribed student child, to be a prescribed student child because the Secretary formed an opinion for the purposes of paragraph 5(12)(c) of the 1991 Act; the determination takes effect on the day on which the young person became a prescribed student child.
(11A) If the Secretary makes a determination under section 78 (rate increase determination) as a result of a revised estimate of maintenance income for a parent of a person as referred to in section 123AA, the determination takes effect on the day the revised estimate was made by, or given to, the Secretary.

(12) This section does not apply to determinations to which section 110A applies.
110A Date of effect of favourable determinations resuming payment after suspensions relating to non-compliance If: (a) a favourable determination is made under section 85 resuming payment of a parenting payment, youth allowance, austudy payment, jobseeker payment or special benefit the payment of which had been suspended under section 80; and 222 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Date of effect of determinations Division 9 Section 111 (b) the payment had been suspended because it was not payable because of: (i) subsection 42P(1) or 42S(1) (if the payment was a participation payment and the person receiving the payment was a declared program participant); or (ii) section 550B or 551 of the 1991 Act (if the payment was a youth allowance); or (iii) section 576A or 577 of the 1991 Act (if the payment was an austudy payment); the determination takes effect, or is taken to have taken effect, on the day after the end of the period for which the payment, allowance or benefit is not payable because of section 550B, 551, 576A or 577 of the 1991 Act, or on the day after the serious failure period or unemployment non-payment period ends under subsection 42P(1) or 42S(3) or (4) or section 42Q of this Act, as the case requires.
111 Date of effect of section 78 determination resulting from indexation or adjustment If: (a) the Secretary makes a determination under section 78; and (b) the determination is made because an amount has been indexed or adjusted by the operation of Part 3.16 of the 1991 Act; the determination takes effect on the day on which the amount was so indexed or adjusted.
Social Security (Administration) Act 1999 223 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 9 Date of effect of determinations Section 114 114 Date of effect of other favourable determinations (1) In the case of a favourable determination to which none of sections 109, 109A, 110 and 110A apply, the determination takes effect on the day on which the determination is made or on such other day as is specified in the determination.
(2) A day specified in a determination for the purpose of subsection (1) may be: (a) later than the day on which the determination is made; or (b) not earlier than 13 weeks before the day on which the determination is made.

Subdivision C—Determinations under section 89 115 Definition In this Subdivision: favourable determination means a determination under section 89.
116 Date of effect of favourable determination resulting from review—concession cards (1) If: (a) a decision (the original decision) is made in relation to a person’s qualification for a concession card; and (b) the person is given a notice informing him or her of the original decision; and (c) within 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and (d) the favourable determination is made as a result of the application for review; the favourable determination takes effect on the day on which the determination embodying the original decision took effect.
224 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Date of effect of determinations Division 9 Section 116 (2) If: (a) a decision (the original decision) is made in relation to a person’s qualification for a concession card; and (b) the person is given a notice informing him or her of the original decision; and (c) more than 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and (d) the favourable determination is made as a result of the application for review; the favourable determination takes effect on the day on which the application for review was made.
(3) If: (a) a decision (the original decision) is made in relation to a person’s qualification for a concession card; and (b) the person is not given any notice informing him or her of the original decision; and (c) the person applies to the Secretary, under section 129, for review of the original decision; and (d) the favourable determination is made as a result of the application for review; the favourable determination takes effect on the day on which the determination embodying the original decision took effect.
(4) If: (a) a decision (the original decision) is made in relation to a person’s qualification for a concession card; and (b) the person is given a notice informing him or her of the original decision; and (c) the Secretary reviews the decision under section 126 without any application under section 129 for review of the decision having been made; Social Security (Administration) Act 1999 225 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 9 Date of effect of determinations Section 117 (d) as a result of the review, the favourable decision is made more than 13 weeks after the notice of the original decision was given to the person; the favourable determination takes effect on the day on which the determination embodying the original decision took effect.
Subdivision D—Date of effect of adverse determinations relating to social security payments 117 Definition In this Subdivision: adverse determination means a determination under section 79, 80, 81, 81A or 82.
118 Date of effect of adverse determinations—general rules (1) The day on which an adverse determination takes effect in relation to a social security payment is worked out: (b) in the case of carer payment—in accordance with this section and section 120; and (c) in the case of any other social security payment—in accordance with this section.
(2) Subject to subsections (2A), (2B), (2C), (2D) and (2E), if: (a) an adverse determination is made following a person having informed the Department of the occurrence of an event or change of circumstances; and (b) the person is not paid an instalment of the social security payment after the occurrence of the event or change and before the determination is made; the determination takes effect on the day on which the event or change of circumstances occurred.
(2A) If an adverse determination is made in relation to a person who has not reached pension age: 226 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Date of effect of determinations Division 9 Section 118 (a) following the person’s having informed the Department of the occurrence of an event or change of circumstances; and (b) because the person is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income in an instalment period of the person; the determination takes effect on: (c) if the determination is attributable to the reduction, during the instalment period, of the person’s working credit balance or student income bank balance to nil—the day on which the balance was so reduced; and (d) if the determination is attributable to the person’s having a working credit balance or a student income bank balance that has already been reduced to nil during the instalment period—the first day in the instalment period on which the person’s opening balance was nil; and (e) in any other case—the first day of the instalment period; so long as the person is not paid an instalment of the social security payment after the day worked out under paragraph (c), (d) or (e) and before the determination is made.
(2B) If: (a) an adverse determination is made in relation to a person following the person’s having informed the Department of the occurrence of an event or change of circumstances; and (b) the determination is made because, in an instalment period of the person, either: (i) the person earns, derives or receives, or is taken to earn, derive or receive, ordinary income other than employment income; or (ii) the person has reached pension age and is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income; and (c) the person’s student income bank balance is reduced to nil during the instalment period; the determination takes effect on: Social Security (Administration) Act 1999 227 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 9 Date of effect of determinations Section 118 (d) if the determination is attributable to the reduction of the student income bank balance to nil—the day on which the balance was so reduced; and (e) if the determination is attributable to the person’s having a student income bank balance that has already been reduced to nil during the instalment period—the first day in the instalment period on which the person’s opening balance was nil; so long as the person is not paid an instalment of the social security payment after the day worked out under paragraph (d) or (e) and before the determination is made.
(2C) If an adverse determination is made to give effect to section 38H of the 1991 Act, the adverse determination takes effect on the day specified in the determination (which may be earlier than the day on which the determination is made).
(2D) If the Secretary makes a determination under section 79 (rate reduction determination) as a result of a revised estimate of the amount of maintenance income for a parent of a person as referred to in section 123AA, the determination takes effect on the day the revised estimate was made by, or given to, the Secretary.
(2E) If the Secretary makes a determination under section 79 (rate reduction determination) as a result of a review required by section 126A (review of determination of youth allowance rate in relation to maintenance income), the determination takes effect on the date that would give full effect to the decision on review.
(3) If: (a) an adverse determination is made in relation to a person because of point 1064-E3, 1066A-F2A, 1067G-H25, 1067L-D24, 1068-G8A, 1068A-E13 or 1068B-D21, or Division 3 of Part 3.14, of the 1991 Act; and (b) a social security payment has been paid to the person or the person’s partner when, because of the payment of arrears of periodic compensation payments, the payment should have been cancelled or suspended; 228 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Date of effect of determinations Division 9 Section 118 the determination takes effect on the first day of the periodic payments period to which the arrears of periodic compensation payments relate.
(4) If: (a) an adverse determination is made in relation to a person because of point 1064-E3, 1066A-F2A, 1067G-H25, 1067L-D24, 1068-G8A, 1068A-E13 or 1068B-D21, or Division 3 of Part 3.14, of the 1991 Act; and (b) the rate at which a social security payment was paid to the person or the person’s partner was, because of the payment of arrears of periodic compensation payments, higher than the rate at which the payment should have been paid; the determination takes effect on the first day of the periodic payments period to which the arrears of periodic compensation payments relate.
(5) Subject to subsections (5A) and (5B), if the adverse determination is made following a person having given the Department a statement about a matter in accordance with a notice under section 67 or 68, the determination takes effect on the day on which the matter arose.
(5A) If an adverse determination is made in relation to a person who has not reached pension age: (a) following the person’s having given the Department a statement about a matter in accordance with a notice under section 68 that relates to the payment of the social security payment in respect of an instalment period specified in the notice; and (b) because the person is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income in the instalment period; the determination takes effect on: (c) if the determination is attributable to the reduction, during the instalment period, of the person’s working credit balance or Social Security (Administration) Act 1999 229 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 9 Date of effect of determinations Section 118 student income bank balance to nil—the day on which the balance was so reduced; and (d) if the determination is attributable to the person’s having a working credit balance or a student income bank balance that has already been reduced to nil during the instalment period—the first day in the instalment period on which the person’s opening balance was nil; and (e) in any other case—the first day of the instalment period.
(5B) If: (a) an adverse determination is made in relation to a person following the person’s having given the Department a statement about a matter in accordance with a notice under section 68 that relates to the payment of the social security payment in respect of an instalment period specified in the notice; and (b) the determination is made because, in the instalment period, either: (i) the person earns, derives or receives, or is taken to earn, derive or receive, ordinary income other than employment income; or (ii) the person has reached pension age and is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income; and (c) the person’s student income bank balance is reduced to nil during the instalment period; the determination takes effect on: (d) if the determination is attributable to the reduction of the student income bank balance to nil—the day on which the balance was so reduced; and (e) if the determination is attributable to the person’s having a student income bank balance that has already been reduced to nil during the instalment period—the first day in the instalment period on which the person’s opening balance was nil.
230 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Date of effect of determinations Division 9 Section 118 (6) Subject to subsections (6A) and (6B), if: (a) a person and his or her partner (the partner) are each receiving a social security payment; and (b) the partner is given a notice under section 68 requiring the partner to give the Department a statement; and (c) the notice relates to the payment of the partner’s social security payment in respect of a period specified in the notice; and (d) the partner gives the Department a statement, in accordance with the notice, about a matter that arose during the specified period; and (e) following the giving of the statement, an adverse determination is made in relation to the person’s social security payment; the determination takes effect on the day on which the matter arose.
(6A) If: (a) a person and his or her partner (the partner) are each receiving a social security payment; and (b) the partner has not reached pension age; and (c) the partner is given a notice under section 68 requiring the partner to give the Department a statement; and (d) the notice relates to the payment of the partner’s social security payment in respect of an instalment period specified in the notice; and (e) the partner gives the Department a statement, in accordance with the notice, about a matter that arose during the instalment period; and (f) following the giving of the statement, an adverse determination is made in relation to the person’s social security payment; and (g) the determination is made because the partner is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, Social Security (Administration) Act 1999 231 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 9 Date of effect of determinations Section 118 to have received employment income in the instalment period; the determination takes effect on: (h) if the adverse determination is attributable to the reduction, during the instalment period, of the partner’s working credit balance or student income bank balance to nil—the day on which the balance was so reduced; and (i) if the determination is attributable to the partner’s having a working credit balance or a student income bank balance that has already been reduced to nil during the instalment period—the first day of the instalment period on which the opening balance was nil; and (j) in any other case—the first day of the instalment period.
(6B) If: (a) a person and his or her partner (the partner) are each receiving a social security payment; and (b) the partner is given a notice under section 68 requiring the partner to give the Department a statement; and (c) the notice relates to the payment of the partner’s social security payment in respect of an instalment period specified in the notice; and (d) the partner gives the Department a statement, in accordance with the notice, about a matter that arose during the instalment period; and (e) the partner’s student income bank balance is reduced to nil during the instalment period; and (f) following the giving of the statement, an adverse determination is made in relation to the person’s social security payment; and (g) the determination is made because, in the instalment period, either: (i) the partner earns, derives or receives, or is taken to earn, derive or receive, ordinary income other than employment income; or 232 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Date of effect of determinations Division 9 Section 118 (ii) the partner has reached pension age and is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income; the determination takes effect on: (h) if the determination is attributable to the reduction of the partner’s student income bank balance to nil—the day on which the balance was so reduced; and (i) if the determination is attributable to the partner’s having a student income bank balance that has already been reduced to nil during the instalment period—the first day in the instalment period on which the partner’s opening balance was nil.
(7) If: (a) the person whose social security payment is affected by the adverse determination has contravened a provision of this Act or a provision of the 1991 Act (other than an excluded provision); and (b) the contravention causes a delay in the making of the determination; the adverse determination takes effect on such day (which may be earlier than the day on which the determination is made) as is specified in the determination.
(7A) Subsection (7) does not apply to a determination under subsection 81(3).

(8) If: (a) a person has made a false statement or misrepresentation; and (b) because of the false statement or misrepresentation, a social security payment has been paid to a person when it should have been cancelled or suspended; the adverse determination takes effect on such day (which may be earlier than the day on which the determination is made) as is specified in the determination.
(9) If: Social Security (Administration) Act 1999 233 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 9 Date of effect of determinations Section 118 (a) a person has made a false statement or misrepresentation; and (b) because of the false statement or misrepresentation, the rate at which a social security payment was paid to a person was higher than it should have been; the adverse determination takes effect on such day (which may be earlier than the day on which the determination is made) as is specified in the determination.
(11) If: (a) a person’s social security payment is suspended under section 80, 81 or 82; and (b) the payment is subsequently cancelled under section 80, 81 or 82; the determination by which the payment is cancelled takes effect on the day on which the payment was suspended.
(11A) Despite subsection (11), a determination under section 80 or subsection 81(3) cancelling a person’s social security payment that has already been suspended under subsection 81(3) takes effect on such day (which may be earlier than the day on which the determination is made) as is specified in the determination.

(12) An adverse determination in relation to telephone allowance takes effect: (a) on the day on which it is made; or (b) if a later day is specified in the determination, on that day.
(12A) If: (a) a decision (the social security decision) was made that rent assistance (the social security rent assistance) was to be included when calculating a person’s rate of social security payment for each day in a period; and (b) the condition in subsection (12B) is met for each day in that period (which is about rent assistance also being included in family tax benefit); and (c) because the inclusion of the social security rent assistance was contrary to Part 3.7 of the 1991 Act, an adverse 234 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Date of effect of determinations Division 9 Section 118 determination is made to reduce the rate of, or cancel, the person’s social security payment for each day in that period; the adverse determination takes effect on the first day of that period.
(12B) The condition in this subsection is met for each day in a period if: (a) both of the following apply: (i) the person was a member of a couple (other than an illness separated couple, a respite care couple or a temporarily separated couple) on each day in the period; (ii) when the social security decision was made, a determination under the family assistance law was in force that included rent assistance when calculating the person’s, or the person’s partner’s, Part A rate of family tax benefit for each day in the period; or (b) both of the following apply: (i) the person was not a member of a couple, or was a member of an illness separated couple, a respite care couple, or a temporarily separated couple, on each day in the period; (ii) when the social security decision was made, a determination under the family assistance law was in force that included rent assistance when calculating the person’s Part A rate of family tax benefit for each day in the period; or (c) all of the following apply: (i) when the social security decision was made, no determination of a kind mentioned in subparagraph (a)(ii) or (b)(ii) (as the case requires) was in force; (ii) after the social security decision was made, such a determination was made; (iii) each day in the period either is, or comes after, the day on which the determination was made.
Social Security (Administration) Act 1999 235 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 9 Date of effect of determinations Section 120 (12C) If: (a) an adverse determination is made under section 80 suspending the payment of a parenting payment, youth allowance, austudy payment, jobseeker payment or special benefit to a person; and (b) the determination was made because of the application of: (i) subsection 42P(1) or 42S(1) (if the payment is a participation payment and the person is a declared program participant); or (ii) section 550B or 551 of the 1991 Act (if the payment is a youth allowance); or (iii) section 576A or 577 of the 1991 Act (if the payment is an austudy payment); the determination is taken to have taken effect on the day of the start of the period for which the payment, allowance or benefit is not payable because of that section.
(12D) However, subsection (12C) does not apply to an adverse determination if the determination would take effect on an earlier day under another provision of this Act.

(13) In any other case, an adverse determination takes effect: (a) on the day on which it is made; or (b) if a later day is specified in the determination, on that day.
(14) For the purposes of subsection (7), the excluded provisions are: (a) subsections 67(2), 68(2) and 69(2) of this Act to the extent that they relate to the giving of a notice requiring a person to give a statement to the Department; and (b) sections 192, 193, 194 and 195 of this Act.
120 Additional rules in the case of carer payment (1) If: (a) the Secretary makes a determination (the earlier determination) that a person (the carer) is entitled to carer 236 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Date of effect of determinations Division 9 Section 120 payment because the carer is providing care for a care receiver or care receivers; and (b) the determination is based on an assessment of the taxable income of the care receiver, or any of the care receivers, for a tax year; and (c) the assessment is subsequently amended by the Commissioner of Taxation, a tribunal or a court; and (d) as a result of the amendment of the assessment, the taxable income of the care receiver, or the sum of the taxable incomes of the care receivers, is more than the income ceiling under section 198A of the 1991 Act; and (e) the Secretary makes a determination under section 80 cancelling or suspending the carer payment; the adverse determination takes effect on the day on which the earlier determination took effect.
(2) If: (a) the Secretary makes a determination (the earlier determination) that a person (the carer) is entitled to carer payment because the carer is providing care for a care receiver or care receivers; and (b) in making the determination, the Secretary had regard to the taxable income of the care receiver, or the sum of the taxable incomes of the care receivers, for a tax year; and (c) the taxable income of the care receiver or any of the care receivers is or includes an amount estimated by: (i) in the case of a care receiver who is a higher ADAT score adult—the care receiver or the care receiver’s partner; or (ii) in the case of a care receiver who is a sole care child, combined care child or multiple care child—the parent of the care receiver, the parent’s partner (if the parent is a member of a couple) or the carer; or (iii) in the case of a care receiver who is a lower ADAT score adult—the carer or the care receiver’s partner; or Social Security (Administration) Act 1999 237 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 9 Date of effect of determinations Section 120 (iv) in the case of a care receiver who is a dependent child of a lower ADAT score adult—the carer or the care receiver’s parent; and (d) the Commissioner of Taxation subsequently makes an assessment of that taxable income; and (e) as a result of the assessment, the taxable income of the care receiver or the sum of the taxable incomes of the care receivers is more than the income ceiling under section 198A of the 1991 Act; and (f) the Secretary makes a determination under section 80 cancelling or suspending the carer payment; the adverse determination takes effect on the day on which the earlier determination took effect.
(3) If: (a) on the basis of the taxable income for a tax year of a care receiver who is a higher ADAT score adult, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care for the care receiver; and (b) the care receiver’s taxable income for a later tax year exceeds the income ceiling under section 198A of the 1991 Act; and (c) the Secretary makes a determination under section 80 cancelling or suspending the carer’s carer payment; the adverse determination takes effect: (d) if the Secretary made the determination under section 80 after the carer or care receiver informed the Department that the care receiver’s taxable income exceeded the income ceiling—on the day on which the carer or care receiver informed the Department; or (e) if, when the Secretary made the determination under section 80, the Department had not been informed by the carer or the care receiver that the care receiver’s taxable income exceeded the income ceiling—on the day on which the care receiver’s taxable income exceeded the income ceiling.
238 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Date of effect of determinations Division 9 Section 120 (4) If: (a) on the basis of the taxable income for a tax year of a care receiver who is a sole care child, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care for the care receiver; and (b) the care receiver’s taxable income for a later tax year exceeds the income ceiling under section 198A of the 1991 Act; and (c) the Secretary makes a determination under section 80 cancelling or suspending the carer’s carer payment; the adverse determination takes effect: (d) if the Secretary made the determination under section 80 after the parent or carer of the child informed the Department that the care receiver’s taxable income exceeded the income ceiling—on the day on which the parent or carer informed the Department; or (e) if, when the Secretary made the determination under section 80, the Department had not been informed by the parent or carer that the care receiver’s taxable income exceeded the income ceiling—on the day on which the care receiver’s taxable income exceeded the income ceiling.
(5) If: (a) on the basis of the sum of the taxable incomes for a tax year of care receivers who are combined care children, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care to the care receivers; and (b) the sum of the taxable incomes of the care receivers for a later tax year exceeds the income ceiling under section 198A of the 1991 Act; and (c) the Secretary makes a determination under section 80 cancelling or suspending the carer’s carer payment; the adverse determination takes effect: (d) if the Secretary made the determination under section 80 after a parent or carer of any of the children informed the Social Security (Administration) Act 1999 239 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 9 Date of effect of determinations Section 120 Department that the sum of the taxable incomes exceeded the income ceiling—on the day on which the parent or carer informed the Department; or (e) if, when the Secretary made the determination under section 80, the Department had not been informed by a parent or carer of any of the children that the sum of the taxable incomes exceeded the income ceiling—on the day on which the sum of the taxable incomes of the care receivers exceeded the income ceiling.
(5A) If: (a) on the basis of the sum of the taxable incomes for a tax year of care receivers who are a lower ADAT score adult and one or more multiple care children, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care to the care receivers; and (b) the sum of the taxable incomes of the care receivers for a later tax year exceeds the income ceiling under section 198A of the 1991 Act; and (c) the Secretary makes a determination under section 80 cancelling or suspending the carer’s carer payment; the adverse determination takes effect: (d) if the Secretary made the determination under section 80 after the carer or the lower ADAT score adult informed the Department that the sum of the taxable incomes exceeded the income ceiling—on the day on which the Department was so informed; or (e) if, when the Secretary made the determination under section 80, the Department had not been informed by the carer or the lower ADAT score adult that the sum of the taxable incomes exceeded the income ceiling—on the day on which the sum of the taxable incomes exceeds the income ceiling.
(6) If: 240 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Date of effect of determinations Division 9 Section 121 (a) on the basis of the sum of the taxable incomes for a tax year of care receivers who are a lower ADAT score adult and a dependent child, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care to the care receivers; and (b) the sum of the taxable incomes of the care receivers for a later tax year exceeds the income ceiling under section 198A of the 1991 Act; and (c) the Secretary makes a determination under section 80 cancelling or suspending the carer’s carer payment; the adverse determination takes effect: (d) if the Secretary made the determination under section 80 after the carer, the lower ADAT score adult or a parent of the dependent child informed the Department that the sum of the taxable incomes exceeded the income ceiling—on the day on which the Department was so informed; or (e) if, when the Secretary made the determination under section 80, the Department had not been informed by the carer, the lower ADAT score adult or a parent of the dependent child that the sum of the taxable incomes exceeded the income ceiling—on the day on which the sum of the taxable incomes exceed the income ceiling.
Subdivision E—Date of effect of adverse determinations relating to concession cards 121 Definition In this Subdivision: adverse determination means a determination under subsection 77(1) or (3) determining that a seniors health card, or a health care card that is income-tested for a person, is to be cancelled or under section 86 or 87.
Social Security (Administration) Act 1999 241 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 9 Date of effect of determinations Section 122 122 Date of effect of adverse determinations An adverse determination takes effect: (a) on the day on which it is made; or (b) if a later day is specified in the determination, on that day.
242 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provision of benefits Part 3 Continuing effect of determinations Division 10 Section 123 Division 10—Continuing effect of determinations 123 Continuing effect of determinations (1) A determination that: (a) a person’s claim for a social security payment is granted; or (b) a social security payment is payable to a person; continues in effect until: (ba) the payment is cancelled by section 38M of the 1991 Act, or subsection 42AM(4) or section 42AP of this Act; or (bb) immediately before the start of a payment suspension period for the person under section 42AL; or (c) a further determination in relation to the payment under section 80, 81 or 82, subsection 95C(1) or section 124H, 124M or 124NF takes effect; or (d) the payment ceases to be payable under section 90, 91, 93, 94 or 95; or (e) the end of the day immediately before the day on which the person dies.
(2) A determination that a person is qualified for a concession card continues in effect until: (a) a further determination under subsection 77(1) or (3) or section 86 or 87 takes effect; or (b) the person ceases to be qualified under section 104 or 105.
(3) A determination of the rate of a social security payment continues in effect until: (a) a further determination in relation to the payment under section 78, 79, 81A or 85A takes effect; or (b) the payment becomes payable at a lower rate under section 98, 99 or 100.
Social Security (Administration) Act 1999 243 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 11 Estimates and verification of maintenance income for Youth Allowance Rate Calculator Section 123AA Division 11—Estimates and verification of maintenance income for Youth Allowance Rate Calculator 123AA Estimate of maintenance income for Youth Allowance Rate Calculator (1) In working out the annualised amount of maintenance income for the parent of a person for the purposes of the maintenance income test in Module GA of the Youth Allowance Rate Calculator in section 1067G of the 1991 Act, the Secretary may have regard to an estimate of the amount of maintenance income for a period made by, or given to, the Secretary, if the Secretary is satisfied that the estimate is reasonable.
(2) If the Secretary has no reason to believe that there is any amount of maintenance income for the parent of the person for the period, the Secretary is taken to have had regard to an estimate of nil.

123AB Verification of maintenance income for Youth Allowance Rate Calculator (1) The method statement in this section applies if the Secretary is required by section 126A to review one or more decisions determining a rate of youth allowance for a person for a period or periods in an income year.
Method statement Step 1.

Work out the amount of maintenance income for a parent of the person for the income year using the information referred to in paragraph 126A(c).
In doing so: (a) assume that the person is an FTB child of the parent for the year; and 244 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Estimates and verification of maintenance income for Youth Allowance Rate Calculator Division 11 Provision of benefits Part 3 Section 123AB (b) (c) only take into account maintenance income received in relation to the person; and in working out whether maintenance income is received in relation to the person, have regard to the considerations that would apply under the Family Assistance Act.
This amount is the parent’s actual maintenance income for the income year.

Step 2.

Work out the annualised maintenance income free area for the parent for the income year under section 123AC.

Step 3.

Work out the annual amount of estimated maintenance income for the parent under section 123AD.

Step 4.
Step 4.

Go to subsection (2) if the actual maintenance income is equal to or more than the annual amount of estimated maintenance income and either: (a) (b) the actual maintenance income is less than 125% of the annualised maintenance income free area; or the actual maintenance income is equal to or more than 125% of the annualised maintenance income free area and the actual maintenance income is less than 125% of the annual amount of estimated maintenance income.

Step 5.
Step 5.

Go to subsection (3) in any other case.

(2) If the method statement says go to this subsection, the Secretary must affirm the decision or decisions under review.
(3) If the method statement says go to this subsection, the Secretary must recalculate the person’s rate of youth allowance having Social Security (Administration) Act 1999 245 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3 Provision of benefits Division 11 Estimates and verification of maintenance income for Youth Allowance Rate Calculator Section 123AC regard to the parent’s actual maintenance income for the income year and vary or substitute the decision or decisions under review accordingly.
123AC Annualised maintenance income free area For the purposes of the method statement in section 123AB, work out the annualised maintenance income free area for a parent of the person for the income year using this method statement.

Method statement Step 1.

Using Submodule 4 of Module GA of the Youth Allowance Rate Calculator in section 1067G of the 1991 Act, work out whether the maintenance income free area (the MIFA) for the parent was the same on all days in the income year.
If it was, then that MIFA is the annualised maintenance income free area for the parent for the income year.

Step 2.

If the MIFA for the parent was not the same on all days in the income year, work out for how many days in the income year each MIFA applied.

Step 3.

Work out the MIFA share for each such period by using this formula: MIFA  Number of days in the period Number of days in the income year Step 4.

Add up the MIFA share for each such period in the income year.
The result is the annualised maintenance income free area for the parent for the income year.
246 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Estimates and verification of maintenance income for Youth Allowance Rate Calculator Division 11 Provision of benefits Part 3 123AD Annual amount of estimated maintenance income For the purposes of the method statement in section 123AB, work out the annual amount of estimated maintenance income for a parent of a person using this method statement.
Section 123AD Method statement Step 1.

For each estimate of maintenance income of a parent of a person that applied in relation to a period in the income year, work out the annualised estimate by multiplying the amount of the estimate by: Number of days in income year Number of days in income year for which estimate applied Step 2.
For each annualised estimate worked out in step 1 for the income year, work out the period estimate by multiplying the annualised estimate by: Number of days in income year for which estimate applied Number of days in income year Step 3.

Add up all the period estimates for periods that occurred in the income year.

This is the annual amount of estimated maintenance income for the parent for the income year.
Social Security (Administration) Act 1999 247 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3A Nominees Division 1 Preliminary Section 123A Part 3A—Nominees Division 1—Preliminary 123A Definitions In this Part: correspondence nominee means a person who, by virtue of an appointment in force under section 123C, is the correspondence nominee of another person.

nominee means a correspondence nominee or a payment nominee.
payment nominee means: (a) a person who, by virtue of an appointment in force under section 123B, is the payment nominee of another person; or (b) a person to whom instalments of youth allowance of another person are to be paid in accordance with subsection 45(1).
principal, in relation to a nominee, means: (a) in the case of a nominee appointed under section 123B or 123C, the person in relation to whom the nominee was appointed; or (b) in the case of a person to whom instalments of youth allowance are to be paid in accordance with subsection 45(1), the person on whose behalf those instalments are to be so paid.
relevant payment means: (a) instalments of a social security periodic payment; or (b) instalments of a special employment advance; or (c) a social security payment that is a lump sum benefit for the purposes of section 47; or (ca) a clean energy payment; or (d) instalments of utilities allowance; or 248 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Nominees Part 3A Preliminary Division 1 Section 123A (e) instalments of energy supplement under Part 2.25B of the 1991 Act; or (f) a payment of quarterly pension supplement; or (g) a payment of a student start-up loan.
Social Security (Administration) Act 1999 249 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3A Nominees Division 2 Appointment of nominees Section 123B Division 2—Appointment of nominees 123B Appointment of payment nominee Subject to section 123D, the Secretary may, in writing: (a) appoint a person (including a body corporate) to be the payment nominee of another person for the purposes of the social security law; and (b) direct that the whole or a specified part of a specified relevant payment that is payable to the nominee’s principal, or would, but for subsection 45(1), be so payable, is to be paid to the nominee.
123C Appointment of correspondence nominee Subject to section 123D, the Secretary may, in writing, appoint a person (including a body corporate) to be the correspondence nominee of another person for the purposes of the social security law.

123D Provisions relating to appointments (1) A person may be appointed as the payment nominee and the correspondence nominee of the same person.
(2) The Secretary must not appoint a nominee for a person (the proposed principal) under section 123B or 123C except: (a) with the written consent of the person to be appointed; and (b) after taking into consideration the wishes (if any) of the proposed principal regarding the making of such an appointment.

(3) The Secretary must cause a copy of an appointment under section 123B or 123C to be given to: (a) the nominee; and (b) the principal.
250 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Nominees Part 3A Appointment of nominees Division 2 Section 123E (4) The Secretary must not appoint a payment nominee for a person who is the holder of a concession card but is not receiving a social security payment.
123E Suspension and revocation of nominee appointments (1) If a person who is a nominee by virtue of an appointment under section 123B or 123C informs the Secretary in writing that the person no longer wishes to be a nominee under that appointment, the Secretary must, as soon as practicable, revoke the appointment.
(2) If: (a) the Secretary gives a person who is a nominee a notice under section 123K; and (b) the person informs the Department that: (i) an event or change of circumstances has occurred or is likely to occur; and (ii) the event or change of circumstances is likely to have an effect referred to in paragraph 123K(1)(b); the Secretary may suspend or revoke the appointment by virtue of which the person is a nominee.
(3) If: (a) the Secretary gives a person who is a nominee a notice under section 123K or 123L; and (b) the person does not comply with the requirement of the notice; the Secretary may suspend or revoke the appointment, or each appointment, by virtue of which the person is a nominee.

(4) While an appointment is suspended, the appointment has no effect for the purposes of this Part.

(5) The Secretary may, at any time, cancel the suspension of an appointment under subsection (2) or (3).
Social Security (Administration) Act 1999 251 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3A Nominees Division 2 Appointment of nominees Section 123E (6) The suspension or revocation of an appointment, and the cancellation of such a suspension, must be in writing.

(7) The revocation of an appointment has effect on and from such day, being later than the day of the revocation, as is specified in the revocation.
(8) Subsections (2) and (3) do not apply to a person who is a payment nominee by virtue of paragraph (b) of the definition of payment nominee in section 123A.

(9) The Secretary must cause a copy of: (a) a suspension of an appointment; or (b) a revocation of an appointment; or (c) a cancellation of a suspension of an appointment; to be given to: (d) the nominee; and (e) the principal.
252 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Nominees Part 3A Payments to payment nominee Division 3 Section 123F Division 3—Payments to payment nominee 123F Payment of instalments etc.
to payment nominee (1) If: (a) a person has a payment nominee; and (b) the whole or a part of a relevant payment is payable to the person, or would, but for subsection 45(1), be so payable; and (c) the Secretary has given a direction in relation to the relevant payment under section 123B; the relevant payment is to be paid in accordance with the direction.
(2) An amount paid to the payment nominee of a person: (a) is paid to the payment nominee on behalf of the person; and (b) is taken, for the purposes of the social security law (other than this Part), to have been paid to the person and to have been so paid when it was paid to the nominee.

(3) An amount that is to be paid to the payment nominee of a person must be paid to the credit of a bank account nominated and maintained by the nominee.
(4) The Secretary may direct that the whole or a part of an amount that is to be paid to a payment nominee be paid to the payment nominee in a different way from that provided for by subsection (3).

If the Secretary gives such a direction, an amount to which the direction relates is to be paid in accordance with the direction.

(5) Subsections (3) and (4) do not apply in the case of a person who is a payment nominee by virtue of paragraph (b) of the definition of payment nominee in section 123A.
Social Security (Administration) Act 1999 253 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3A Nominees Division 4 Functions and responsibilities of nominees Section 123G Division 4—Functions and responsibilities of nominees 123G Definition In this Division: benefit recipient means a person who: (a) has made a claim for, or is receiving, a social security payment; or (b) has made a claim for, or is the holder of, a concession card.
123H Actions of correspondence nominee on behalf of benefit recipient (1) Subject to section 123S and subsection (4), any act that may be done by a benefit recipient under, or for the purposes of, the social security law (other than an act for the purposes of Division 2 or 3) may be done by the benefit recipient’s correspondence nominee.
(2) Without limiting subsection (1), an application or claim that may be made under the social security law by a benefit recipient may be made by the benefit recipient’s correspondence nominee on behalf of the benefit recipient, and an application or claim so made is taken to be made by the benefit recipient.
(3) An act done by a benefit recipient’s correspondence nominee under this section has effect, for the purposes of the social security law (other than this Part), as if it had been done by the benefit recipient.
(4) If, under a provision of the social security law, the Secretary: (a) gives to a benefit recipient who has a correspondence nominee a notice making a requirement of the benefit recipient; or (b) notifies a benefit recipient who has a correspondence nominee that the benefit recipient is required to do an act; 254 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Nominees Part 3A Functions and responsibilities of nominees Division 4 Section 123I subsection (1) does not authorise the correspondence nominee to do an act that is required by the notice or the notification, as the case may be, to be done by the benefit recipient.
123I Giving of notices to correspondence nominee (1) Any notice that the Secretary is authorised or required by the social security law to give to a benefit recipient may be given by the Secretary to the benefit recipient’s correspondence nominee.

(2) The notice: (a) must, in every respect, be in the same form, and in the same terms, as if it were being given to the benefit recipient; and (b) may be given to the correspondence nominee personally or by post or in any other manner approved by the Secretary.
(3) If: (a) under subsection (1), the Secretary gives a notice (the nominee notice) to a benefit recipient’s correspondence nominee; and (b) the Secretary afterwards gives the benefit recipient a notice that: (i) is expressed to be given under the same provision of the social security law as the nominee notice; and (ii) makes the same requirement of the benefit recipient as the nominee notice; section 123J ceases to have effect in relation to the nominee notice.
(4) If: (a) under subsection (1), the Secretary gives a notice (the nominee notice) to a benefit recipient’s correspondence nominee; and (b) the Secretary has already given to the benefit recipient a notice that: (i) is expressed to be given under the same provision of the social security law as the nominee notice; and Social Security (Administration) Act 1999 255 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3A Nominees Division 4 Functions and responsibilities of nominees Section 123J (ii) makes the same requirement of the benefit recipient as the nominee notice; section 123J does not have effect in relation to the nominee notice.
123J Compliance by correspondence nominee (1) If, under section 123I, a notice is given to a benefit recipient’s correspondence nominee, the following paragraphs have effect: (a) for the purposes of the social security law, other than this Part, the notice is taken: (i) to have been given to the benefit recipient; and (ii) to have been so given on the day on which the notice was given to the correspondence nominee; (b) any requirement that the notice makes of the benefit recipient may be satisfied by the correspondence nominee; (c) any act done by the correspondence nominee for the purpose of satisfying a requirement of the notice has effect, for the purposes of the social security law (other than Part 6 of this Act), as if it had been done by the benefit recipient; (d) if the correspondence nominee fails to satisfy a requirement of the notice, the benefit recipient is taken, for the purposes of the social security law, to have failed to comply with the requirement; (e) for the purposes of determining whether anything done by the correspondence nominee constitutes compliance with the notice, the social security law has effect as if a reference in the notice to the benefit recipient becoming aware that a specified event or change of circumstances is likely to occur were a reference to the correspondence nominee becoming so aware.
(2) In order to avoid doubt, and without limiting subsection (1), it is declared as follows: (a) if the notice requires the benefit recipient to inform the Department of a matter within a specified period and the correspondence nominee informs the Department of the 256 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Nominees Part 3A Functions and responsibilities of nominees Division 4 Section 123K matter within that period in accordance with the notice, the benefit recipient is taken, for the purposes of the social security law, to have complied with the requirement set out in the notice; (b) if the notice requires the benefit recipient to give a statement about a matter, or produce a document, to the Department within a specified period and the correspondence nominee gives a statement about that matter, or produces the document, as the case may be, to the Department within that period in accordance with the notice, the benefit recipient is taken, for the purposes of the social security law, to have complied with the requirement set out in the notice; (c) if the notice requires the benefit recipient to inform the Department of a matter within a specified period and the correspondence nominee does not inform the Department of the matter within that period in accordance with the notice, the benefit recipient is taken, for the purposes of the social security law, to have failed to comply with the requirement set out in the notice; (d) if the notice requires the benefit recipient to give a statement about a matter, or produce a document, to the Department within a specified period and the correspondence nominee does not give a statement about that matter, or produce the document, as the case may be, to the Department within that period in accordance with the notice, the benefit recipient is taken, for the purposes of the social security law, to have failed to comply with the requirement set out in the notice.
123K Notification by nominee of matters affecting ability to act as nominee (1) The Secretary may give a nominee of a benefit recipient a notice that requires the nominee to inform the Department if: (a) either: (i) an event or change of circumstances occurs; or Social Security (Administration) Act 1999 257 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3A Nominees Division 4 Functions and responsibilities of nominees Section 123K (ii) the nominee becomes aware that an event or change of circumstances is likely to occur; and (b) the event or change of circumstances is likely to affect: (i) the ability of the nominee to act as the payment nominee or correspondence nominee of the benefit recipient, as the case may be; or (ii) the ability of the Secretary to give notices to the nominee under this Act; or (iii) the ability of the nominee to comply with notices given to the nominee by the Secretary under this Act.
(2) Subject to subsection (3), a notice under subsection (1): (a) must be in writing; and (b) may be given personally or by post or by any other means approved by the Secretary; and (c) must specify how the nominee is to give the information to the Department; and (d) must specify the period within which the nominee is to give the information to the Department.

(3) A notice under subsection (1) is not ineffective merely because it fails to comply with paragraph (2)(c).
(4) Subject to subsection (5), the period specified under paragraph (2)(d) must not end earlier than 14 days after: (a) the day on which the event or change of circumstances occurs; or (b) the day on which the nominee becomes aware that the event or change of circumstances is likely to occur.

(5) If a notice requires the nominee to inform the Department of any proposal by the nominee to leave Australia, subsection (4) does not apply to that requirement.
(6) This section extends to: (a) acts, omissions, matters and things outside Australia, whether or not in a foreign country; and 258 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Nominees Part 3A Functions and responsibilities of nominees Division 4 Section 123L (b) all persons, irrespective of their nationality or citizenship.
123L Statement by payment nominee regarding disposal of money (1) The Secretary may give the payment nominee of a benefit recipient a notice that requires the nominee to give the Department a statement giving particulars of the disposal by the nominee of money paid under the social security law to the nominee on behalf of the benefit recipient.
(2) Subject to subsection (3), a notice under subsection (1): (a) must be in writing; and (b) may be given personally or by post or by any other means approved by the Secretary; and (c) must specify how the nominee is to give the statement to the Department; and (d) must specify the period within which the nominee is to give the statement to the Department.

(3) A notice under subsection (1) is not ineffective merely because it fails to comply with paragraph (2)(c).
(4) The period specified under paragraph (2)(d) must not end earlier than 14 days after the day on which the notice is given.

(5) A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Secretary.

(6) A nominee must not refuse or fail to comply with a notice under subsection (1).

Penalty: 60 penalty units.

(7) Subsection (6) applies only to the extent to which the person is capable of complying with the notice.
(8) Subsection (6) does not apply if the person has a reasonable excuse.

Social Security (Administration) Act 1999 259 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3A Nominees Division 4 Functions and responsibilities of nominees Section 123L (9) An offence against subsection (6) is an offence of strict liability.
(10) This section extends to: (a) acts, omissions, matters and things outside Australia, whether or not in a foreign country; and (b) all persons, irrespective of their nationality or citizenship.
260 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Nominees Part 3A Other matters Division 5 Section 123M Division 5—Other matters 123M Protection of principal against liability for actions of nominee Nothing in this Part has the effect of rendering a person guilty of an offence against this Act in respect of any act or omission of the person’s correspondence nominee.
123N Protection of nominee against criminal liability (1) A nominee is not subject to any criminal liability under the social security law in respect of: (a) any act or omission of the principal; or (b) anything done, in good faith, by the nominee in his or her capacity as nominee.

(2) This section has effect subject to section 123L.
123O Duty of nominee to principal (1) It is the duty of a person who is the payment or correspondence nominee of another person at all times to act in the best interests of the principal.

(2) A nominee does not commit a breach of the duty imposed by subsection (1) by doing an act if, when the act is done, there are reasonable grounds for believing that it is in the best interests of the principal that the act be done.
(3) A nominee does not commit a breach of the duty imposed by subsection (1) by refraining from doing an act if, at the relevant time, there are reasonable grounds for believing that it is in the best interests of the principal that the act be not done.
Social Security (Administration) Act 1999 261 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3A Nominees Division 5 Other matters Section 123P 123P Saving of Secretary’s powers of revocation Nothing in this Part is to be taken to be an expression of a contrary intention for the purposes of subsection 33(3) of the Acts Interpretation Act 1901.
123Q Saving of Secretary’s powers to give notices to principal Nothing in this Part is intended in any way to limit or affect the Secretary’s powers under other provisions of the social security law to give notices to, or make requirements of, a person who has a nominee.
123R Notification of nominee where notice given to principal If, under a provision of the social security law (other than a provision of this Part), the Secretary gives a notice to a person who has a correspondence nominee, the Secretary may inform the correspondence nominee of the giving of the notice and of the terms of the notice.
123S Right of nominee to attend with principal (1) If: (a) under a provision of the social security law (other than a provision of this Part), the Secretary gives a notice to a person who has a correspondence nominee; and (b) the notice requires the person: (i) to attend the Department; or (ii) to attend a particular place; and (c) the Secretary informs the person’s correspondence nominee of the giving of the notice; the correspondence nominee may attend the Department or place, as the case may be, with the person if the person so wishes.
262 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Nominees Part 3A Other matters Division 5 Section 123S (2) If: (a) under a provision of the social security law (other than a provision of this Part), the Secretary gives a notice to a person who has a correspondence nominee; and (b) the notice requires the person to undergo a medical, psychiatric or psychological examination; the correspondence nominee may accompany the person while the examination is being conducted: (c) if the person so wishes; and (d) to the extent to which the person conducting the examination consents.
(3) If a person’s correspondence nominee is a body corporate, the last reference in subsection (1) or (2) to the correspondence nominee is to be read as a reference to an officer or employee of the correspondence nominee.
Social Security (Administration) Act 1999 263 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 1 Introduction Section 123TA Part 3B—Income management regime Division 1—Introduction 123TA Simplified outline The following is a simplified outline of this Part: • • This Part sets up an income management regime for recipients of certain welfare payments.
A person may become subject to the income management regime because: (a) (b) (c) (d) (e) (f) (g) a child protection officer of a State or Territory requires the person to be subject to the income management regime; or the Secretary has determined that the person is a vulnerable welfare payment recipient; or the person meets the criteria relating to disengaged youth; or the person meets the criteria relating to long-term welfare payment recipients; or the person, or the person’s partner, has a child who does not meet school enrolment requirements; or the person, or the person’s partner, has a child who has unsatisfactory school attendance; or the Queensland Commission requires the person to be subject to the income management regime; or 264 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Introduction Division 1 Section 123TB (ga) an officer or employee of a recognised State/Territory authority requires the person to be subject to the income management regime; or (h) the person voluntarily agrees to be subject to the income management regime.
• • • A person who is subject to the income management regime will have an income management account.

Amounts will be deducted from the person’s welfare payments and credited to the person’s income management account.
Amounts will be debited from the person’s income management account for the purposes of enabling the Secretary to take action directed towards meeting the priority needs of: (a) the person; and (b) the person’s children (if any); and (c) the person’s partner (if any); and (d) any other dependants of the person.
123TB Objects The objects of this Part are as follows: (a) to reduce immediate hardship and deprivation by ensuring that the whole or part of certain welfare payments is directed to meeting the priority needs of: (i) the recipient of the welfare payment; and (ii) the recipient’s children (if any); and (iii) the recipient’s partner (if any); and Social Security (Administration) Act 1999 265 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 1 Introduction Section 123TC (iv) any other dependants of the recipient; (b) to ensure that recipients of certain welfare payments are given support in budgeting to meet priority needs; (c) to reduce the amount of certain welfare payments available to be spent on alcoholic beverages, gambling, tobacco products and pornographic material; (d) to reduce the likelihood that recipients of welfare payments will be subject to harassment and abuse in relation to their welfare payments; (e) to encourage socially responsible behaviour, including in relation to the care and education of children; (f) to improve the level of protection afforded to welfare recipients and their families.
123TC Definitions In this Part: 2020 economic support payment means: (a) a first 2020 economic support payment under Division 1 of Part 2.6B of the 1991 Act; or (b) a second 2020 economic support payment under Division 2 of Part 2.6B of the 1991 Act; or (c) a first 2020 economic support payment under the ABSTUDY Scheme; or (d) a second 2020 economic support payment under the ABSTUDY Scheme; or (e) a first 2020 economic support payment under Division 1 of Part 9 of the Family Assistance Act; or (f) a second 2020 economic support payment under Division 2 of Part 9 of the Family Assistance Act.
account statement, in relation to an income management account, means a statement that sets out: (a) the amounts credited to the income management account during a particular period; and 266 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Introduction Division 1 Section 123TC (b) the amounts debited from the income management account during that period; and (c) the balance of the income management account as at the end of that period.
acquire has the same meaning as in the Competition and Consumer Act 2010. additional economic support payment means: (a) an additional economic support payment 2020 under Division 1 of Part 2.6C of the 1991 Act; or (b) an additional economic support payment 2021 under Division 2 of Part 2.6C of the 1991 Act; or (c) an additional economic support payment 2020 under Division 1 of Part 10 of the Family Assistance Act; or (d) an additional economic support payment 2021 under Division 2 of Part 10 of the Family Assistance Act.
applicable school period has the meaning given by section 123UI.

category E welfare payment means: (a) youth allowance; or (b) jobseeker payment; or (c) special benefit; or (d) pension PP (single); or (e) benefit PP (partnered).
category H welfare payment means: (a) a social security benefit; or (b) a social security pension; or (c) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance; or (d) a service pension; or (e) income support supplement; or (ea) a veteran payment; or Social Security (Administration) Act 1999 267 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 1 Introduction Section 123TC (f) Defence Force Income Support Allowance.
category I welfare payment means: (a) a category H welfare payment; or (b) double orphan pension; or (c) family tax benefit under the Family Assistance Act; or (d) family tax benefit advance under the Family Assistance Administration Act; or (e) stillborn baby payment under the Family Assistance Act; or (g) carer allowance; or (ga) child disability assistance; or (gb) carer supplement; or (h) mobility allowance; or (i) pensioner education supplement; or (j) telephone allowance under Part 2.25 of the 1991 Act; or (k) veterans supplement under section 118B of the Veterans’ Entitlements Act; or (l) utilities allowance under Part 2.25A of the 1991 Act; or (n) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or (o) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or (p) a social security bereavement payment; or (q) a veterans’ entitlement bereavement payment; or (r) a Northern Territory CDEP transition payment; or (s) an advance payment under Part 2.22 of the 1991 Act; or (t) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or (u) a mobility allowance advance under section 1045 of the 1991 Act; or 268 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Introduction Division 1 Section 123TC (v) an advance payment under Part IVA of the Veterans’ Entitlements Act.
category P welfare payment means: (a) a social security benefit; or (b) a social security pension; or (c) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance.
category Q welfare payment means: (a) a category P welfare payment; or (b) carer allowance; or (ba) child disability assistance; or (bb) carer supplement; or (c) mobility allowance; or (d) pensioner education supplement; or (e) telephone allowance under Part 2.25 of the 1991 Act; or (f) utilities allowance under Part 2.25A of the 1991 Act; or (g) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or (h) a social security bereavement payment (other than a social security bereavement payment in relation to an age pension or a carer payment); or (i) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or (j) an advance payment under Part 2.22 of the 1991 Act (other than an advance payment of an age pension or a carer payment); or (k) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or Social Security (Administration) Act 1999 269 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 1 Introduction Section 123TC (l) a mobility allowance advance under section 1045 of the 1991 Act; or (m) double orphan pension; or (n) family tax benefit under the Family Assistance Act; or (o) family tax benefit advance under the Family Assistance Administration Act; or (p) stillborn baby payment under the Family Assistance Act.
category R welfare payment means: (c) a service pension; or (d) income support supplement; or (da) a veteran payment; or (e) Defence Force Income Support Allowance.
category S welfare payment means: (a) family tax benefit under the Family Assistance Act; or (b) family tax benefit advance under the Family Assistance Administration Act; or (c) stillborn baby payment under the Family Assistance Act; or (e) double orphan pension; or (f) carer allowance; or (fa) child disability assistance; or (fb) carer supplement; or (g) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre.
child of a person means: (a) a child for whom the person is the principal carer; or (b) an FTB child of the person; or (c) on or after 1 July 2008—a regular care child of the person.
This definition does not apply to: (d) the definition of child protection officer in this section; or (e) Division 2; or 270 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Introduction Division 1 Section 123TC (f) subsection 123ZE(2); or (g) section 123ZEB.
child protection officer means an officer or employee of a State or Territory who has functions, powers or duties in relation to the care, protection or welfare of children.

clean energy income-managed payment means: (a) a clean energy advance under the 1991 Act; or (c) a clean energy advance under the Family Assistance Act; or (d) quarterly energy supplement under the 1991 Act; or (e) quarterly energy supplement under the Veterans’ Entitlements Act for service pension.
declared child protection State or Territory has the meaning given by section 123TF.

declared primary school area has the meaning given by subsection 123TG(1).

declared secondary school area has the meaning given by subsection 123TG(3).

declared voluntary income management area has the meaning given by section 123TGA.
economic security strategy payment means: (a) an economic security strategy payment under Part 2.17 of the 1991 Act; or (b) an economic security strategy payment under Part VIIG of the Veterans’ Entitlements Act; or (c) an economic security strategy payment to families under Part 6 of the Family Assistance Act; or (d) a payment under the scheme determined under Schedule 4 to the Social Security and Other Legislation Amendment (Economic Security Strategy) Act 2008. eligible care child has the meaning given by section 123UH.
Social Security (Administration) Act 1999 271 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 1 Introduction Section 123TC eligible care period has the meaning given by section 123UJ.

eligible recipient has the meaning given by section 123TK.

ETR income-managed payment means: (a) ETR payment under the Family Assistance Act; or (b) ETR payment under the Veterans’ Entitlements Act.
excluded goods has the meaning given by subsection 123TI(1).

excluded Part 3B payment nominee means: (a) the Public Trustee (however described) of a State or Territory; or (b) a Part 3B payment nominee who: (i) is not subject to the income management regime; and (ii) is not a program participant under Part 3D.

excluded service has the meaning given by subsection 123TI(2).

exempt welfare payment recipient has the meaning given by section 123UGB, 123UGC or 123UGD.
family law order means: (a) a parenting order within the meaning of section 64B of the Family Law Act 1975; or (b) a family violence order within the meaning of section 4 of that Act; or (c) a State child order registered under section 70D of that Act; or (d) an overseas child order registered under section 70G of that Act.

full-time student has the meaning given by section 123UGF.
household stimulus payment means: (a) a training and learning bonus under Part 2.18 of the 1991 Act; or 272 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Introduction Division 1 Section 123TC (c) an education entry payment supplement under Division 14 of Part 2.13A of the 1991 Act; or (d) a back to school bonus or single income family bonus under Part 7 of the Family Assistance Act; or (e) a payment under the scheme determined under Schedule 4 to the Household Stimulus Package Act (No.
2) 2009. income management account means a notional account kept in accordance with section 123WA.

Income Management Record means the Income Management Record established by section 123VA.
income tax law has the same meaning as in the Income Tax Assessment Act 1997. net amount of an instalment or payment means: (a) if a deduction is made from, or an amount is set off against, the instalment or payment under: (i) section 61 or 238 of this Act; or (ii) section 1231 of the 1991 Act; or (iii) section 84, 84A, 92, 92A, 225, 226 or 227 of the Family Assistance Administration Act; or (iv) section 50A, 50B, 58J, 79L, 122B, 122D, 205 or 205AA of the Veterans’ Entitlements Act; so much of the instalment or payment as remains after the deduction is made or the set-off occurs, as the case may be; or (b) in any other case—the amount of the instalment or payment.
non-alcoholic beverage means a beverage other than an alcoholic beverage.

parenting plan has the same meaning as in the Family Law Act 1975.
Part 3B payment nominee means: Social Security (Administration) Act 1999 273 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 1 Introduction Section 123TC (a) a person who is, by virtue of an appointment in force under section 123B of this Act or section 219TB of the Family Assistance Administration Act, the payment nominee of another person; or (b) a person to whom payment of another person’s service pension or veteran payment is made by virtue of an approval in force under section 58D of the Veterans’ Entitlements Act; or (c) a person to whom payment of another person’s service pension or veteran payment is made by virtue of an appointment in force under section 202 of the Veterans’ Entitlements Act; or (d) a person to whom another person’s instalments of youth allowance are to be paid in accordance with subsection 45(1) of this Act.
pornographic material has the meaning given by section 123TJ.

priority needs has the meaning given by section 123TH.

quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October.

Queensland Commission means a body or agency that: (a) is established by a law of Queensland; and (b) is specified in a legislative instrument made by the Minister for the purposes of this paragraph.

recognised State or Territory has the meaning given by section 123TGAB.
recognised State/Territory authority has the meaning given by section 123TGAA.

registered parenting plan has the same meaning as in the Family Law Act 1975. school age child has the meaning given by section 123UGG.
274 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Introduction Division 1 Section 123TC stored value card includes a portable device that is: (a) capable of storing monetary value in a form other than physical currency; and (b) of a kind specified in a legislative instrument made by the Minister for the purposes of this paragraph.
subject to the income management regime has the meaning given by section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF, 123UFAA or 123UFA.

supply has the same meaning as in the Competition and Consumer Act 2010. tobacco product has the same meaning as in the Tobacco Advertising Prohibition Act 1992. unsatisfactory school attendance situation has the meaning given by section 123UK.
veterans’ entitlement bereavement payment means: (a) a bereavement payment within the meaning of subsection 53K(3) of the Veterans’ Entitlements Act; or (b) a bereavement payment paid under subsection 53L(4) of that Act; or (c) an amount paid under subsection 53Q(1) of that Act; or (d) a bereavement payment within the meaning of subsection 53T(1) of that Act.

voluntary income management agreement means an agreement under section 123UM.
vulnerable welfare payment recipient has the meaning given by section 123UGA.

Social Security (Administration) Act 1999 275 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 1 Introduction Section 123TF 123TF Declared child protection State or Territory The Minister may, by legislative instrument, determine that a specified State or Territory is a declared child protection State or Territory for the purposes of this Part.
123TG Declared primary school area and declared secondary school area Declared primary school area (1) The Minister may, by legislative instrument, determine that: (a) a specified State; or (b) a specified Territory; or (c) a specified area; is a declared primary school area for the purposes of this Part.

(2) This Part does not prevent an area specified under paragraph (1)(c) from being described as the area within the boundary of premises occupied by a particular primary school.
Declared secondary school area (3) The Minister may, by legislative instrument, determine that: (a) a specified State; or (b) a specified Territory; or (c) a specified area; is a declared secondary school area for the purposes of this Part.

(4) This Part does not prevent an area specified under paragraph (3)(c) from being described as the area within the boundary of premises occupied by a particular secondary school.
123TGAA Recognised State/Territory authority (1) The Minister may, by legislative instrument, determine that: 276 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Introduction Division 1 Section 123TGAA (a) a specified department, or a specified part of a department, of a State or Territory; or (b) a specified body of a State or Territory; or (c) a specified agency of a State or Territory; is a recognised State/Territory authority for the purposes of this Part.
Functions, powers or duties of officers or employees (2) Before making a determination under subsection (1), the Minister must be satisfied that officers or employees of the department or part of the department, or of the body or agency, have functions, powers or duties in relation to the care, protection, welfare or safety of adults, children or families.
Appropriate review process (3) Before making a determination under subsection (1), the Minister must be satisfied that there is an appropriate process for reviewing any decisions to give notices of the kind referred to in paragraph 123UFAA(1)(b) that could be made by officers or employees of the department or part of the department or of the body or agency if the Minister were to make the determination.
(4) In deciding whether the Minister is satisfied as mentioned in subsection (3), the Minister must have regard to the following: (a) the cost of the review process to applicants; (b) the timeliness of the review process; (c) whether the review process provides that applicants are entitled to be represented and heard; (d) the degree of independence of the review process; (e) whether the review process provides for the use of the services of an interpreter.
This subsection does not limit the matters to which the Minister may have regard to in deciding whether the Minister is satisfied as mentioned in subsection (3).
Social Security (Administration) Act 1999 277 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 1 Introduction Section 123TGAB 123TGAB Recognised State or Territory The Minister may, by legislative instrument, determine that a specified State or Territory is a recognised State or Territory for the purposes of this Part.
123TGA Declared voluntary income management area The Minister may, by legislative instrument, determine that: (a) a specified State; or (b) a specified Territory; or (c) a specified area; is a declared voluntary income management area for the purposes of this Part.
123TH Priority needs (1) For the purposes of this Part, a person’s priority needs are as follows: (a) food; (b) non-alcoholic beverages; (c) clothing; (d) footwear; (e) basic personal hygiene items; (f) basic household items; (g) housing, including: (i) rent; and (ii) home loan repayments; and (iii) repairs; and (iv) maintenance; (h) household utilities, including: (i) electricity; and (ii) gas; and (iii) water; and 278 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Introduction Division 1 Section 123TH (iv) sewerage; and (v) garbage collection; and (vi) fixed-line telephone; (i) rates and land tax; (j) health, including: (i) medical, nursing, dental or other health services; and (ii) pharmacy items; and (iii) the supply, alteration or repair of artificial teeth; and (iv) the supply, alteration or repair of an artificial limb (or part of a limb), artificial eye or hearing aid; and (v) the supply, alteration or repair of a medical or surgical appliance; and (vi) the testing of eyes; and (vii) the prescribing of spectacles or contact lenses; and (viii) the supply of spectacles or contact lenses; and (ix) the management of a disability; (k) child care and development; (l) education and training; (m) items required for the purposes of the person’s employment, including: (i) a uniform or other occupational clothing; and (ii) protective footwear; and (iii) tools of trade; (n) funerals; (o) public transport
 services, where the services are used wholly or partly for purposes in connection with any of the above needs; (p) the acquisition, repair, maintenance or operation of: (i) a motor vehicle; or (ii) a motor cycle; or (iii) a bicycle; that is used wholly or partly for purposes in connection with any of the above needs; Social Security (Administration) Act 1999 279 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 1 Introduction Section 123TI (q) any thing specified in a legislative instrument made by the Minister for the purposes of this paragraph.
(2) For the purposes of this Part, excluded goods or excluded services are not priority needs.

123TI Excluded goods and excluded services Excluded goods (1) Each of the following goods are excluded goods for the purposes of this Part: (a) alcoholic beverages; (b) tobacco products; (c) pornographic material; (d) goods specified in a legislative instrument made by the Minister for the purposes of this paragraph.
Excluded services (2) Each of the following services is an excluded service for the purposes of this Part: (a) gambling; (b) a service specified in a legislative instrument made by the Minister for the purposes of this paragraph.
123TJ Pornographic material (1) For the purposes of this Part, pornographic material is: (a) a publication, film or computer game classified RC; or (b) an unclassified publication, film or computer game that contains material that would be likely to cause it to be classified RC; or (c) a publication classified Category 1 restricted or Category 2 restricted; or 280 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Introduction Division 1 Section 123TK (d) an unclassified publication that contains material that would be likely to cause it to be classified Category 1 restricted or Category 2 restricted; or (e) a film classified X 18+; or (f) an unclassified film that contains material that would be likely to cause it to be classified X 18+.
(2) An expression used in subsection (1) and in the Classification (Publications, Films and Computer Games) Act 1995 has the same meaning in subsection (1) as it has in that Act.
123TK Eligible recipient (1) For the purposes of this Part, if a claim by a person for a particular payment is granted, the person is an eligible recipient of the payment during the period: (a) beginning on: (i) if the payment is in relation to a service pension, income support supplement or Defence Force Income Support Allowance—the provisional commencement day (within the meaning of the Veterans’ Entitlements Act) for the payment; or (ii) in any other case—the start day for the payment; and (b) ending when the payment is cancelled.
(2) For the purposes of this Part, a person is an eligible recipient of a veteran payment while the person is receiving that payment.
Social Security (Administration) Act 1999 281 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 2 Persons subject to the income management regime Section 123UA Division 2—Persons subject to the income management regime Subdivision A—Situations in which a person is subject to the income management regime 123UA Persons subject to the income management regime This Subdivision sets out the various situations in which a person is subject to the income management regime.
123UC Persons subject to the income management regime—child protection (1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if: (a) at the test time, the person, or the person’s partner, is an eligible recipient of a category H welfare payment; and (b) before the test time, a child protection officer of a State or Territory gave the Secretary a written notice requiring that the person be subject to the income management regime under this section; and (c) the notice was given: (i) under a law (whether written or unwritten) in force in a State or Territory (other than a law of the Commonwealth); or (ii) in the exercise of the executive power of a State or Territory; and (d) at the test time, the notice had not been withdrawn or revoked; and (e) at the test time, the State or Territory is a declared child protection State or Territory; and (f) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and 282 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Persons subject to the income management regime Division 2 Section 123UCA (g) at the test time, the person is not subject to the income management regime under section 123UF; and (h) at the test time, the person is not: (i) a program participant (within the meaning of Part 3D) for the purposes of cashless welfare arrangements; or (ii) a voluntary participant (within the meaning of that Part) for the purposes of cashless welfare arrangements.
(2) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if: (a) at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; and (b) at the test time, the person has a Part 3B payment nominee; and (c) at the test time, the Part 3B payment nominee is subject to the income management regime under subsection (1).
123UCA Persons subject to the income management regime— vulnerable welfare payment recipients (1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if: (a) at the test time, the person is an eligible recipient of a category H welfare payment; and (b) at the test time, the person’s usual place of residence is within a State, a Territory or an area specified in an instrument under subsection (3); and (c) at the test time, the person is a vulnerable welfare payment recipient; and (d) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and (e) at the test time, the person is not subject to the income management regime under section 123UC, 123UD, 123UE, 123UF or 123UFAA.
Social Security (Administration) Act 1999 283 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 2 Persons subject to the income management regime Section 123UCB (2) If: (a) a person is subject to the income management regime under subsection (1); and (b) paragraph (1)(b) ceases to apply in relation to the person; and (c) at the time of that cessation, paragraphs (1)(a), (c), (d) and (e) apply in relation to the person; then the person remains subject to the income management regime under subsection (1) until paragraph (1)(a), (c), (d) or (e) ceases to apply in relation to the person.
(3) The Minister may, by legislative instrument, specify a State, a Territory or an area for the purposes of this section.
123UCB Persons subject to the income management regime— disengaged youth (1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if: (a) at the test time, the person is an eligible recipient of a category E welfare payment; and (b) at the test time, the person is at least 15 years of age and under 25 years of age; and (c) at the test time, the person’s usual place of residence is within a State, a Territory or an area specified in an instrument under subsection (4); and (d) at the test time, the person is not an exempt welfare payment recipient; and (e) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and (f) at the test time, the person is not subject to the income management regime under section 123UC, 123UCA, 123UD, 123UE, 123UF or 123UFAA; and (g) the person was an eligible recipient of a category E welfare payment for at least 13 weeks during the 26-week period ending immediately before the test time.
284 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Persons subject to the income management regime Division 2 Section 123UCC (2) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if: (a) at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; and (b) at the test time, the person has a Part 3B payment nominee; and (c) at the test time, the Part 3B payment nominee is subject to the income management regime under subsection (1).
(3) If: (a) a person is subject to the income management regime under subsection (1); and (b) paragraph (1)(c) ceases to apply in relation to the person; and (c) at the time of that cessation, paragraphs (1)(a), (b), (d), (e), and (f) apply in relation to the person; then the person remains subject to the income management regime under subsection (1) until the earlier of the following: (d) the time paragraph (1)(a), (b), (d), (e), or (f) ceases to apply in relation to the person; (e) the end of the period of 13 weeks beginning on the day that paragraph (1)(c) ceased to apply in relation to the person.
(4) The Minister may, by legislative instrument, specify a State, a Territory or an area for the purposes of this section.
123UCC Persons subject to the income management regime— long-term welfare payment recipients (1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if: (a) at the test time, the person is an eligible recipient of a category E welfare payment; and (b) at the test time, the person is at least 25 years of age but has not reached pension age; and Social Security (Administration) Act 1999 285 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 2 Persons subject to the income management regime Section 123UCC (c) at the test time, the person’s usual place of residence is within a State, a Territory or an area specified in an instrument under subsection (4); and (d) at the test time, the person is not an exempt welfare payment recipient; and (e) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and (f) at the test time, the person is not subject to the income management regime under section 123UC, 123UCA, 123UD, 123UE, 123UF or 123UFAA; and (g) the person was an eligible recipient of a category E welfare payment for at least 52 weeks during the 104-week period ending immediately before the test time.
(2) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if: (a) at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; and (b) at the test time, the person has a Part 3B payment nominee; and (c) at the test time, the Part 3B payment nominee is subject to the income management regime under subsection (1).
(3) If: (a) a person is subject to the income management regime under subsection (1); and (b) paragraph (1)(c) ceases to apply in relation to the person; and (c) at the time of that cessation, paragraphs (1)(a), (b), (d), (e), and (f) apply in relation to the person; then the person remains subject to the income management regime under subsection (1) until the earlier of the following: (d) the time paragraph (1)(a), (b), (d), (e), or (f) ceases to apply in relation to the person; 286 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Persons subject to the income management regime Division 2 Section 123UD (e) the end of the period of 13 weeks beginning on the day that paragraph (1)(c) ceased to apply in relation to the person.
(4) The Minister may, by legislative instrument, specify a State, a Territory or an area for the purposes of this section.
123UD Persons subject to the income management regime—school enrolment (1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if: (a) at the test time, the person, or the person’s partner, is an eligible recipient of a category H welfare payment; and (b) at the test time, the person, or the person’s partner, has an eligible care child; and (c) under a law of a State or Territory, the eligible care child is required to be enrolled at school; and (d) the Secretary is satisfied that it is appropriate for the eligible care child to be enrolled at: (i) a primary school in a declared primary school area; or (ii) a secondary school in a declared secondary school area; and (e) at the test time, the eligible care child is not enrolled at: (i) if subparagraph (d)(i) applies—a primary school in the declared primary school area; or (ii) if subparagraph (d)(ii) applies—a secondary school in the declared secondary school area; and (f) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and (g) at the test time, the person is not subject to the income management regime under section 123UC or 123UF; and (h) at the test time, a determination under subsection (2) is not in force in relation to the person; and Social Security (Administration) Act 1999 287 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 2 Persons subject to the income management regime Section 123UD (i) such other conditions (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph are satisfied.
(2) The Secretary may, by writing, determine that a person is exempt from subsection (1).

(3) In making a determination under subsection (2), the Secretary must comply with any principles set out in a legislative instrument made by the Minister for the purposes of this subsection.
(4) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if: (a) at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; and (b) at the test time, the person has a Part 3B payment nominee; and (c) at the test time, the Part 3B payment nominee is subject to the income management regime under subsection (1).
Documentary evidence (5) If a person, or the person’s partner, has an eligible care child, the Secretary may, by written notice given to the person, request the person to give the Secretary, within a period (the compliance period) specified in the notice, documentary evidence of the eligible care child’s enrolment at a school during a specified applicable school period.

(6) A notice under subsection (5) must set out the effect of subsection (9).
(7) The compliance period specified in a notice under subsection (5) must not be shorter than 7 days.

(8) The Secretary may extend the compliance period specified in a notice under subsection (5).
288 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Persons subject to the income management regime Division 2 Section 123UE (9) If: (a) a person is given a notice under subsection (5); and (b) the person does not comply with the notice; the Secretary may determine that subsection (1) has effect as if the eligible care child was not enrolled at any school at any time during the applicable school period specified in the notice.
(10) This Part does not prevent a notice from being characterised as: (a) a notice under subsection (5); and (b) a notice under another provision of a law of the Commonwealth.
123UE Persons subject to the income management regime—school attendance (1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if: (a) at the test time, the person, or the person’s partner, is an eligible recipient of a category H welfare payment; and (b) at the test time, an unsatisfactory school attendance situation exists in relation to a child; and (c) throughout a period that ended before the unsatisfactory school attendance situation came into existence, the child was an eligible care child of: (i) the person; or (ii) the person’s partner; and (d) at the test time, the child is enrolled at a school; and (e) if the school is a primary school—at the test time, the school is in a declared primary school area; and (f) if the school is a secondary school—at the test time, the school is in a declared secondary school area; and (g) before the test time, the person, or the person’s partner, had been given a formal warning under section 123UL; and (h) the whole or a part of an applicable school period in relation to the child occurred in the period: Social Security (Administration) Act 1999 289 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 2 Persons subject to the income management regime Section 123UF (i) beginning when the formal warning was given; and (ii) ending at the test time; and (i) if, at the test time, the person has a Part 3B payment nominee—the Part 3B
 payment nominee is not an excluded Part 3B payment nominee; and (j) at the test time, the person is not subject to the income management regime under section 123UC or 123UF; and (k) at the test time, a determination under subsection (2) is not in force in relation to the person; and (l) such other conditions (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph are satisfied.
(2) The Secretary may, by writing, determine that a person is exempt from subsection (1).

(3) In making a determination under subsection (2), the Secretary must comply with any principles set out in a legislative instrument made by the Minister for the purposes of this subsection.
(4) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if: (a) at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; and (b) at the test time, the person has a Part 3B payment nominee; and (c) at the test time, the Part 3B payment nominee is subject to the income management regime under subsection (1).
123UF Persons subject to the income management regime— Queensland Commission (1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if: 290 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Persons subject to the income management regime Division 2 Section 123UF (a) at the test time, the person, or the person’s partner, is an eligible recipient of a category P welfare payment; and (b) before the test time, the Queensland Commission gave the Secretary a written notice requiring that the person be subject to the income management regime under this section; and (c) the notice was given under a law of Queensland; and (d) the notice was not given in such circumstances (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph; and (e) at the test time, the notice had not been withdrawn or revoked; and (f) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and (g) the test time occurs before 1 January 2022.
(2) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if: (a) at the test time, neither the person, nor the person’s partner, is an eligible recipient of a category P welfare payment; and (b) at the test time, the person, or the person’s partner, is an eligible recipient of a category R welfare payment; and (c) before the test time, the Queensland Commission gave the Secretary a written notice requiring that the person be subject to the income management regime under this section; and (d) the notice was given under a law of Queensland; and (e) the notice was not given in such circumstances (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph; and (f) at the test time, the notice had not been withdrawn or revoked; and (g) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and (h) the test time occurs before 1 January 2022.
Social Security (Administration) Act 1999 291 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 2 Persons subject to the income management regime Section 123UF (3) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if: (a) at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; and (b) at the test time, the person has a Part 3B payment nominee; and (c) at the test time, the Part 3B payment nominee is subject to the income management regime under subsection (1) or (2).
Relationship with Part 3D (4) If a person becomes a program participant under section 124PGD on a day (the trigger day), the following apply: (a) despite any other provision of this Part, the Secretary may, on a day (the transfer day) before the end of 60 days beginning on the trigger day, pay, to the credit of a welfare restricted bank account (within the meaning of Part 3D) maintained by the person, an amount equal to the credit balance (if any) of the person’s income management account as at the end of the day before the transfer day; (b) immediately after any such payment: (i) the Income Management Record is debited by an amount equal to the payment; and (ii) the person’s income management account is debited by an amount equal to the payment; (c) if the person is subject to the income management regime under subsection (1) on the day before the trigger day—the person ceases to be subject to the income management regime under subsection (1) on the trigger day.
292 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Persons subject to the income management regime Division 2 Section 123UFAA 123UFAA Persons subject to the income management regime— other State/Territory referrals (1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if: (a) at the test time, the person, or the person’s partner, is an eligible recipient of a category H welfare payment; and (b) before the test time, an officer or employee of a recognised State/Territory authority gave the Secretary a written notice requiring that the person be subject to the income management regime under this section; and (c) the notice was given: (i) under a law (whether written or unwritten) in force in a State or Territory (other than a law of the Commonwealth); or (ii) in the exercise of the executive power of a State or Territory; and (d) at the test time, the notice had not been withdrawn or revoked; and (e) at the test time, the State or Territory is a recognised State or Territory; and (f) if, at the test time, the person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and (g) at the test time, the person is not subject to the income management regime under section 123UC, 123UD, 123UE or 123UF.
(2) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if: (a) at the test time, the person is not subject to the income management regime under any other provision of this Subdivision; and (b) at the test time, the person has a Part 3B payment nominee; and Social Security (Administration) Act 1999 293 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 2 Persons subject to the income management regime Section 123UFA (c) at the test time, the Part 3B payment nominee is subject to the income management regime under subsection (1).
123UFA Persons subject to the income management regime— voluntary income management agreement For the purposes of this Part, a person is subject to the income management regime at a particular time if, at that time, a voluntary income management agreement is in force in relation to the person.
Subdivision BA—Additional provisions relating to vulnerable welfare payment recipients 123UGA Vulnerable welfare payment recipients Determination by Secretary (1) The Secretary may, by writing, determine that a person is a vulnerable welfare payment recipient for the purposes of this Part.

(2) In making a determination under subsection (1), the Secretary must comply with any decision-making principles set out in a legislative instrument made by the Minister for the purposes of this subsection.
Duration of determination (3) A determination made under subsection (1): (a) comes into force: (i) on the day on which it is made; or (ii) if a later day is specified in the determination—on that later day; and (b) remains in force (unless earlier revoked): (i) for 12 months; or (ii) if a shorter period is specified in the determination—for that shorter period.
294 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Persons subject to the income management regime Division 2 Section 123UGA New determinations (4) If a determination made under subsection (1) is, or has been, in force in relation to a person, subsection (3) does not prevent the Secretary from making a new determination under subsection (1) in relation to that person.
Variation and revocation (5) The Secretary may, by writing, vary or revoke a determination made under subsection (1): (a) on his or her own initiative; or (b) on request made under subsection (8).

(6) In deciding whether to vary or revoke a determination made under subsection (1), the Secretary must comply with any decision-making principles set out in an instrument made for the purposes of subsection (2).
(7) Subsection (5) does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 to other instruments under this Act.

Request to reconsider circumstances (8) Subject to subsection (9), if a determination made under subsection (1) is in force in relation to a person, the person may request the Secretary to: (a) reconsider the person’s circumstances; and (b) vary, or revoke, the determination.
(9) A person must not make a request under subsection (8) in relation to a determination if, at any time during the preceding period of 90 days, the person has made a request under that subsection in relation to the same determination.

(10) If a person makes a request under subsection (8), the Secretary must reconsider the person’s circumstances unless the request was made in contravention of subsection (9).
Social Security (Administration) Act 1999 295 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 2 Persons subject to the income management regime Section 123UGB Determination not a legislative instrument (11) A determination made under subsection (1) is not a legislative instrument.
Subdivision BB—Additional provisions relating to disengaged youth and long-term welfare payment recipients 123UGB Exempt welfare payment recipient—inclusion in specified class (1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient if the Secretary is satisfied that the person is included in a class of persons specified in an instrument made by the Minister under subsection (2).
(2) The Minister may, by legislative instrument, specify a class of persons to be exempt welfare payment recipients for the purposes of this section.

(3) A determination made by the Secretary under subsection (1) is not a legislative instrument.
123UGC Exempt welfare payment recipient—person is not the principal carer of a child (1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient at a particular time (the test time) if: (a) at the test time, the person is not the principal carer of a child who is a school age child or younger; and (b) the Secretary is satisfied that one of the following applies: (i) the person is a full-time student or a new apprentice at the test time; (ii) within at least 4 of the last 6 fortnights before the test time, the person has received less than 25% of the maximum basic rate of youth allowance, jobseeker 296 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Persons subject to the income management regime Division 2 Section 123UGD payment, pension PP (single) or benefit (PP) partnered (other than because a compliance penalty period applied to the person); (iia) within at least 4 of the last 6 fortnights before the test time, the person has received less than 25% of the equivalent rate of special benefit (other than because a compliance penalty period applied to the person); (iii) at the test time, the person is undertaking an activity specified in an instrument made by the Minister under subsection (2).
(2) The Minister may, by legislative instrument, specify activities for the purpose of subparagraph (1)(b)(iii).

The activities may be specified by reference to a class of persons undertaking the activities.

(3) A determination made by the Secretary under subsection (1) is not a legislative instrument.
123UGD Exempt welfare payment recipient—person is the principal carer of a child (1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient at a particular time (the test time) if: (a) at the test time, the person is the principal carer of a child who is a school age child or younger; and (b) in relation to each child who is a school age child—the Secretary is satisfied that: (i) at the test time, the child is enrolled at a school, and, in each of the 2 school terms ending immediately before that time, the child has had no more than 5 absences for reasons that are not satisfactory to a person responsible for the operation of the school; or (ia) at the test time, the child is enrolled at a school, and, in each of the 2 school terms ending immediately before that time, the child has had more than 5 absences for Social Security (Administration) Act 1999 297 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 2 Persons subject to the income management regime Section 123UGD reasons that are not satisfactory to a person responsible for the operation of the school but the person is taking reasonable steps to ensure that the child attends school as required by the law of the State or Territory concerned; or (ii) at the test time, the child is covered by a schooling arrangement that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to enrol at, or attend, a
 school (for example, the child is home-schooled), and the child’s schooling is progressing satisfactorily; or (iii) at the test time, the child is participating in an activity specified in an instrument made by the Minister under subsection (2); and (c) in relation to each other child—the Secretary is satisfied that, at the test time, the person or the child is participating in the required number and kind of activities specified in an instrument made by the Minister under subsection (3); and (d) the Secretary is satisfied that there were no indications of financial vulnerability in relation to the person during the 12-month period ending immediately before the test time.
Note: In deciding whether he or she is satisfied as mentioned in paragraph (1)(d), the Secretary must comply with decision-making principles: see subsection (5).

Alternative activities for school age children (2) The Minister may, by legislative instrument, specify activities for the purpose of subparagraph (1)(b)(iii).
Activities relating to children (other than school age children) (3) The Minister must, by legislative instrument, specify the number and kind of activities that a person, or the person’s child (other than a school age child), may participate in for the purposes of paragraph (1)(c).
298 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Persons subject to the income management regime Division 2 Section 123UGF (4) The activities that may be specified under subsection (3) may relate to a child’s intellectual, physical or social development.
Decision-making principles relating to financial vulnerability (5) In deciding whether he or she is satisfied as mentioned in paragraph (1)(d), the Secretary must comply with any decision-making principles set out in a legislative instrument made by the Minister for the purposes of this subsection.

Determination not a legislative instrument (6) A determination made by the Secretary under subsection (1) is not a legislative instrument.
Definitions (7) In this section: person responsible, for the operation of a school, has the same meaning as in Part 3C.

123UGF Full-time student A person is a full-time student for the purposes of this Part if the person: (a) is an eligible recipient of youth allowance; and (b) is undertaking full-time study (as defined by section 541B of the 1991 Act).
123UGG School age child (1) For the purposes of this Part, a child is a school age child if the child is required, under a law of a State or Territory: (a) to be enrolled at a school; or (b) to attend a school at times required under that law.
(2) For the purposes of this section: Social Security (Administration) Act 1999 299 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 2 Persons subject to the income management regime Section 123UH attendance, at a school, includes attendance at a place, for the purpose of schooling, that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to attend a school.
enrolment, at a school, includes anything, for the purposes of schooling, that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to enrol at a school.
Subdivision C—Additional provisions relating to school enrolment and attendance 123UH Eligible care child For the purposes of this Part, a person (the first person) is an eligible care child of another person at a particular time if, and only if: (a) at the particular time, the first person is a child for whom the other person is the principal carer; or (b) all of the following conditions are satisfied: (i) that time occurs during an eligible care period; (ii) under a family law order, registered parenting plan or parenting plan that is in force during the eligible care period, the first person is supposed to live or spend time with the other person; (iii) assuming the family law order, registered parenting plan or parenting plan were complied with during the eligible care period, the first person would have been in the other person’s care for at least 14% of that period.
123UI Applicable school period (1) For the purposes of this Part, an applicable school period in relation to a child is a period ascertained in accordance with a legislative instrument made by the Minister for the purposes of this subsection.
300 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Persons subject to the income management regime Division 2 Section 123UJ (2) A period ascertained under subsection (1) may be a recurring period.

(3) A period may be ascertained under subsection (1) by reference to a term of the school attended by the child.
(4) For the purposes of this Part, it is immaterial whether an applicable school period begins before or after the commencement of this section.

123UJ Eligible care period (1) For the purposes of this Part, an eligible care period is a period ascertained in accordance with a legislative instrument made by the Minister for the purposes of this subsection.

(2) A period ascertained under subsection (1) may be a recurring period (for example, a fortnight).
(3) For the purposes of this Part, it is immaterial whether an eligible care period begins before or after the commencement of this section.

123UK Unsatisfactory school attendance situation (1) For the purposes of this Part, the question whether an unsatisfactory school attendance situation exists, or has existed, in relation to a child is to be ascertained in accordance with a legislative instrument made by the Minister for the purposes of this subsection.
(2) However, an unsatisfactory school attendance situation does not exist in relation to a child if the child is not required, under a law of a State or Territory, to attend school in a State or Territory.

(3) For the purposes of this Part, it is immaterial whether an unsatisfactory school attendance situation exists or has existed before or after the commencement of this section.
Social Security (Administration) Act 1999 301 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 2 Persons subject to the income management regime Section 123UL 123UL Formal warning—unsatisfactory school attendance situation If: (a) a person is not subject to the income management regime under section 123UE; and (b) the person, or the person’s partner, has an eligible care child; and (c) an unsatisfactory school attendance situation exists, or has existed, in relation to the eligible care child; the Secretary may give the person a formal warning that the person, or the person’s partner, could become subject to the income management regime under section 123UE if an unsatisfactory school attendance situation exists in relation to the eligible care child.
Subdivision D—Voluntary income management agreements 123UM Voluntary income management agreement (1) A person may enter into a written agreement with the Secretary under which the person agrees voluntarily to be subject to the income management regime throughout the period when the agreement is in force.

(2) An agreement under subsection (1) is to be known as a voluntary income management agreement.
(3) The Secretary must not enter into a voluntary income management agreement with a person (the first person) unless: (a) the first person is an eligible recipient of a category H welfare payment; and (b) the first person’s usual place of residence is within a declared voluntary income management area; and (c) if the first person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee.
302 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Persons subject to the income management regime Division 2 Section 123UN (4) In deciding whether to enter into a voluntary income management agreement with a person, the Secretary must have regard to: (a) the extent to which it would be feasible for the Secretary to take action under Division 6 in relation to the person if the person were subject to the income management regime; and (b) such other matters (if any) as the Secretary considers relevant.
(5) The Secretary must not enter into a voluntary income management agreement with a person if: (a) the person is subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF or 123UFAA; or (b) during the 12-month period ending when the voluntary income management agreement is to come into force, there were 4 occasions on which previous voluntary income management agreements relating to the person were terminated under subsection 123UO(2).
123UN Duration of voluntary income management agreement (1) A voluntary income management agreement in relation to a person (the first person): (a) comes into force at the time specified in the agreement, so long as: (i) at that time, the first person is an eligible recipient of a category H welfare payment; and (ii) at that time, the first person’s usual place of residence is within a declared voluntary income management area; and (iii) if, at that time, the first person has a Part 3B payment nominee—the Part 3B payment nominee is not an excluded Part 3B payment nominee; and (v) at that time, the first person is not subject to the income management regime under section 123UC, 123UCA, Social Security (Administration) Act 1999 303 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 2 Persons subject to the income management regime Section 123UO 123UCB, 123UCC, 123UD, 123UE, 123UF or 123UFAA; and (b) remains in force until: (i) it is terminated under section 123UO; or (ii) if the agreement specifies a period (which must be at least 13 weeks) during which it is to remain in force, and the agreement has not been terminated under section 123UO before the end of that period—the end of that period.
(3) If a voluntary income management agreement (the original agreement) in relation to a person is in force, subsection (1) does not prevent the Secretary from entering into a new voluntary income management agreement with the person, so long as the new agreement is expressed to come into force immediately after the original agreement ceases to be in force.
(4) If a voluntary income management agreement in relation to a person has ceased to be in force, subsection (1) does not prevent the Secretary from entering into a new voluntary income management agreement with the person.

123UO Termination of voluntary income management agreement Termination by request (1) If a voluntary income management agreement relates to a person, the person may, by written notice given to the Secretary, request the Secretary to terminate the agreement.
(1A) However, a person must not make a request under subsection (1) unless the voluntary income management agreement to which the request relates has been in force for at least 13 weeks.
(2) The Secretary must comply with a request under subsection (1) as soon as practicable after receiving the request, unless the request relates to a voluntary income management agreement that, on the 304 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Persons subject to the income management regime Division 2 Section 123UO day the request is received, has not been in force for at least 13 weeks.
Grounds of termination (3) If: (a) a voluntary income management agreement in relation to a person (the first person) is in force; and (b) any of the following events occurs: (i) the first person ceases to be an eligible recipient of a category H welfare payment; (iii) in a case where the first person has a Part 3B payment nominee—the Part 3B payment nominee becomes an excluded Part 3B payment nominee; (v) the first person becomes subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF or 123UFAA; (vi) the Secretary becomes satisfied that it is not feasible for the Secretary to take action under Division 6 in relation to the first person; the Secretary must terminate the voluntary income management agreement as soon as practicable after the occurrence of the event.
(3A) If: (a) a voluntary income management agreement in relation to a person is in force; and (b) the person’s usual place of residence is within the Northern Territory; the Secretary may, by written notice given to the person, terminate the agreement.

The termination takes effect on a day specified in the notice (which must not be earlier than the day on which the notice is given).
Social Security (Administration) Act 1999 305 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 2 Persons subject to the income management regime Section 123UP Limit on new voluntary income management agreements (4) If a voluntary income management agreement in relation to a person is terminated under this section, the Secretary must not enter into another voluntary income management agreement with the person within 21 days after the termination.
Subdivision E—Relationship with Part 3D for Northern Territory program participants 123UP Relationship with Part 3D for Northern Territory program participants (1) This section applies if a person becomes a program participant under section 124PGE on a day (the trigger day).
(2) Despite any other provision of this Part, the Secretary may, on a day (the transfer day) before the end of 60 days beginning on the trigger day, pay, to the credit of a welfare restricted bank account (within the meaning of Part 3D) maintained by the person, an amount equal to the credit balance (if any) of the person’s income management account as at the end of the day before the transfer day.
(3) Immediately after any such payment: (a) the Income Management Record is debited by an amount equal to the payment; and (b) the person’s income management account is debited by an amount equal to the payment.

(4) Subject to subsection (5) and despite any other provision of this Part, the person is not subject to the income management regime under any provision of this Part on or after the trigger day and before 1 January 2023.
(5) Subsection (4) does not apply in relation to the person and a day if: (a) the person is not a program participant under section 124PGE on that day; and 306 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Persons subject to the income management regime Division 2 Section 123UP (b) the person’s usual place of residence is not within the Northern Territory on that day.
Social Security (Administration) Act 1999 307 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 3 Establishment of the Income Management Record Section 123VA Division 3—Establishment of the Income Management Record 123VA Establishment of the Income Management Record The Income Management Record is established by this section.
123VC Bank account Amounts standing to the credit of the Income Management Record may be kept in a single bank account.
308 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Income management accounts Division 4 Section 123WA Division 4—Income management accounts Subdivision A—Income management accounts 123WA Income management accounts Income management accounts to be kept (1) Separate notional accounts are to be kept within the Income Management Record in the names of particular persons.
Person’s income management account (2) An account kept in the name of a person is to be known as the person’s income management account.

Note: Section 123TC provides that income management account means a notional account kept in accordance with this section.

Amounts not held on trust (3) An amount standing to the credit of a person’s income management account is not held on trust.
123WB Opening of income management accounts Power (1) The Secretary may open an income management account in the name of a particular person.

(2) The Secretary may open the income management account even if the person is not subject to the income management regime.
Duty (3) The Secretary must open an income management account in the name of a particular person if: Social Security (Administration) Act 1999 309 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 4 Income management accounts Section 123WC (a) the person does not already have an income management account; and (b) the person is subject to the income management regime.
123WC Closing of income management accounts The Secretary may close a person’s income management account if the balance of the income management account is nil, and: (a) the person is not subject to the income management regime; or (b) the person has died.

123WD Income management accounts may have a nil balance Nil balance (1) A person’s income management account may have a nil balance.
Examples (2) The following are examples of cases where an income management account might have a nil balance: (a) no amount has been credited to the income management account; (b) the balance of the income management account has been debited under section 123WJ; (c) the balance of the income management account has been debited under section 123WL; (d) the balance of the income management account has been debited under Division 6.
123WE One income management account per person Only one income management account (1) Only one income management account may be kept in respect of a particular person.

310 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Income management accounts Division 4 Section 123WF (2) A contravention of subsection (1) does not affect the validity of an income management account.
Amalgamation (3) If the Secretary becomes aware that 2 or more income management accounts are being kept in respect of the same person, the Secretary must amalgamate the accounts into a single account.

123WF Credits to, and debits from, a person’s income management account An amount must not be credited to, or debited from, a person’s income management account except as provided by this Part.

Subdivision B—Account statements 123WG Internet and telephone access to account statements etc.
Scope (1) This section applies if an income management account is kept in the name of a person.

Internet and telephone access to account statements etc.
(2) The Secretary may issue the person with a means of identification (for example, a personal identification number) that enables the person to do either or both of the following: (a) to access on the internet electronic versions of account statements for the person’s income management account; (b) to be told the balance of the person’s income management account using an automated telephone answering system.
Social Security (Administration) Act 1999 311 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 4 Income management accounts Section 123WH 123WH Person may request account statements Scope (1) This section applies if an income management account is kept in the name of a person.

Account statement may be requested (2) The person may request the Secretary to give the person a written account statement for the income management account.
(3) The Secretary must comply with the request.

(4) However, the Secretary may refuse to comply with the request if the person has made a previous request at any time during the preceding period of 30 days.

123WI Account statements to be given Scope (1) This section applies if an income management account is kept in the name of a person.

Account statement to be given (2) At least once each quarter, the Secretary must give the person a written account statement for the income management account.
(3) However, the Secretary is not required to give the person a written account statement relating to a particular period unless: (a) an amount has been credited to, or debited from, the income management account during that period; or (b) the income management account has a credit balance as at the end of that period.
312 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Income management accounts Division 4 Section 123WJ Subdivision C—Miscellaneous 123WJ Payment of credit balances of income management accounts—person ceases to be subject to the income management regime Scope (1) This section applies if: (a) at a particular time, a person (the first person) ceases to be subject to the income management regime; and (b) the first person’s income management account has a credit balance at that time; and (c) if, immediately before the first person ceased to be subject to the income management regime, the first person was subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF or 123UFAA—the Secretary is satisfied that the first person is not likely to become subject to the income management regime within 60 days after the cessation; and (d) if, immediately before the first person ceased to be subject to the income management regime, the first person was subject to the income management regime under section 123UFA— the Secretary is satisfied that the first person is not likely to become subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF or 123UFAA within 60 days after the cessation.
Residual amount (2) For the purposes of this section, the residual amount is an amount equal to the credit balance of the first person’s income management account.

(3) The residual amount is payable to the first person in accordance with this section.
Social Security (Administration) Act 1999 313 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 4 Income management accounts Section 123WJ Payment by instalments (4) The Secretary may determine that the whole or a part of the residual amount is to be paid to the first person by instalments.

The instalments are to be paid on the days specified in a determination made by the Secretary.
(5) The days specified in the determination must occur within the 12-month period beginning when the person ceased to be subject to the income management regime.

(6) If an instalment is paid under subsection (4): (a) the Income Management Record is debited by an amount equal to the amount of the instalment; and (b) the first person’s income management account is debited by an amount equal to the amount of the instalment.
Lump sum payment (7) The Secretary may determine that the whole or a part of the residual amount is to be paid to the first person as a single lump sum on a day determined by the Secretary.

(8) The day specified in the determination must occur within the 12-month period beginning when the person ceased to be subject to the income management regime.
(9) The Secretary must not make a determination under subsection (7) unless: (a) the lump sum is $200 or less; or (b) the Secretary is satisfied that there are special circumstances that warrant the making of the determination; or (c) immediately before the first person ceased to be subject to the income management regime, the first person was subject to the income management regime under section 123UFA.
(10) If a lump sum is paid under subsection (7): 314 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Income management accounts Division 4 Section 123WJ (a) the Income Management Record is debited by an amount equal to the lump sum; and (b) the first person’s income management account is debited by an amount equal to the lump sum.
Expense payment (11) The Secretary may, on behalf of the Commonwealth: (a) make a payment in discharge, in whole or in part, of an obligation of the first person to pay an amount to a third person; or (b) make a payment in discharge, in whole or in part, of an obligation of a third person to pay an amount to a fourth person; so long as: (c) the payment is made with the consent of the first person; and (d) the amount paid by the Secretary does not exceed the residual amount.
(12) The payment under subsection (11) must occur within the 12-month period beginning when the person ceased to be subject to the income management regime.
(13) If the Secretary makes a payment under subsection (11): (a) the Income Management Record is debited by an amount equal to the amount paid under subsection (11); and (b) the first person’s income management account is debited by an amount equal to the amount paid under subsection (11); and (c) the Secretary is taken to have paid the first person so much of the residual amount as equals the amount paid under subsection (11).
Set-off (14) If the first person owes an amount (the debt amount) to the Commonwealth, the Secretary may, with the consent of the first Social Security (Administration) Act 1999 315 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 4 Income management accounts Section 123WJA person, set off the whole or part of the residual amount against the whole or a part of the debt amount.
(15) The set-off under subsection (14) must occur within the 12-month period beginning when the person ceased to be subject to the income management regime.
(16) If the Secretary sets off an amount under subsection (14): (a) the Income Management Record is debited by an amount equal to the amount set off; and (b) the first person’s income management account is debited by an amount equal to the amount set off; and (c) the Secretary is taken to have paid the first person so much of the residual amount as equals the amount set off.

(16A) Subsection (14) is not limited by Chapter 5 of the 1991 Act also applying in relation to the debt amount.
Tax consequences (17) If a payment is made under subsection (4), (7) or (11), the payment does not have consequences under the income tax law for the first person.

(18) If the Secretary sets off an amount under subsection (14), the set-off does not have consequences under the income tax law for the first person.

Interpretation (19) This section is subject to section 123WJA.
123WJA Ceasing payment of credit balances of income management accounts—person becomes subject to the income management regime again (1) This section applies if: 316 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Income management accounts Division 4 Section 123WK (a) at a particular time, a person ceases to be subject to the income management regime; and (b) at the time referred to in paragraph (a), there is a residual amount in relation to the person; and (c) at any time after the cessation, the person becomes subject to the income management regime again; and (d) at the time referred to in paragraph (c), the whole or a part of the residual amount has not been paid to the person in accordance with section 123WJ.
(2) The Secretary may determine that section 123WJ ceases to apply in relation to: (a) the whole of the residual amount; or (b) a part of the residual amount specified in the determination.

The determination has effect accordingly.

(3) In this section: residual amount has the same meaning as in subsection 123WJ(2).

123WK Payment into bank account etc.


of credit balances of income management accounts—person ceases to be subject to the income management regime Scope (1) This section applies to an amount that is to be paid to a person as: (a) an instalment under subsection 123WJ(4); or (b) a lump sum under subsection 123WJ(7).

Payment into bank account etc.

(2) The amount is to be paid to the credit of a bank account kept by the person.
(3) The bank account may be kept by the person either alone or jointly or in common with another person.

Social Security (Administration) Act 1999 317 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 4 Income management accounts Section 123WL (4) 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).
(5) If the Secretary gives a direction under subsection (4), the amount is to be paid in accordance with the direction.

123WL Payment of credit balances of income management accounts—person dies Scope (1) This section applies if: (a) an income management account is kept in the name of a person; and (b) the person dies; and (c) at the time of the person’s death, the person’s income management account has a credit balance.
Residual amount (2) For the purposes of this section, the residual amount is an amount equal to the credit balance of the person’s income management account.
Payment of residual amount (3) The residual amount is to be paid in one or more of the following ways (as determined by the Secretary): (a) to the legal personal representative of the person; (b) to one or more other persons whom the Secretary is satisfied have carried out, are carrying out, or will carry out, an appropriate activity in relation to the estate or affairs of the person; (c) to the credit of a bank account nominated by the person for the purposes of subsection 55(2).
318 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Income management accounts Division 4 Section 123WM An amount that is to be paid under this subsection is to be paid as a lump sum on a day determined by the Secretary.

(3A) A person may be paid more than one amount under subsection (3).
(5) If a lump sum is paid under subsection (3): (a) the Income Management Record is debited by an amount equal to the lump sum; and (b) the person’s income management account is debited by an amount equal to the lump sum.

Tax consequences (6) If a payment is made under subsection (3), the payment does not have consequences under the income tax law for the person’s estate.

123WM Payment into bank account etc.


of credit balances of income management accounts—person dies Scope (1) This section applies to an amount that is to be paid to a person under paragraph 123WL(3)(a) or (b).

Payment into bank account etc.

(2) The amount is to be paid to the credit of a bank account kept by the person.

(3) The bank account may be kept by the person either alone or jointly or in common with another person.
(4) The Secretary may direct that the whole or a part of the amount be paid to the person in a different way from that provided for by subsection (2).

(5) If the Secretary gives a direction under subsection (4), the amount is to be paid in accordance with the direction.
Social Security (Administration) Act 1999 319 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 4 Income management accounts Section 123WN 123WN Crediting of amounts to income management accounts— Ministerial rules The Minister may, by legislative instrument, make rules providing that an amount ascertained in accordance with the rules is to be credited to: (a) the Income Management Record; and (b) a person’s income management account; in the circumstances specified in the rules.
320 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Deductions from welfare payments Division 5 Section 123XI Division 5—Deductions from welfare payments Subdivision B—Child protection 123XI Deductions from category I welfare payments—instalments Scope (1) This section applies if: (a) a person is subject to the income management regime under section 123UC; and (b) an instalment of a category I welfare payment is payable to the person.
Deductions from category I welfare payments—instalments (2) The following provisions have effect: (a) the Secretary must deduct from the instalment of the category I welfare payment the deductible portion of the instalment; (b) an amount equal to the deductible portion of the instalment is credited to the Income Management Record; (c) an amount equal to the deductible portion of the instalment is credited to the person’s income management account.
Deductible portion (3) For the purposes of subsection (2), the deductible portion of an instalment of a category I welfare payment is: (a) 100%; or (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage; of the net amount of the instalment (rounded down to the nearest cent).

(4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments.
Social Security (Administration) Act 1999 321 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 5 Deductions from welfare payments Section 123XJ 123XJ Deductions from category I welfare payments—lump sums Scope (1) This section applies if: (a) a person is subject to the income management regime under section 123UC; and (b) a category I welfare payment is payable to the person otherwise than by instalments.
Deductions from category I welfare payments—lump sums (2) The following provisions have effect: (a) the Secretary must deduct from the category I welfare payment the deductible portion of the payment; (b) an amount equal to the deductible portion of the payment is credited to the Income Management Record; (c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.
Deductible portion (3) For the purposes of subsection (2), the deductible portion of a category I welfare payment is: (a) 100%; or (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage; of the net amount of the payment (rounded down to the nearest cent).

(4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments.
322 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Deductions from welfare payments Division 5 Section 123XJA Subdivision BA—Vulnerable welfare payment recipients 123XJA Deductions from category I welfare payments—instalments Scope (1) This section applies if: (a) a person is subject to the income management regime under section 123UCA; and (b) an instalment of category I welfare payment is payable to the person.
Deductions from category I welfare payments—instalments (2) The following provisions have effect: (a) the Secretary must deduct from the instalment of the category I welfare payment the deductible portion of the instalment; (b) an amount equal to the deductible portion of the instalment is credited to the Income Management Record; (c) an amount equal to the deductible portion of the instalment is credited to the person’s income management account.
Deductible portion (4) For the purposes of subsection (2), the deductible portion of an instalment of a category I welfare payment is: (a) 50%; or (b) if another percentage (not exceeding 100%) is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the other percentage; of the net amount of the instalment (rounded down to the nearest cent).
(5) An instrument under paragraph (4)(b) may specify different percentages in relation to different category I welfare payments.
Social Security (Administration) Act 1999 323 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 5 Deductions from welfare payments Section 123XJB (6) An instrument under paragraph (4)(b) may specify a percentage that is higher than 50% only if the Minister considers the higher percentage is necessary to promote the objects of this Part.
123XJB Deductions from category I welfare payments—lump sums Scope (1) This section applies if: (a) a person is subject to the income management regime under section 123UCA; and (b) a category I welfare payment is payable to the person otherwise than by instalments.
Deductions from category I welfare payments—lump sums (2) The following provisions have effect: (a) the Secretary must deduct from the category I welfare payment the deductible portion of the payment; (b) an amount equal to the deductible portion of the payment is credited to the Income Management Record; (c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.
Deductible portion (3) For the purposes of subsection (2), the deductible portion of a category I welfare payment is: (a) 100%; or (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage; of the net amount of the instalment (rounded down to the nearest cent).

(4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments.
324 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Deductions from welfare payments Division 5 Section 123XJC Subdivision BB—Disengaged youth and long-term welfare payment recipients 123XJC Deductions from category I welfare payments—instalments Scope (1) This section applies if: (a) a person is subject to the income management regime under section 123UCB or 123UCC; and (b) an instalment of category I welfare payment is payable to the person.
Deductions from category I welfare payments—instalments (2) The following provisions have effect: (a) the Secretary must deduct from the instalment of the category I welfare payment the deductible portion of the instalment; (b) an amount equal to the deductible portion of the instalment is credited to the Income Management Record; (c) an amount equal to the deductible portion of the instalment is credited to the person’s income management account.
Deductible portion (4) For the purposes of subsection (2), the deductible portion of an instalment of a category I welfare payment is: (a) 50%; or (b) if another percentage (not exceeding 100%) is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the other percentage; of the net amount of the instalment (rounded down to the nearest cent).
(5) An instrument under paragraph (4)(b) may specify different percentages in relation to different category I welfare payments.
Social Security (Administration) Act 1999 325 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 5 Deductions from welfare payments Section 123XJD (6) An instrument under paragraph (4)(b) may specify a percentage that is higher than 50% only if the Minister considers the higher percentage is necessary to promote the objects of this Part.
123XJD Deductions from category I welfare payments—lump sums Scope (1) This section applies if: (a) a person is subject to the income management regime under section 123UCB or 123UCC; and (b) a category I welfare payment is payable to the person otherwise than by instalments.
Deductions from category I welfare payments—lump sums (2) The following provisions have effect: (a) the Secretary must deduct from the category I welfare payment the deductible portion of the payment; (b) an amount equal to the deductible portion of the payment is credited to the Income Management Record; (c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.
Deductible portion (3) For the purposes of subsection (2), the deductible portion of a category I welfare payment is: (a) 100%; or (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage; of the net amount of the instalment (rounded down to the nearest cent).

(4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments.
326 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Deductions from welfare payments Division 5 Section 123XK Subdivision C—School enrolment and attendance 123XK Deductions from category I welfare payments—instalments Scope (1) This section applies if: (a) a person is subject to the income management regime under section 123UD or 123UE; and (b) an instalment of a category I welfare payment is payable to the person.
Deductions from category I welfare payments—instalments (2) The following provisions have effect: (a) the Secretary must deduct from the instalment of the category I welfare payment the deductible portion of the instalment; (b) an amount equal to the deductible portion of the instalment is credited to the Income Management Record; (c) an amount equal to the deductible portion of the instalment is credited to the person’s income management account.
Deductible portion (3) For the purposes of subsection (2), the deductible portion of an instalment of a category I welfare payment is: (a) 100%; or (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage; of the net amount of the instalment (rounded down to the nearest cent).

(4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments.
Social Security (Administration) Act 1999 327 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 5 Deductions from welfare payments Section 123XL 123XL Deductions from category I welfare payments—lump sums Scope (1) This section applies if: (a) a person is subject to the income management regime under section 123UD or 123UE; and (b) a category I welfare payment is payable to the person otherwise than by instalments.
Deductions from category I welfare payments—lump sums (2) The following provisions have effect: (a) the Secretary must deduct from the category I welfare payment the deductible portion of the payment; (b) an amount equal to the deductible portion of the payment is credited to the Income Management Record; (c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.
Deductible portion (3) For the purposes of subsection (2), the deductible portion of a category I welfare payment is: (a) 100%; or (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage; of the net amount of the payment (rounded down to the nearest cent).

(4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments.
328 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Deductions from welfare payments Division 5 Section 123XM Subdivision D—Queensland Commission 123XM Deductions from category Q welfare payments—instalments Scope (1) This section applies if: (a) a person is subject to the income management regime under subsection 123UF(1) or (3); and (b) an instalment of a category Q welfare payment is payable to the person.
Deductions from category Q welfare payments—instalments (2) The following provisions have effect: (a) the Secretary must deduct from the instalment of the category Q welfare payment the deductible portion of the instalment; (b) an amount equal to the deductible portion of the instalment is credited to the Income Management Record; (c) an amount equal to the deductible portion of the instalment is credited to the person’s income management account.
Deductible portion (3) For the purposes of subsection (2), the deductible portion of an instalment of a category Q welfare payment is the percentage of the net amount of the instalment determined by the Secretary in relation to the instalment (rounded down to the nearest cent).

(4) The percentage specified in the determination must not exceed 100%.
123XN Deductions from category Q welfare payments—lump sums Scope (1) This section applies if: Social Security (Administration) Act 1999 329 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 5 Deductions from welfare payments Section 123XO (a) a person is subject to the income management regime under subsection 123UF(1) or (3); and (b) a category Q welfare payment is payable to the person otherwise than by instalments.
Deductions from category Q welfare payments—lump sums (2) The following provisions have effect: (a) the Secretary must deduct from the category Q welfare payment the deductible portion of the payment; (b) an amount equal to the deductible portion of the payment is credited to the Income Management Record; (c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.
Deductible portion (3) For the purposes of subsection (2), the deductible portion of a category Q welfare payment is the percentage of the net amount of the payment determined by the Secretary in relation to the payment (rounded down to the nearest cent).

(4) The percentage specified in the determination must not exceed 100%.
123XO Deductions from category S welfare payments—instalments Scope (1) This section applies if: (a) a person is subject to the income management regime under subsection 123UF(2); and (b) an instalment of a category S welfare payment is payable to the person.
Deductions from category S welfare payments—instalments (2) The following provisions have effect: 330 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Deductions from welfare payments Division 5 Section 123XP (a) the Secretary must deduct from the instalment of the category S welfare payment the deductible portion of the instalment; (b) an amount equal to the deductible portion of the instalment is credited to the Income Management Record; (c) an amount equal to the deductible portion of the instalment is credited to the person’s income management account.
Deductible portion (3) For the purposes of subsection (2), the deductible portion of an instalment of a category S welfare payment is the percentage of the net amount of the instalment determined by the Secretary in relation to the instalment (rounded down to the nearest cent).

(4) The percentage specified in the determination must not exceed 100%.
123XP Deductions from category S welfare payments—lump sums Scope (1) This section applies if: (a) a person is subject to the income management regime under subsection 123UF(2); and (b) a category S welfare payment is payable to the person otherwise than by instalments.
Deductions from category S welfare payments—lump sums (2) The following provisions have effect: (a) the Secretary must deduct from the category S welfare payment the deductible portion of the payment; (b) an amount equal to the deductible portion of the payment is credited to the Income Management Record; (c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.
Social Security (Administration) Act 1999 331 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 5 Deductions from welfare payments Section 123XPAA Deductible portion (3) For the purposes of subsection (2), the deductible portion of a category S welfare payment is the percentage of the net amount of the payment determined by the Secretary in relation to the payment (rounded down to the nearest cent).
(4) The percentage specified in the determination must not exceed 100%.

Subdivision DAA—Other State/Territory referrals 123XPAA Deductions from category I welfare payments— instalments Scope (1) This section applies if: (a) a person is subject to the income management regime under section 123UFAA; and (b) an instalment of a category I welfare payment is payable to the person.
Deductions from category I welfare payments—instalments (2) The following provisions have effect: (a) the Secretary must deduct from the instalment of the category I welfare payment the deductible portion of the instalment; (b) an amount equal to the deductible portion of the instalment is credited to the Income Management Record; (c) an amount equal to the deductible portion of the instalment is credited to the person’s income management account.
Deductible portion (3) For the purposes of subsection (2), the deductible portion of an instalment of a category I welfare payment is: 332 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Deductions from welfare payments Division 5 Section 123XPAB (a) 70%; or (b) if another percentage (not exceeding 100%) is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the other percentage; of the net amount of the instalment (rounded down to the nearest cent).
(4) An instrument under paragraph (3)(b) may specify different percentages depending on one or more of the following: (a) the category I welfare payments payable to persons subject to the income management regime under section 123UFAA; (b) the usual place of residence of those persons; (c) the recognised State/Territory authorities whose officers or employees may give a notice of the kind referred to in paragraph 123UFAA(1)(b).
123XPAB Deductions from category I welfare payments—lump sums Scope (1) This section applies if: (a) a person is subject to the income management regime under section 123UFAA; and (b) a category I welfare payment is payable to the person otherwise than by instalments.
Deductions from category I welfare payments—lump sums (2) The following provisions have effect: (a) the Secretary must deduct from the category I welfare payment the deductible portion of the payment; (b) an amount equal to the deductible portion of the payment is credited to the Income Management Record; (c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.
Social Security (Administration) Act 1999 333 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 5 Deductions from welfare payments Section 123XPA Deductible portion (3) For the purposes of subsection (2), the deductible portion of a category I welfare payment is: (a) 100%; or (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage; of the net amount of the payment (rounded down to the nearest cent).
(4) An instrument under paragraph (3)(b) may specify different percentages depending on one or more of the following: (a) the category I welfare payments payable to persons subject to the income management regime under section 123UFAA; (b) the usual place of residence of those persons; (c) the recognised State/Territory authorities whose officers or employees may give a notice of the kind referred to in paragraph 123UFAA(1)(b).
Subdivision DA—Voluntary income management agreements 123XPA Deductions from category I welfare payments—instalments Scope (1) This section applies if: (a) a person is subject to the income management regime under section 123UFA; and (b) an instalment of a category I welfare payment is payable to the person.
Deductions from category I welfare payments—instalments (2) The following provisions have effect: (a) the Secretary must deduct from the instalment of the category I welfare payment the deductible portion of the instalment; 334 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Deductions from welfare payments Division 5 Section 123XPB (b) an amount equal to the deductible portion of the instalment is credited to the Income Management Record; (c) an amount equal to the deductible portion of the instalment is credited to the person’s income management account.
Deductible portion (3) For the purposes of subsection (2), the deductible portion of an instalment of a category I welfare payment is: (a) 70%; or (b) if another percentage (not exceeding 100%) is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the other percentage; of the net amount of the instalment (rounded down to the nearest cent).
(4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments.

123XPB Deductions from category I welfare payments—lump sums Scope (1) This section applies if: (a) a person is subject to the income management regime under section 123UFA; and (b) a category I welfare payment is payable to the person otherwise than by instalments.
Deductions from category I welfare payments—lump sums (2) The following provisions have effect: (a) the Secretary must deduct from the category I welfare payment the deductible portion of the payment; (b) an amount equal to the deductible portion of the payment is credited to the Income Management Record; Social Security (Administration) Act 1999 335 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 5 Deductions from welfare payments Section 123XPBA (c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.
Deductible portion (3) For the purposes of subsection (2), the deductible portion of a category I welfare payment is: (a) 100%; or (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage; of the net amount of the payment (rounded down to the nearest cent).

(4) An instrument under paragraph (3)(b) may specify different percentages in relation to different category I welfare payments.
Subdivision DB—Economic support payments, economic security strategy payments and household stimulus payments 123XPBA Deductions from 2020 economic support payments Scope (1) This section applies if: (a) a person is subject to the income management regime; and (b) a 2020 economic support payment is payable to the person.
Deductions from 2020 economic support payments (2) The following provisions have effect: (a) the Secretary must deduct from the 2020 economic support payment the deductible portion of the payment; (b) an amount equal to the deductible portion of the payment is credited to the Income Management Record; 336 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Deductions from welfare payments Division 5 Section 123XPBB (c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.
(3) For the purposes of subsection (2), the deductible portion of a 2020 economic support payment is 100% of the amount of the payment.

123XPBB Deductions from additional economic support payments Scope (1) This section applies if: (a) a person is subject to the income management regime; and (b) an additional economic support payment is payable to the person.
Deductions from additional economic support payments (2) The following provisions have effect: (a) the Secretary must deduct from the additional economic support payment the deductible portion of the payment; (b) an amount equal to the deductible portion of the payment is credited to the Income Management Record; (c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.
(3) For the purposes of subsection (2), the deductible portion of an additional economic support payment is 100% of the amount of the payment.
123XPC Deductions from economic security strategy payments Scope (1) This section applies if: (a) a person is subject to the income management regime; and Social Security (Administration) Act 1999 337 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 5 Deductions from welfare payments Section 123XPD (b) an economic security strategy payment is payable to the person.
(2) However, this section does not apply in relation to an economic security strategy payment under Part VIIG of the Veterans’ Entitlements Act if the person is subject to the income management regime because of section 123UF.
Deductions from economic security strategy payments (3) The following provisions have effect: (a) the Secretary must deduct from the economic security strategy payment the deductible portion of the payment; (b) an amount equal to the deductible portion of the payment is credited to the Income Management Record; (c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.
(4) For the purposes of subsection (3), the deductible portion of an economic security strategy payment is 100% of the amount of the payment.

123XPD Deductions from household stimulus payments Scope (1) This section applies if: (a) a person is subject to the income management regime; and (b) a household stimulus payment is payable to the person.
Deductions from household stimulus payments (2) The following provisions have effect: (a) the Secretary must deduct from the household stimulus payment the deductible portion of the payment; (b) an amount equal to the deductible portion of the payment is credited to the Income Management Record; 338 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Deductions from welfare payments Division 5 Section 123XPG (c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.
(3) For the purposes of subsection (2), the deductible portion of a household stimulus payment is 100% of the amount of the payment.

Subdivision DC—Relocation scholarship payments 123XPG Deductions from relocation scholarship payments Scope (1) This section applies if: (a) a person is subject to the income management regime; and (b) a relocation scholarship payment is payable to the person.
Deductions from payment (2) The following provisions have effect: (a) the Secretary must deduct from the relocation scholarship payment the deductible portion of the payment; (b) an amount equal to the deductible portion of the payment is credited to the Income Management Record; (c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.
(3) For the purposes of subsection (2), the deductible portion of a relocation scholarship payment is: (a) 100% of the amount of the payment; or (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage of the amount of the payment.
Social Security (Administration) Act 1999 339 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 5 Deductions from welfare payments Section 123XPJ Subdivision DE—Clean energy income-managed payments 123XPJ Deductions from clean energy income-managed payments Scope (1) This section applies if: (a) a person is subject to the income management regime; and (b) a clean energy income-managed payment is payable to the person.
Deductions from clean energy income-managed payments (2) The following provisions have effect: (a) the Secretary must deduct from the payment the deductible portion of the payment; (b) an amount equal to the deductible portion of the payment is credited to the Income Management Record; (c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.
(3) For the purposes of subsection (2), the deductible portion of a clean energy income-managed payment is 100% of the amount of the payment.

Subdivision DF—ETR income-managed payments 123XPK Deductions from ETR income-managed payments Scope (1) This section applies if: (a) a person is subject to the income management regime; and (b) an ETR income-managed payment is payable to the person.
340 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Deductions from welfare payments Division 5 Section 123XQ Deductions from ETR income-managed payments (2) The following provisions have effect: (a) the Secretary must deduct from the payment the deductible portion of the payment; (b) an amount equal to the deductible portion of the payment is credited to the Income Management Record; (c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.
(3) For the purposes of subsection (2), the deductible portion of an ETR income-managed payment is 100% of the amount of the payment.

Subdivision E—Deducted amount taken to have been paid 123XQ Deducted amount taken to have been paid Scope (1) This section applies if an amount is deducted under this Division from an instalment or payment that is payable to a person.
Deducted amount taken to have been paid (2) The deducted amount is taken, for the purposes of: (a) the income tax law; and (b) this Act (other than this Part); and (c) the 1991 Act; and (d) the Family Assistance Act; and (e) the Family Assistance Administration Act; and (f) the Student Assistance Act 1973; and (g) the Veterans’ Entitlements Act; and (h) the Child Support (Assessment) Act 1989; to have been paid to the person at whichever of the following times is applicable: Social Security (Administration) Act 1999 341 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 5 Deductions from welfare payments Section 123XQ (i) if the deducted amount was equal to 100% of the net amount of the instalment or payment—when the instalment or payment would have been paid if the deduction had not been made; (j) otherwise—when the instalment or payment was paid.
342 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Debits from income management accounts Division 6 Section 123YA Division 6—Debits from income management accounts Subdivision A—General 123YA Priority needs—application of income management account Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) the first person’s income management account has a credit balance.
Priority needs (2) If the Secretary is aware of any unmet priority needs of: (a) the first person; or (b) the first person’s children (if any); or (c) the first person’s partner (if any); or (d) any other dependants of the first person; the Secretary must, within a reasonable period after becoming aware of those priority needs, take appropriate action under Subdivision B directed towards meeting those priority needs.
(3) If: (a) the Secretary is satisfied that the current or future balance of the first person’s income management account exceeds what is reasonably required to meet the current, and reasonably foreseeable, priority needs of: (i) the first person; and (ii) the first person’s children (if any); and (iii) the first person’s partner (if any); and (iv) any other dependants of the first person; and Social Security (Administration) Act 1999 343 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 6 Debits from income management accounts Section 123YB (b) the first person requests the Secretary to take action under this Division that: (i) is not directed towards meeting the current, and reasonably foreseeable, priority needs mentioned in paragraph (a); and (ii) would result in the first person’s income management account being debited by a particular amount; and (c) the Secretary is satisfied that the debit would not result in the current or future balance of the first person’s income management account falling below what is reasonably required to meet the current, and reasonably foreseeable, priority needs mentioned in paragraph (a); the Secretary must not unreasonably refuse the request.
123YB Secretary must have regard to the best interests of children Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) the first person’s income management account has a credit balance; and (c) the person has one or more children.
Secretary must have regard to the best interests of children (2) In deciding whether to take action under this Division that results in an amount being debited from the first person’s income management account, the Secretary must have regard to: (a) the best interests of the first person’s children; and (b) such other matters (if any) as the Secretary considers relevant.
344 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Debits from income management accounts Division 6 Section 123YC Subdivision B—Restricted debits 123YC Vouchers—general Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) the first person’s income management account has a credit balance; and (c) the first person does not have a Part 3B payment nominee.
Vouchers (2) The Secretary may, on behalf of the Commonwealth: (a) give the first person a voucher that: (i) has a face value of a particular amount; and (ii) enables the first person to acquire goods or services; or (b) with the consent of the first person, give a third person a voucher that: (i) has a face value of a particular amount; and (ii) enables the third person to acquire goods or services; so long as the face value of the voucher does not exceed the credit balance of the first person’s income management account.
(3) A voucher may be for limited goods or services.

Income Management Record to be debited (4) If the first person or a third person is given a voucher under subsection (2), the Income Management Record is debited by an amount equal to the face value of the voucher.
Social Security (Administration) Act 1999 345 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 6 Debits from income management accounts Section 123YD First person’s income management account to be debited (5) If the first person or a third person is given a voucher under subsection (2), the first person’s income management account is debited by an amount equal to the face value of the voucher.
Criteria (6) The Secretary must not give the first person or a third person a voucher under subsection (2) if the Secretary is satisfied that any of the relevant goods or services are excluded goods or excluded services.

Tax consequences (7) If the first person or a third person is given a voucher under subsection (2), the giving of the voucher does not have any consequences under the income tax law for the first person or the third person, as the case may be.
123YD Vouchers—Part 3B payment nominee Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) the first person’s income management account has a credit balance; and (c) the first person has a Part 3B payment nominee.
Vouchers (2) The Secretary may, on behalf of the Commonwealth: (a) give the Part 3B payment nominee a voucher that: (i) has a face value of a particular amount; and (ii) enables the Part 3B payment nominee to acquire goods or services; or 346 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Debits from income management accounts Division 6 Section 123YD (b) with the consent of the Part 3B payment nominee, give a third person a voucher that: (i) has a face value of a particular amount; and (ii) enables the third person to acquire goods or services; so long as the face value of the voucher does not exceed the credit balance of the first person’s income management account.
(3) A voucher may be for limited goods or services.

Income Management Record to be debited (4) If the Part 3B payment nominee or a third person is given a voucher under subsection (2), the Income Management Record is debited by an amount equal to the face value of the voucher.
First person’s income management account to be debited (5) If the Part 3B payment nominee or a third person is given a voucher under subsection (2), the first person’s income management account is debited by an amount equal to the face value of the voucher.

Criteria (6) The Secretary must not give the Part 3B payment nominee or a third person a voucher under subsection (2) if the Secretary is satisfied that any of the relevant goods or services are excluded goods or excluded services.
Tax consequences (7) If the Part 3B payment nominee or a third person is given a voucher under subsection (2), the giving of the voucher does not have any consequences under the income tax law for the Part 3B payment nominee, the first person or the third person.
Social Security (Administration) Act 1999 347 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 6 Debits from income management accounts Section 123YE 123YE Stored value cards—general Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) the first person’s income management account has a credit balance; and (c) the first person does not have a Part 3B payment nominee.
Stored value cards (2) The Secretary may, on behalf of the Commonwealth: (a) give the first person a stored value card that enables the first person to acquire goods or services, so long as no part of the monetary value stored on the card may be withdrawn in cash; or (c) increase the monetary value stored on a stored value card held by the first person, so long as: (i) no part of the monetary value stored on the card may be withdrawn in cash; and (ii) the stored value card enables the first person to acquire goods or services; so long as: (e) if paragraph (a) applies—the monetary value stored on the card does not exceed the credit balance of the first person’s income management account; or (f) if paragraph (c) applies—the increase in monetary value does not exceed the credit balance of the first person’s income management account.
(3) A stored value card may be for limited goods or services.
348 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Debits from income management accounts Division 6 Section 123YE Income Management Record to be debited (4) If, under subsection (2), the Secretary gives the first person a stored value card, the Income Management Record is debited by an amount equal to the monetary value stored on the card.
(5) If, under subsection (2), the Secretary increases the monetary value stored on a stored value card held by the first person, the Income Management Record is debited by an amount equal to the increase in the monetary value.

First person’s income management account to be debited (6) If, under subsection (2), the Secretary gives the first person a stored value card, the first person’s income management account is debited by an amount equal to the monetary value stored on the card.
(7) If, under subsection (2), the Secretary increases the monetary value stored on a stored value card held by the first person, the first person’s income management account is debited by an amount equal to the increase in the monetary value.
Criteria (8) The Secretary must not, under subsection (2): (a) give the first person a stored value card; or (b) increase the monetary value stored on a stored value card; if the Secretary is satisfied that the relevant goods or services are excluded goods or excluded services.

Tax consequences (9) If, under subsection (2), the Secretary gives the first person a stored value card, the giving of the card does not have consequences under the income tax law for the first person.
(10) If, under subsection (2), the Secretary increases the monetary value stored on a stored value card held by the first person, the increase Social Security (Administration) Act 1999 349 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 6 Debits from income management accounts Section 123YF does not have consequences under the income tax law for the first person.
123YF Stored value cards—Part 3B payment nominee Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) the first person’s income management account has a credit balance; and (c) the first person has a Part 3B payment nominee.
Stored value cards (2) The Secretary may, on behalf of the Commonwealth: (a) give the Part 3B payment nominee a stored value card that enables the Part 3B payment nominee to acquire goods or services, so long as no part of the monetary value stored on the card may be withdrawn in cash; or (b) with the consent of the Part 3B payment nominee, give the first person a stored value card that enables the first person to acquire goods or services, so long as no part of the monetary value stored on the card may be withdrawn in cash; or (c) increase the monetary value stored on a stored value card held by the Part 3B payment nominee, so long as: (i) no part of the monetary value stored on the card may be withdrawn in cash; and (ii) the stored value card enables the Part 3B payment nominee to acquire goods or services; or (d) with the consent of the Part 3B payment nominee, increase the monetary value stored on a stored value card held by the first person, so long as: (i) no part of the monetary value stored on the card may be withdrawn in cash; and 350 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Debits from income management accounts Division 6 Section 123YF (ii) the stored value card enables the first person to acquire goods or services; so long as: (e) if paragraph (a) or (b) applies—the monetary value stored on the card does not exceed the credit balance of the first person’s income management account; or (f) if paragraph (c) or (d) applies—the increase in the monetary value does not exceed the credit balance of the first person’s income management account.
(3) A stored value card may be for limited goods or services.

Income Management Record to be debited (4) If, under subsection (2), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the Income Management Record is debited by an amount equal to the monetary value stored on the card.
(5) If, under subsection (2), the Secretary increases the monetary value stored on a stored value card held by the Part 3B payment nominee or the first person, the Income Management Record is debited by an amount equal to the increase in the monetary value.
First person’s income management account to be debited (6) If, under subsection (2), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the first person’s income management account is debited by an amount equal to the monetary value stored on the card.
(7) If, under subsection (2), the Secretary increases the monetary value stored on a stored value card held by the Part 3B payment nominee or the first person, the first person’s income management account is debited by an amount equal to the increase in the monetary value.
Social Security (Administration) Act 1999 351 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 6 Debits from income management accounts Section 123YG Criteria (8) The Secretary must not, under subsection (2): (a) give the Part 3B payment nominee or the first person a stored value card; or (b) increase the monetary value stored on a stored value card; if the Secretary is satisfied that the relevant goods or services are excluded goods or excluded services.
Tax consequences (9) If, under subsection (2), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the giving of the card does not have consequences under the income tax law for the Part 3B payment nominee or the first person.
(10) If, under subsection (2), the Secretary increases the monetary value stored on a stored value card held by the Part 3B payment nominee or the first person, the increase does not have consequences under the income tax law for the Part 3B payment nominee or the first person.
123YG Expense payment—general Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) the first person’s income management account has a credit balance; and (c) the first person does not have a Part 3B payment nominee.
352 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Debits from income management accounts Division 6 Section 123YG Expense payment (2) The Secretary may, on behalf of the Commonwealth: (a) make a payment in discharge, in whole or in part, of an obligation of the first person to pay an amount to a third person in respect of expenditure incurred by the first person in relation to goods or services; or (b) with the consent of the first person, make a payment in discharge, in whole or in part, of an obligation of a third person to pay an amount to a fourth person in respect of expenditure incurred by the third person in relation to goods or services; or (c) make a payment in discharge, in whole or in part, of an obligation of the first person to pay an amount by way of rates or land tax; or (d) with the consent of the first person, make a payment in discharge, in whole or in part, of an obligation of a third person to pay an amount by way of rates or land tax; so long as the amount paid does not exceed the credit balance of the first person’s income management account.
Income Management Record to be debited (3) If the Secretary makes a payment under subsection (2), the Income Management Record is debited by an amount equal to the amount paid.

First person’s income management account to be debited (4) If the Secretary makes a payment under subsection (2), the first person’s income management account is debited by an amount equal to the amount paid.
Criteria (5) The Secretary must not make a payment under paragraph (2)(a) or (b) if the Secretary is satisfied that the relevant goods or services are excluded goods or excluded services.
Social Security (Administration) Act 1999 353 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 6 Debits from income management accounts Section 123YH Tax consequences (6) If the Secretary makes a payment under subsection (2), the payment does not have consequences under the income tax law for the first person.
123YH Expense payment—Part 3B payment nominee Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) the first person’s income management account has a credit balance; and (c) the first person has a Part 3B payment nominee.
Expense payment (2) The Secretary may, on behalf of the Commonwealth: (a) make a payment in discharge, in whole or in part, of an obligation of the Part 3B payment nominee to pay an amount to a third person in respect of expenditure incurred by the Part 3B payment nominee in relation to goods or services; or (b) with the consent of the Part 3B payment nominee, make a payment in discharge, in whole or in part, of an obligation of a third person to pay an amount to a fourth person in respect of expenditure incurred by the third person in relation to goods or services; or (c) make a payment in discharge, in whole or in part, of an obligation of the first person to pay an amount to a third person in respect of expenditure incurred by the first person in relation to goods or services; so long as the amount paid does not exceed the credit balance of the first person’s income management account.
354 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Debits from income management accounts Division 6 Section 123YI Income Management Record to be debited (3) If the Secretary makes a payment under subsection (2), the Income Management Record is debited by an amount equal to the amount paid.
First person’s income management account to be debited (4) If the Secretary makes a payment under subsection (2), the first person’s income management account is debited by an amount equal to the amount paid.

Criteria (5) The Secretary must not make a payment under subsection (2) if the Secretary is satisfied that the relevant goods or services are excluded goods or excluded services.
Tax consequences (6) If the Secretary makes a payment under subsection (2), the payment does not have consequences under the income tax law for the Part 3B payment nominee or the first person.

123YI Crediting of account—general Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) the first person’s income management account has a credit balance; and (c) the first person does not have a Part 3B payment nominee.
Crediting of accounts (2) The Secretary may, on behalf of the Commonwealth: Social Security (Administration) Act 1999 355 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 6 Debits from income management accounts Section 123YI (a) pay an amount to a third person on condition that the third person will: (i) credit the amount to an account held by the first person with the third person; and (ii) not allow the first person to debit the account except for the purposes of acquiring goods or services; and (iii) if required to do so under section 123ZH, repay to the Commonwealth so much of the amount paid by the Secretary as has not been applied by the first person for the purposes of the acquisition of goods or services; or (b) with the consent of the first person, pay an amount to a third person on condition that the third person will: (i) credit the amount to an account held by a fourth person with the third person; and (ii) not allow the fourth person to debit the account except for the purposes of acquiring goods or services; and (iii) if required to do so under section 123ZH, repay to the Commonwealth so much of the amount paid by the Secretary as has not been applied by the fourth person for the purposes of the acquisition of goods or services; so long as the amount paid by the Secretary does not exceed the credit balance of the first person’s income management account.
(3) The goods or services referred to in paragraph (2)(a) or (b) may be limited to such goods or services as are determined by the Secretary.

Income Management Record to be debited (4) If the Secretary pays an amount to a third person under subsection (2), the Income Management Record is debited by an amount equal to the amount paid.
356 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Debits from income management accounts Division 6 Section 123YJ First person’s income management account to be debited (5) If the Secretary pays an amount to a third person under subsection (2), the first person’s income management account is debited by an amount equal to the amount paid.
Criteria (6) The Secretary must not, under subsection (2), pay an amount to a third person if the Secretary is satisfied that any of the relevant goods or services are excluded goods or excluded services.

Tax consequences (7) If the Secretary pays an amount to a third person under subsection (2), the payment does not have consequences under the income tax law for the first person.
123YJ Crediting of account—Part 3B payment nominee Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) the first person’s income management account has a credit balance; and (c) the first person has a Part 3B payment nominee.
Crediting of accounts (2) The Secretary may, on behalf of the Commonwealth: (a) pay an amount to a third person on condition that the third person will: (i) credit the amount to an account held by the Part 3B payment nominee with the third person; and Social Security (Administration) Act 1999 357 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 6 Debits from income management accounts Section 123YJ (ii) not allow the Part 3B payment nominee to debit the account except for the purposes of acquiring goods or services; and (iii) if required to do so under section 123ZH, repay to the Commonwealth so much of the amount paid by the Secretary as has not been applied by the Part 3B payment nominee for the purposes of the acquisition of goods or services; or (b) with the consent of the Part 3B payment nominee, pay an amount to a third person on condition that the third person will: (i) credit the amount to an account held by a fourth person with the third person; and (ii) not allow the fourth person to debit the account except for the purposes of acquiring goods or services; and (iii) if required to do so under section 123ZH, repay to the Commonwealth so much of the amount paid by the Secretary as has not been applied by the fourth person for the purposes of the acquisition of goods or services; or (c) pay an amount to a third person on condition that the third person will: (i) credit the amount to an account held by the first person with the third person; and (ii) not allow the first person to debit the account except for the purposes of acquiring goods or services; and (iii) if required to do so under section 123ZH, repay to the Commonwealth so much of the amount paid by the Secretary as has not been applied by the first person for the purposes of the acquisition of goods or services; so long as the amount paid by the Secretary does not exceed the credit balance of the first person’s income management account.
(3) The goods or services referred to in paragraph (2)(a), (b) or (c) may be limited to such goods or services as are determined by the Secretary.
358 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Debits from income management accounts Division 6 Section 123YK Income Management Record to be debited (4) If the Secretary pays an amount to a third person under subsection (2), the Income Management Record is debited by an amount equal to the amount paid.
First person’s income management account to be debited (5) If the Secretary pays an amount to a third person under subsection (2), the first person’s income management account is debited by an amount equal to the amount paid.

Criteria (6) The Secretary must not, under subsection (2), pay an amount to a third person if the Secretary is satisfied that any of the relevant goods or services are excluded goods or excluded services.
Tax consequences (7) If the Secretary pays an amount to a third person under subsection (2), the payment does not have consequences under the income tax law for the Part 3B payment nominee or the first person.

123YK Transfers to accounts—general Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) the first person’s income management account has a credit balance; and (c) the first person does not have a Part 3B payment nominee.
Social Security (Administration) Act 1999 359 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 6 Debits from income management accounts Section 123YK Transfers (2) The Secretary may, on behalf of the Commonwealth: (a) pay an amount to the credit of an account held by the first person with: (i) a bank; or (ii) a person specified in a legislative instrument made by the Secretary for the purposes of this subparagraph; so long as money standing to the credit of the account cannot be debited except for the purposes of: (iii) acquiring goods or services; or (iv) paying account-related fees or charges; or (b) with the consent of the first person, pay an amount to the credit of an account held by a third person with: (i) a bank; or (ii) a person specified in a legislative instrument made by the Secretary for the purposes of this subparagraph; so long as money standing to the credit of the account cannot be debited except for the purposes of: (iii) acquiring goods or services; or (iv) paying account-related fees or charges; so long as the amount paid by the Secretary does not exceed the credit balance of the first person’s income management account.
(3) The goods or services referred to in paragraph (2)(a) or (b) may be limited to such goods or services as are determined by the Secretary.

Income Management Record to be debited (4) If, under subsection (2), the Secretary pays an amount to the credit of an account, the Income Management Record is debited by an amount equal to the amount paid.
360 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Debits from income management accounts Division 6 Section 123YL First person’s income management account to be debited (5) If, under subsection (2), the Secretary pays an amount to the credit of an account, the first person’s income management account is debited by an amount equal to the amount paid.
Criteria (6) The Secretary must not, under subsection (2), pay an amount to the credit of an account if the Secretary is satisfied that any of relevant goods or services are excluded goods or excluded services.

Tax consequences (7) If, under subsection (2), the Secretary pays an amount to the credit of an account, the payment does not have any consequences under the income tax law for the first person.
123YL Transfers to accounts—Part 3B payment nominee Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) the first person’s income management account has a credit balance; and (c) the first person has a Part 3B payment nominee.
Transfers (2) The Secretary may, on behalf of the Commonwealth: (a) pay an amount to the credit of an account held by the Part 3B payment nominee with: (i) a bank; or Social Security (Administration) Act 1999 361 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 6 Debits from income management accounts Section 123YL (ii) a person specified in a legislative instrument made by the Secretary for the purposes of this subparagraph; so long as money standing to the credit of the account cannot be debited except for the purposes of: (iii) acquiring goods or services; or (iv) paying account-related fees or charges; or (b) with the consent of the Part 3B payment nominee, pay an amount to the credit of an account held by a third person with: (i) a bank; or (ii) a person specified in a legislative instrument made by the Secretary for the purposes of this subparagraph; so long as money standing to the credit of the account cannot be debited except for the purposes of: (iii) acquiring goods or services; or (iv) paying account-related fees or charges; so long as the amount paid by the Secretary does not exceed the credit balance of the first person’s income management account.
(3) The goods or services referred to in paragraph (2)(a) or (b) may be limited to such goods or services as are determined by the Secretary.

Income Management Record to be debited (4) If, under subsection (2), the Secretary pays an amount to the credit of an account, the Income Management Record is debited by an amount equal to the amount paid.
First person’s income management account to be debited (5) If, under subsection (2), the Secretary pays an amount to the credit of an account, the first person’s income management account is debited by an amount equal to the amount paid.
362 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Debits from income management accounts Division 6 Section 123YM Criteria (6) The Secretary must not, under subsection (2), pay an amount to the credit of an account if the Secretary is satisfied that any of the relevant goods or services are excluded goods or excluded services.
Tax consequences (7) If, under subsection (2), the Secretary pays an amount to the credit of an account, the payment does not have consequences under the income tax law for the Part 3B payment nominee or the first person.
123YM Restricted direct payment—general Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) the first person’s income management account has a credit balance; and (c) the first person does not have a Part 3B payment nominee.
Direct payment (2) The Secretary may, on behalf of the Commonwealth: (a) pay an amount to the credit of a bank account held by the first person (whether alone or jointly or in common with another person); or (b) with the consent of the first person, pay an amount to the credit of a bank account held by a third person (whether alone or jointly or in common with another person); or (c) if: (i) the first person is subject to the income management regime under section 123UF; and Social Security (Administration) Act 1999 363 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 6 Debits from income management accounts Section 123YM (ii) under a law of Queensland, the Queensland Commission gave the Secretary a written notice stating that a specified bank account held by a third person is a nominated third party account in relation to the first person; and (iii) the notice has not been withdrawn or revoked; pay the amount to the credit of that bank account; or (d) pay an amount to the first person by way of a cheque; or (e) with the consent of the first person, pay an amount to a third person by way of a cheque; or (f) pay an amount to the first person by way of cash; or (g) with the consent of the first person, pay an amount to a third person by way of cash; or (h) give the first person a stored value card that enables the first person to withdraw cash; so long as: (j) if paragraph (a), (b), (c), (d), (e), (f) or (g) applies—the amount paid does not exceed the credit balance of the first person’s income management account; or (k) if paragraph (h) applies—the monetary value stored on the card does not exceed the credit balance of the first person’s income management account.
Income Management Record to be debited (3) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e), (f) or (g), the Income Management Record is debited by an amount equal to the amount paid.

(4) If, under paragraph (2)(h), the Secretary gives the first person a stored value card, the Income Management Record is debited by an amount equal to the monetary value stored on the card.
364 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Debits from income management accounts Division 6 Section 123YM First person’s income management account to be debited (5) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e), (f) or (g), the first person’s income management account is debited by an amount equal to the amount paid.
(6) If, under paragraph (2)(h), the Secretary gives the first person a stored value card, the first person’s income management account is debited by an amount equal to the monetary value stored on the card.

Criteria (7) The Secretary must not pay an amount under paragraph (2)(a), (b), (c), (d), (e), (f) or (g) if the Secretary has reasonable grounds to believe that the whole or a part of the amount paid will be used to acquire excluded goods or excluded services.
(8) The Secretary must not give the first person a stored value card under paragraph (2)(h) if the Secretary has reasonable grounds to believe that the whole or a part of the monetary value stored on the card will be used to acquire excluded goods or excluded services.

Tax consequences (9) If the Secretary makes a payment under paragraph (2)(a), (d) or (f) the payment does not have consequences under the income tax law for the first person.
(10) If the Secretary makes a payment under paragraph (2)(b), (c), (e) or (g), the payment does not have consequences under the income tax law for the first person or the third person.

(11) If, under paragraph (2)(h), the Secretary gives the first person a stored value card, the giving of the card does not have consequences under the income tax law for the first person.
Social Security (Administration) Act 1999 365 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 6 Debits from income management accounts Section 123YN 123YN Restricted direct payment—Part 3B payment nominee Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) the first person’s income management account has a credit balance; and (c) the first person has a Part 3B payment nominee.
Direct payment (2) The Secretary may, on behalf of the Commonwealth: (a) pay an amount to the credit of a bank account held by the Part 3B payment nominee (whether alone or jointly or in common with another person); or (b) with the consent of the Part 3B payment nominee, pay an amount to the credit of a bank account held by a third person (whether alone or jointly or in common with another person); or (c) if: (i) the first person is subject to the income management regime under section 123UF; and (ii) under a law of Queensland, the Queensland Commission gave the Secretary a written notice stating that a specified bank account held by a third person is a nominated third party account in relation to the first person; and (iii) the notice has not been withdrawn or revoked; pay the amount to the credit of that bank account; or (d) pay an amount to the Part 3B payment nominee by way of a cheque; or (e) with the consent of the Part 3B payment nominee, pay an amount to a third person by way of a cheque; or 366 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Debits from income management accounts Division 6 Section 123YN (f) pay an amount to the Part 3B payment nominee by way of cash; or (g) with the consent of the Part 3B payment nominee, pay an amount to a third person by way of cash; or (h) give the Part 3B payment nominee a stored value card that enables the Part 3B payment nominee to withdraw cash; or (i)
 with the consent of the Part 3B payment nominee, give the first person a stored value card that enables the first person to withdraw cash; so long as: (j) if paragraph (a), (b), (c), (d), (e), (f) or (g) applies—the amount paid does not exceed the credit balance of the first person’s income management account; or (k) if paragraph (h) or (i) applies—the monetary value stored on the card does not exceed the credit balance of the first person’s income management account.
Income Management Record to be debited (3) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e), (f) or (g), the Income Management Record is debited by an amount equal to the amount paid.

(4) If, under paragraph (2)(h) or (i), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the Income Management Record is debited by an amount equal to the monetary value stored on the card.
First person’s income management account to be debited (5) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e), (f) or (g), the first person’s income management account is debited by an amount equal to the amount paid.
(6) If, under paragraph (2)(h) or (i), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the first Social Security (Administration) Act 1999 367 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 6 Debits from income management accounts Section 123YO person’s income management account is debited by an amount equal to the monetary value stored on the card.
Criteria (7) The Secretary must not pay an amount under paragraph (2)(a), (b), (c), (d), (e), (f) or (g) if the Secretary has reasonable grounds to believe that the whole or a part of the amount paid will be used to acquire excluded goods or excluded services.
(8) The Secretary must not give the Part 3B payment nominee or the first person a stored value card under paragraph (2)(h) or (i) if the Secretary has reasonable grounds to believe that the whole or a part of the monetary value stored on the card will be used to acquire excluded goods or excluded services.
Tax consequences (9) If the Secretary makes a payment under paragraph (2)(a), (d) or (f), the payment does not have consequences under the income tax law for the Part 3B payment nominee or the first person.

(10) If the Secretary makes a payment under paragraph (2)(b), (c), (e) or (g), the payment does not have consequences under the income tax law for the Part 3B payment nominee or the first person.
(11) If, under paragraph (2)(h) or (i), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the giving of the card does not have consequences under the income tax law for the Part 3B payment nominee or the first person.
Subdivision C—Unrestricted debits 123YO Unrestricted direct payment—general Scope (1) This section applies if: 368 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Debits from income management accounts Division 6 Section 123YO (a) a person (the first person) is subject to the income management regime; and (b) the first person’s income management account has a credit balance; and (c) the first person does not have a Part 3B payment nominee.
Direct payment (2) The Secretary may, on behalf of the Commonwealth: (a) pay an amount to the credit of a bank account held by the first person (whether alone or jointly or in common with another person); or (b) with the consent of the first person, pay an amount to the credit of a bank account held by a third person (whether alone or jointly or in common with another person); or (c) pay an amount to the first person by way of a cheque; or (d) with the consent of the first person, pay an amount to a third person by way of a cheque; or (e) pay an amount to the first person by way of cash; or (f) with the consent of the first person, pay an amount to a third person by way of cash; or (g) give the first person a stored value card that enables the first person to withdraw cash; so long as: (i) if paragraph (a), (b), (c), (d), (e) or (f) applies—the amount paid does not exceed the credit balance of the first person’s income management account; or (j) if paragraph (g) applies—the monetary value stored on the card does not exceed the credit balance of the first person’s income management account.
(3) In deciding whether to take action under subsection (2), the Secretary must have regard to: (a) such matters (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph; and Social Security (Administration) Act 1999 369 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 6 Debits from income management accounts Section 123YO (b) such other matters (if any) as the Secretary considers relevant.
Income Management Record to be debited (4) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e) or (f), the Income Management Record is debited by an amount equal to the amount paid.

(5) If, under paragraph (2)(g), the Secretary gives the first person a stored value card, the Income Management Record is debited by an amount equal to the monetary value stored on the card.
First person’s income management account to be debited (6) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e) or (f), the first person’s income management account is debited by an amount equal to the amount paid.

(7) If, under paragraph (2)(g), the Secretary gives the first person a stored value card, the first person’s income management account is debited by an amount equal to the monetary value stored on the card.
Tax consequences (8) If the Secretary makes a payment under paragraph (2)(a), (c) or (e), the payment does not have consequences under the income tax law for the first person.

(9) If the Secretary makes a payment under paragraph (2)(b), (d) or (f), the payment does not have consequences under the income tax law for the first person or the third person.
(10) If, under paragraph (2)(g), the Secretary gives the first person a stored value card, the giving of the card does not have consequences under the income tax law for the first person.
370 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Debits from income management accounts Division 6 Section 123YP 123YP Unrestricted direct payment—Part 3B payment nominee Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) the first person’s income management account has a credit balance; and (c) the first person has a Part 3B payment nominee.
Direct payment (2) The Secretary may, on behalf of the Commonwealth: (a) pay an amount to the credit of a bank account held by the Part 3B payment nominee (whether alone or jointly or in common with another person); or (b) with the consent of the Part 3B payment nominee, pay an amount to the credit of a bank account held by a third person (whether alone or jointly or in common with another person); or (c) pay an amount to the Part 3B payment nominee by way of a cheque; or (d) with the consent of the Part 3B payment nominee, pay an amount to a third person by way of a cheque; or (e) pay an amount to the Part 3B payment nominee by way of cash; or (f) with the consent of the Part 3B payment nominee, pay an amount to a third person by way of cash; or (g) give the Part 3B payment nominee a stored value card that enables the Part 3B payment nominee to withdraw cash; or (h) with the consent of the Part 3B payment nominee, give the first person a stored value card that enables the first person to withdraw cash; so long as: Social Security (Administration) Act 1999 371 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 6 Debits from income management accounts Section 123YP (i) if paragraph (a), (b), (c), (d), (e) or (f) applies—the amount paid does not exceed the credit balance of the first person’s income management account; or (j) if paragraph (g) or (h) applies—the monetary value stored on the card does not exceed the credit balance of the first person’s income management account.
(3) In deciding whether to take action under subsection (2), the Secretary must have regard to: (a) such matters (if any) as are specified in a legislative instrument made by the Minister for the purposes of this paragraph; and (b) such other matters (if any) as the Secretary considers relevant.

Income Management Record to be debited (4) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e) or (f), the Income Management Record is debited by an amount equal to the amount paid.
(5) If, under paragraph (2)(g) or (h), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the Income Management Record is debited by an amount equal to the monetary value stored on the card.

First person’s income management account to be debited (6) If the Secretary pays an amount under paragraph (2)(a), (b), (c), (d), (e) or (f), the first person’s income management account is debited by an amount equal to the amount paid.
(7) If, under paragraph (2)(g) or (h), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the first person’s income management account is debited by an amount equal to the monetary value stored on the card.
372 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Debits from income management accounts Division 6 Section 123YQ Tax consequences (8) If the Secretary makes a payment under paragraph (2)(a), (c) or (e), the payment does not have consequences under the income tax law for the Part 3B payment nominee or the first person.
(9) If the Secretary makes a payment under paragraph (2)(b), (d) or (f), the payment does not have consequences under the income tax law for the Part 3B payment nominee, the first person or the third person.

(10) If, under paragraph (2)(g) or (h), the Secretary gives the Part 3B payment nominee or the first person a stored value card, the giving of the card does not have consequences under the income tax law for the Part 3B payment nominee or the first person.
Subdivision D—Miscellaneous action 123YQ Miscellaneous action Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) the first person’s income management account has a credit balance.
Miscellaneous action (2) The Secretary may, on behalf of the Commonwealth, take an action specified in a legislative instrument made by the Minister for the purposes of this subsection, so long as the non-administrative expenses paid by the Commonwealth in relation to the taking of the action do not exceed the credit balance of the first person’s income management account.
Social Security (Administration) Act 1999 373 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 6 Debits from income management accounts Section 123YQ Income Management Record to be debited (3) If the Secretary takes action under subsection (2), the Income Management Record is debited by an amount equal to the non-administrative expenses paid by the Commonwealth in relation to the taking of the action.
First person’s income management account to be debited (4) If the Secretary takes action under subsection (2), the first person’s income management account is debited by an amount equal to the non-administrative expenses paid by the Commonwealth in relation to the taking of the action.
Criteria (5) The Secretary must not take action under subsection (2) unless the Secretary is satisfied that the action: (a) will benefit any or all of the following: (i) the first person; (ii) the first person’s children (if any); (iii) the first person’s partner (if any); (iv) any other dependants of the first person; and (b) will not result in the acquisition of any excluded goods or excluded services.
Tax consequences (6) If the Secretary takes action under subsection (2), the taking of the action does not have consequences under the income tax law for: (a) the first person; or (b) any other person for whose benefit the action was taken.
374 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Debits from income management accounts Division 6 Section 123YR 123YR Credit of income management account in error (1) If the Secretary is satisfied that an amount (the excess amount) has been credited to a person’s income management account in error, the Secretary may determine, in writing, that: (a) the person’s income management account is to be debited by one or more amounts equal to the excess amount; or (b) the person must repay to the Commonwealth, as a debt due to the Commonwealth, an amount equal to the excess amount.
Note: Paragraph (b)—for debt recovery, see Chapter 5 of the 1991 Act.

(2) If the Secretary makes a determination under paragraph (1)(a): (a) the Income Management Record is debited by one or more amounts equal to the excess amount; and (b) the person’s income management account is debited by one or more amounts equal to the excess amount.

(3) A determination made under subsection (1) is not a legislative instrument.
Social Security (Administration) Act 1999 375 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 7 Information Section 123ZB Division 7—Information 123ZB Information-gathering powers—school enrolment and attendance In determining the scope of the power conferred on the Secretary by section 192 or 195 to require the giving of information, or the production of a document, it is to be assumed that: (a) each reference in this Part to a declared primary school area were a reference to a State or Territory; and (b) each reference in this Part to a declared secondary school area were a reference to a State or Territory.
123ZC Child protection—notice of cancellation of category H welfare payments Scope (1) This section applies if: (a) a person ceases to be subject to the income management regime under section 123UC because of the cancellation of a category H welfare payment of the person or the person’s partner; and (b) immediately before the cancellation, the relevant notice referred to in paragraph 123UC(1)(b) had not been withdrawn or revoked.
Notice (2) As soon as practicable after the cancellation, the Secretary must give a child protection officer of the State or Territory written notice of the cancellation.
376 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Information Division 7 Section 123ZD 123ZD Queensland Commission—notice of cancellation of welfare payments Scope (1) This section applies if: (a) a person ceases to be subject to the income management regime under section 123UF because of the cancellation of: (i) a category P welfare payment of the person or the person’s partner; or (ii) a category R welfare payment of the person or the person’s partner; and (b) immediately before the cancellation, the relevant notice referred to in paragraph 123UF(1)(b) or (2)(c) had not been withdrawn or revoked.
Notice (2) As soon as practicable after the cancellation, the Secretary must give the Queensland Commission written notice of the cancellation.
123ZDA Other State/Territory referrals—notice of cancellation of category H welfare payments Scope (1) This section applies if: (a) a person ceases to be subject to the income management regime under section 123UFAA because of the cancellation of a category H welfare payment of the person or the person’s partner; and (b) immediately before the cancellation, the relevant notice referred to in paragraph 123UFAA(1)(b) had not been withdrawn or revoked.
Social Security (Administration) Act 1999 377 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 7 Information Section 123ZE Notice (2) As soon as practicable after the cancellation, the Secretary must give an officer or employee of the recognised State/Territory authority written notice of the cancellation.
123ZE Disclosure of information to the Secretary—child protection (1) Despite any law (whether written or unwritten) in force in a State or Territory, a child protection officer of a State or Territory may give the Secretary information about a person if: (a) either: (i) the person is subject to the income management regime under section 123UC; or (ii) the child protection officer is considering whether to give a notice of the kind referred to in paragraph 123UC(1)(b) in relation to the person; and (b) the disclosed information is relevant to the operation of this Part.
(2) If information about a person is disclosed by a child protection officer of a State or Territory as mentioned in subsection (1), the Secretary may disclose information about the person to a child protection officer of the State or Territory for the purposes of the performance of the functions and duties, or the exercise of the powers, of the child protection officer in relation to the care, protection or welfare of children.
123ZEA Disclosure of information to the Secretary—Queensland Commission (1) Despite any law (whether written or unwritten) in force in Queensland, the Queensland Commission may give the Secretary information about a person if: (a) either: (i) the person is subject to the income management regime under section 123UF; or 378 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Information Division 7 Section 123ZEAA (ii) the Queensland Commission is considering whether to give a notice of the kind referred to in paragraph 123UF(1)(b) or (2)(c) in relation to the person; and (b) the disclosed information is relevant to the operation of this Part.
(2) If information about a person is disclosed by the Queensland Commission as mentioned in subsection (1), the Secretary may disclose information about the person to the Queensland Commission for the purposes of the performance of the functions, or the exercise of the powers, of the Queensland Commission.
123ZEAA Disclosure of information to the Secretary—other State/Territory referrals (1) Despite any law (whether written or unwritten) in force in a State or Territory, an officer or employee of a recognised State/Territory authority may give the Secretary information about a person if: (a) either: (i) the person is subject to the income management regime under section 123UFAA; or (ii) the officer or employee is considering whether to give a notice of the kind referred to in paragraph 123UFAA(1)(b) in relation to the person; and (b) the disclosed information is relevant to the operation of this Part.
(2) If information about a person is disclosed as mentioned in subsection (1), the Secretary may disclose information about the person to an officer or employee of the recognised State/Territory authority for the purposes of the performance of the functions and duties, or the exercise of the powers, of the officer or employee.
Social Security (Administration) Act 1999 379 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 7 Information Section 123ZEB 123ZEB Disclosure of information to the Secretary—school enrolment and attendance (1) Despite any law (whether written or unwritten) in force in a State or Territory: (a) a State or Territory; or (b) a non-government school authority; or (c) any other person who is responsible for the operation of one or more schools; may give the Secretary information about the enrolment, or non-enrolment, of children at school.
(2) Despite any law (whether written or unwritten) in force in a State or Territory: (a) a State or Territory; or (b) a non-government school authority; or (c) any other person who is responsible for the operation of one or more schools; may give the Secretary information about the attendance, or non-attendance, of children at school.
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Division 8 Section 123ZF Division 8—Debt recovery etc.
123ZF Person other than payee obtaining payment of a cheque Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) an amount is paid by cheque under section 123YM, 123YN, 123YO or 123YP; and (c) the payment resulted in the first person’s income management account being debited by an amount equal to the amount paid; and (d) a person (the second person) other than the payee of the cheque obtains possession of the cheque from the payee; and (e) the cheque is not endorsed by the payee to the second person; and (f) the second person obtains value for the cheque.
Recovery (2) The amount of the cheque is a debt due by the second person to the Commonwealth.

Note: For debt recovery, see Chapter 5 of the 1991 Act.

Crediting of amounts (3) The Secretary may determine, in writing, that the first person’s income management account is to be credited by an amount equal to the amount of the cheque.
(4) If the Secretary makes a determination under subsection (3), then an amount equal to the amount of the cheque is: (a) credited to the Income Management Record; and (b) credited to the first person’s income management account.

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Section 123ZG 123ZG Misuse of vouchers and stored value cards Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) either: (i) the Secretary has given the first person or another person a voucher under subsection 123YC(2) or 123YD(2); or (ii) the Secretary has given the first person or another person a stored value card under subsection 123YE(2), 123YF(2), 123YM(2), 123YN(2), 123YO(2) or 123YP(2); and (c) the Secretary’s action resulted in the first person’s income management account being debited; and (d) a person (the unauthorised person) other than the person to whom the voucher or stored value card was given: (i) obtains possession of the voucher or stored value card from the person to whom the voucher or stored value card was given; and (ii) uses the voucher or stored value card to acquire goods or services or to obtain cash; and (e) the unauthorised person does so without the consent of the person to whom the voucher or stored value card was given.
Recovery (2) In the case of the use of a voucher, an amount equal to the face value of the voucher is a debt due by the unauthorised person to the Commonwealth.

Note: For debt recovery, see Chapter 5 of the 1991 Act.

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Division 8 Section 123ZH (3) In the case of the use of a stored value card, an amount equal to the monetary value involved in the use is a debt due by the unauthorised person to the Commonwealth.

Note: For debt recovery, see Chapter 5 of the 1991 Act.

Crediting of amounts (4) In the case of the use of a voucher, the Secretary may determine, in writing, that the first person’s income management account is to be credited by an amount equal to the face value of the voucher.
(5) If the Secretary makes a determination under subsection (4), then an amount equal to the face value of the voucher is: (a) credited to the Income Management Record; and (b) credited to the first person’s income management account.

(6) In the case of the use of a stored value card, the Secretary may determine, in writing, that the first person’s income management account is to be credited by an amount equal to the monetary value involved in the use.
(7) If the Secretary makes a determination under subsection (6), then an amount equal to the monetary value involved in the use is: (a) credited to the Income Management Record; and (b) credited to the first person’s income management account.
123ZH Repayment of money credited to an account Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) under section 123YI or 123YJ, the Secretary has paid an amount to a third person; and Social Security (Administration) Act 1999 383 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 8 Debt recovery etc.
Section 123ZI (c) the payment resulted in the first person’s income management account being debited by an amount equal to the amount paid.

Repayment (2) The Secretary may, by written notice given to the third person, require the third person to repay to the Commonwealth (as a debt due to the Commonwealth) so much of the amount paid as has not been applied by the relevant account holder for the purposes of the acquisition of goods or services.

Note: For debt recovery, see Chapter 5 of the 1991 Act.
Crediting of amounts (3) If: (a) the Secretary gives the third person a notice under subsection (2); and (b) the Secretary is aware of the amount (the relevant amount) that has not been applied by the relevant account holder for the purposes of the acquisition of goods or services; the Secretary may determine, in writing, that the first person’s income management account is to be credited by an amount equal to the relevant amount.
(4) If the Secretary makes a determination under subsection (3), then an amount equal to the relevant amount is: (a) credited to the Income Management Record; and (b) credited to the first person’s income management account.
123ZI Breach of condition relating to crediting of account Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and 384 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Debt recovery etc.
Division 8 Section 123ZIA (b) under section 123YI or 123YJ, the Secretary has paid an amount to a third person; and (c) the payment resulted in the first person’s income management account being debited by an amount equal to the amount paid; and (d) the third person has breached a condition of the payment.
Recovery (2) So much of the amount paid as has not been applied by the relevant account holder for the purposes of the acquisition of goods or services is a debt due by the third person to the Commonwealth.

Note: For debt recovery, see Chapter 5 of the 1991 Act.
Crediting of amounts (3) If the Secretary is aware of the amount (the relevant amount) that has not been applied by the relevant account holder for the purposes of the acquisition of goods or services, the Secretary may determine, in writing, that the first person’s income management account is to be credited by an amount equal to the relevant amount.
(4) If the Secretary makes a determination under subsection (3), then an amount equal to the relevant amount is: (a) credited to the Income Management Record; and (b) credited to the first person’s income management account.
123ZIA Balance of income management account falls below value of action taken under Division 6 Scope (1) This section applies if: (a) the Secretary takes action under Division 6 that requires an amount (the initial amount) to be debited from a person’s income management account; and Social Security (Administration) Act 1999 385 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 8 Debt recovery etc.
Section 123ZJ (b) at any time between the taking of the action and the recording of the debit as mentioned in subsection 123ZNA(2), the balance of the person’s account falls below an amount equal to the initial amount.

Note: The recording of the debiting of the initial amount may leave the person’s income management account having a debit balance, but subsections (2) and (3) allow a credit to that account of an amount equal to the initial amount.
Crediting of amounts (2) The Secretary may determine, in writing, that the person’s income management account is to be credited by an amount equal to the initial amount.

(3) If the Secretary makes a determination under subsection (2), then an amount equal to the initial amount is: (a) credited to the Income Management Record; and (b) credited to the person’s income management account.
Debt (4) If the Secretary makes a determination under subsection (2), then an amount equal to the initial amount is a debt due by the person to the Commonwealth.

Note: For debt recovery, see Chapter 5 of the 1991 Act.
123ZJ Value of action taken under Division 6 exceeds credit balance of income management account Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) the Secretary purports to take action under Division 6; and 386 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Debt recovery etc.
Division 8 Section 123ZJ (c) apart from this section, the action is invalid because of a breach of whichever of the following requirements is applicable under Division 6: (i) in the case of giving a voucher—the requirement that the face value of the voucher must not exceed the credit balance of the first person’s income management account; (ii) in the case of giving a stored value card—the requirement that the monetary value stored on the card must not exceed the credit balance of the first person’s income management account; (iii) in the case of increasing the monetary value stored on a stored value card—the requirement that the increase in the monetary value must not exceed the credit balance of the first person’s income management account; (iv) in the case of paying an amount—the requirement that the amount paid must not exceed the credit balance of the first person’s income management account; (v) in the case of taking an action under subsection 123YQ(2)—the requirement that the non-administrative expenses paid by the Commonwealth in relation to the taking of the action must not exceed the credit balance of the first person’s income management account; and (d) the breach was the result of an administrative error or oversight.
Validation (2) Both: (a) the action taken by the Secretary; and (b) the resulting debit from the first person’s income management account; are as valid as they would have been if: (c) the requirement mentioned in paragraph (1)(c) were not applicable to the action; and Social Security (Administration) Act 1999 387 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 8 Debt recovery etc.
Section 123ZJ (d) this Part had allowed the first person’s income management account to have a debit balance.

(2A) To avoid doubt, the action to which subparagraph (1)(c)(ii), (iii), (iv) or (v) applies is covered by paragraph 123ZN(1)(e), (f), (g) or (h) (as the case requires).
Relevant excess (3) For the purposes of this section, the relevant excess is: (a) in the case of giving a voucher—the amount by which the face value of the voucher exceeds the credit balance of the first person’s income management account; or (b) in the case of giving a stored value card—the amount by which the monetary value stored on the card exceeds the credit balance of the first person’s income management account; or (c) in the case of increasing the monetary value stored on a stored value card—the amount by which the increase in the monetary value exceeds the credit balance of the first person’s income management account; or (d) in the case of paying an amount—the amount by which the amount paid exceeds the credit balance of the first person’s income management account; or (e) in the case of taking an action under subsection 123YQ(2)— the amount by which the non-administrative expenses paid by the Commonwealth in relation to the taking of the action exceeds the credit balance of the first person’s income management account.
Crediting of amounts (4) An amount equal to the relevant excess is: (a) credited to the Income Management Record; and (b) credited to the first person’s income management account.

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Division 8 Section 123ZJA Recovery (5) An amount equal to the relevant excess is a debt due by the first person to the Commonwealth.
Note: For debt recovery, see Chapter 5 of the 1991 Act.

123ZJA Action purportedly taken under Division 6 as a result of administrative error Scope (1) This section applies if: (a) the Secretary purports to take action under Division 6; and (b) apart from this section, the action is invalid; and (c) the action is due to an administrative error.
Relevant excess (2) If the action purportedly taken results in an amount (an excess amount) being credited to a person’s income management account in error, the Secretary may determine, in writing, that: (a) the person’s income management account is to be debited by one or more amounts equal to the excess amount; or (b) the person must repay to the Commonwealth, as a debt due to the Commonwealth, an amount equal to the excess amount.

Note: Paragraph (b)—for debt recovery, see Chapter 5 of the 1991 Act.
(3) If the Secretary makes a determination under paragraph (2)(a): (a) the Income Management Record is debited by one or more amounts equal to the excess amount; and (b) the person’s income management account is debited by one or more amounts equal to the excess amount.
Debt due to the Commonwealth (4) If the action purportedly taken results in an amount (an excess amount) being paid to a person in error and the person does not Social Security (Administration) Act 1999 389 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 8 Debt recovery etc.

Section 123ZJA have an income management account, an amount equal to the excess amount is a debt due by the person to the Commonwealth.
Note: For debt recovery, see Chapter 5 of the 1991 Act.

(5) If the action purportedly taken results in a voucher being given to a person in error, an amount equal to the face value of the voucher is a debt due by the person to the Commonwealth.

Note: For debt recovery, see Chapter 5 of the 1991 Act.
(6) If the action purportedly taken results in a stored value card being given to a person in error, an amount equal to the monetary value of the stored value card is a debt due by the person to the Commonwealth.

Note: For debt recovery, see Chapter 5 of the 1991 Act.
(7) Subject to subsection (8), if the action purportedly taken results in a payment being made to the credit of an account held by a person with: (a) a bank; or (b) a person specified in a legislative instrument made by the Secretary for the purposes of subparagraph 123YK(2)(a)(ii) or (b)(ii) or 123YL(2)(a)(ii) or (b)(ii); in error, an amount equal to the amount of the payment is a debt due by the person to the Commonwealth.

Note: For debt recovery, see Chapter 5 of the 1991 Act.
(8) If an account mentioned in subsection (7) is held by a person jointly or in common with another person, each account holder is jointly and severally liable for the payment of a debt due to the Commonwealth under that subsection.

(9) If the action purportedly taken results in a payment being made to a person by way of a cheque or cash, and the payment is made in error, an amount equal to the amount of the payment is a debt due by the person to the Commonwealth.
Note: For debt recovery, see Chapter 5 of the 1991 Act.

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Division 8 Section 123ZJA Crediting of amounts (10) If the action purportedly taken results in an amount (a shortfall amount) being debited from a person’s income management account in error, an amount equal to the shortfall amount must be: (a) credited to the Income Management Record; and (b) credited to the person’s income management account.

(11) A determination made under subsection (2) is not a legislative instrument.
Social Security (Administration) Act 1999 391 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 9 Miscellaneous Section 123ZK Division 9—Miscellaneous 123ZK Secretary must comply with certain directions given by the Queensland Commission Deductible portion (1) If: (a) a person is subject to the income management regime under section 123UF; and (b) under a law of Queensland, the Queensland Commission gives the Secretary a written direction about the exercise of a power of the Secretary under subsection 123XM(3), 123XN(3), 123XO(3) or 123XP(3) in relation to the person; the Secretary must comply with the direction.
Debits from income management accounts (2) If: (a) a person is subject to the income management regime under section 123UF; and (b) under a law of Queensland, the Queensland Commission gives the Secretary a written direction about the exercise of a power of the Secretary under Division 6 that results in a debit from the person’s income management account; the Secretary must comply with the direction.
123ZL Surrender of unused vouchers and unused stored value cards Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) either: 392 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Miscellaneous Division 9 Section 123ZM (i) the Secretary has given the first person or another person a voucher under subsection 123YC(2) or 123YD(2); or (ii) the Secretary has given the first person or another person a stored value card under subsection 123YE(2), 123YF(2), 123YM(2), 123YN(2), 123YO(2) or 123YP(2); and (c) as a result of the taking of the action referred to in paragraph (b), the first person’s income management account has been debited by a particular amount (the debited amount); and (d) the voucher or stored value card has not been used.
Surrender of voucher or stored value card (2) The voucher or stored value card may be surrendered to the Secretary.

Income Management Record to be credited (3) If, under subsection (2), the voucher or stored value card is surrendered to the Secretary, an amount equal to the debited amount is credited to the Income Management Record.
First person’s income management account to be credited (4) If, under subsection (2), the voucher or stored value card is surrendered to the Secretary, an amount equal to the debited amount is credited to the first person’s income management account.

123ZM Vouchers (1) The Secretary may, on behalf of the Commonwealth, purchase vouchers to be given under subsection 123YC(2) or 123YD(2).
(2) The Secretary may, on behalf of the Commonwealth: Social Security (Administration) Act 1999 393 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 9 Miscellaneous Section 123ZN (a) issue vouchers to be given under subsection 123YC(2) or 123YD(2); and (b) enter into agreements with the suppliers of goods or services under which the suppliers undertake to accept those vouchers in consideration for the supply of goods or services.
(3) Subsections (1) and (2) do not limit the executive power of the Commonwealth.

(4) To the extent to which: (a) the issue of vouchers under paragraph (2)(a); or (b) an agreement entered into under paragraph (2)(b); involves a borrowing of money by the Commonwealth, that borrowing is authorised by this subsection.
Note: Subsection 56(1) of the Public Governance, Performance and Accountability Act 2013 provides that an agreement for the borrowing of money by the Commonwealth is of no effect unless the borrowing is expressly authorised by or under an Act.
123ZN Appropriation (1) The Consolidated Revenue Fund is appropriated to the extent necessary for the purposes of: (aa) making payments under paragraph 123UF(4)(a) or subsection 123UP(2); and (a) making payments under subsection 123WJ(4), (7) or (11) or 123WL(3); and (b) enabling the Secretary to set off an amount under subsection 123WJ(14); and (c) making a purchase mentioned in subsection 123ZM(1); and (d) making a payment of an amount payable by the Commonwealth under an agreement mentioned in paragraph 123ZM(2)(b); and (e) enabling the Secretary to give a stored value card under subsection 123YE(2), 123YF(2), 123YM(2), 123YN(2), 123YO(2) or 123YP(2); and 394 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Income management regime Part 3B Miscellaneous Division 9 Section 123ZNA (f) enabling the Secretary to increase, under subsection 123YE(2) or 123YF(2), the monetary value stored on a stored value card; and (g) enabling the Secretary to pay an amount under subsection 123YG(2), 123YH(2), 123YI(2), 123YJ(2), 123YK(2), 123YL(2), 123YM(2), 123YN(2), 123YO(2) or 123YP(2); and (h) paying or discharging expenses incurred by the Commonwealth in relation to action taken by the Secretary under subsection 123YQ(2); and (i) making a payment to cover an invalid action, as mentioned in subsection 123ZJA(1).
(2) To avoid doubt, subsection (1) is the only provision of this Part that appropriates the Consolidated Revenue Fund.

123ZNA Recording of amounts in accounts and records (1) This section applies to: (a) the crediting of an amount to the Income Management Record, or to a person’s income management account, under this Part; and (b) the debiting of an amount from the Income Management Record, or from a person’s income management account, under this Part.
(2) The crediting or debiting takes effect at the time an entry recording the crediting or debiting is made in the accounts and records of the Department or the Human Services Department.

123ZO This Part has effect despite other provisions etc.
This Part has effect despite anything in: (a) any other provision of this Act; or (b) the 1991 Act; or (c) the Family Assistance Act; or Social Security (Administration) Act 1999 395 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3B Income management regime Division 9 Miscellaneous Section 123ZO (d) the Family Assistance Administration Act; or (e) the Student Assistance Act 1973; or (f) the Veterans’ Entitlements Act.
396 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Social Security (Administration) Act 1999 No.

191, 1999 This future law compilation was prepared on 9 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: sections 1–123ZO sections 124–257 Schedules Endnotes 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 (Administration) Act 1999 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 Part 3C—Schooling requirements 1 Division 1—General 124 124A 124B 124C 124D 124E 1 Scope......................................................................1 Enrolment and attendance at school ......................2 Schooling requirement child..................................2 Schooling requirement determination....................3 Schooling requirement payments...........................3 Application to payments under the Veterans’ Entitlements Act ....................................................4 Division 2—School enrolment Division 3—School attendance notices 124F 124G 124H 124J 124K 124L 124M 124N 124NA 124NB 124NC 124ND 124NE 124NF 124NG 6 School enrolment—enrolment notices...................6 School enrolment—condition of schooling requirement payments............................................7 School enrolment—suspension or cancellation for non-compliance with enrolment notice..................8 School enrolment—when payments become payable after suspension ........................................9 12 School attendance—attendance notices...............12 School attendance—condition of schooling requirement payments..........................................13 School attendance—suspension or cancellation for non-compliance with attendance notice...............14 School attendance—when payments become payable after suspension ......................................15 18 When this Division applies ..................................18 Conference
 notices...............................................18 School attendance plans.......................................18 Compliance notices..............................................19 School attendance—condition of schooling requirement payments..........................................20 School attendance—suspension or cancellation for non-compliance with compliance notice .............21 School attendance—when payments become payable after suspension ......................................22 Division 3A—School attendance plans Social Security (Administration) Act 1999 i Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Division 4—Information about schooling 26 124P Schooling requirements—information about schooling..............................................................26 Division 5—General provisions 124PA 27 Relationship between Divisions of this Part ........27 Part 3D—Cashless welfare arrangements 28 Division 1—Introduction 124PB 124PC 124PD 124PE 28 Simplified outline of this Part..............................28 Objects .................................................................28 Definitions ...........................................................28 Community body .................................................33 Division 2—Persons subject to cashless welfare arrangements 34 Subdivision A—Program participants 124PF 124PG 124PGA 124PGB 124PGC 124PGD 124PGE 34 Sunset
 provision...................................................34 Program participants—Ceduna area ....................34 Program participants—East Kimberley area .......36 Program participants—Goldfields area ...............37 Program participants—Bundaberg and Hervey Bay area ...............................................................39 Program participants—Cape York area...............40 Program participants—Northern Territory ..........40 Subdivision B—Voluntary participation in cashless welfare arrangements 44 Voluntary participants..........................................44 124PH Subdivision C—When persons not subject to cashless welfare 124PHA 124PHB arrangements 45 Person’s mental, physical or emotional wellbeing at serious risk .......................................................45 Person can responsibly manage the person’s affairs ...................................................................46 Division 3—Cashless welfare arrangement rules 50 124PJ Subdivision A—Splitting and payment of restrictable payments 50 Restrictable payment to be split into restricted and unrestricted portions ............................................50 Secretary must comply with directions given by a community body ..................................................54 124PK ii Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege 124PL Payment of restricted portion of restrictable
 payment................................................................55 Subdivision B—Recipient’s use of restrictable payments etc.
55 124PM Recipient’s use of funds from restrictable payments ..............................................................55 Division 4—Information 124PN 124PO 124POA 124POB 124POC 124POD 57 Disclosure of information to the Secretary— financial institution ..............................................57 Disclosure of information to the Secretary— community body ..................................................57 Disclosure of information to community body— person ceases to be a program participant or voluntary participant ............................................58 Disclosure of information—Queensland Commission .........................................................58 Disclosure of information—child protection officer of Northern Territory................................59 Disclosure of information—officer or employee of recognised State/Territory authority of Northern Territory ...............................................................60 Division 5—Miscellaneous 124PP 124PQ 62 Welfare restricted bank accounts.........................62 Exceptions to Part IV of the Competition and Consumer Act 2010..............................................62 Cash-like products ...............................................63 This Part has effect despite other provisions etc..63 Evaluation of review of Part’s operation .............63 65 65 Application of Part to decisions under repealed laws ......................................................................65 Decisions by officers under instruments..............65 66 Review of decisions by Secretary........................66 Review of determination of youth allowance rate in relation to maintenance income .......................66 Decisions that are not reviewable by the Secretary .............................................................................67 124PQA 124PR 124PS 125 126 126A 127 Part 4—Internal review of decisions Division 1—Effect of Part 124Q Division 2—Internal review Social Security (Administration) Act 1999 iii Future compilation
 prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege 128 129 130 131 132 135 136 137 138 Notice to AAT Registrar......................................68 Application for review .........................................68 Withdrawal of application ...................................69 Secretary may continue payment pending outcome of application for review......................................70 Guidelines for exercise of Secretary’s power to continue payment.................................................71 Review of decisions following application under section 129 ...........................................................72 Notice of decision on review ...............................72 Certain decisions not to be revived......................72 Notification of further rights of review................75 138A 138B relating to student start-up loans Division 2A—Internal review of certain Commissioner decisions 77 Decisions reviewable under this Division ...........77 Commissioner must give reasons for reviewable decisions...............................................................77 Reviewer of decisions..........................................77 Reviewer may reconsider reviewable decisions ..78 Notice to AAT Registrar......................................78 Reconsideration of reviewable decisions on request..................................................................79 Withdrawal of request..........................................80 AAT review of reviewable decisions...................80 Decision changed before AAT review completed .............................................................................80 138C 138D 138E 138F 138G 138H 138J Part 4A—Review by the AAT Division 1—Preliminary 139 82 Simplified outline of this Part..............................82 82 Division 2—AAT first review 83 Subdivision A—Preliminary 140 140A 142 142A 83 Application of Division .......................................83 Definitions of employment pathway
 plan decision and section 525B decision....................................83 84 Reviewable decisions...........................................84 Person who made the decision.............................84 Subdivision B—AAT first review: applications iv Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege 143 144 145 146 Application requirement—employment pathway plan decisions.......................................................85 Non-reviewable decisions....................................85 Secretary may continue payment pending outcome of application for review......................................86 Guidelines for exercise of Secretary’s power to continue payment.................................................88 Subdivision C—AAT first review: relationship with AAT Act 88 Application and modification of AAT Act ..........88 147 Subdivision D—AAT first review: other matters 92 148 165 165A 166 168 176 177 178 Procedure on receipt of application for AAT first review...................................................................92 Provision of further information by Secretary.....92 Power to obtain information or documents..........92 Exercise by Secretary of powers under section 192 .............................................................................93 Hearing in private ................................................93 Costs of review ....................................................93 Assessment of rate of social security payment ....94 Notification of decisions and reasons for AAT first review...................................................................94 Division 3—AAT second review 96 Subdivision A—AAT second review: applications 96 Application for AAT second review....................96 179 Subdivision B—AAT second review: relationship with AAT Act 96 Application and modification of AAT Act ..........96 180 Division 4—Matters relating to AAT first review and AAT second
 review 98 Settlement of proceedings before the AAT .........98 Variation or substitution of decision before AAT review determined................................................98 Secretary or AAT may treat event as having occurred ...............................................................98 Part 5—Information management 100 Division 1—Information gathering 100 Application of Division .....................................100 181 182 183 191 Social Security (Administration) Act 1999 v Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege 191A 192 193 194 195 196 197 197A 197B 198 Reasonable belief needed to require information or documents ..........................................................100 General power to obtain information.................100 Power to obtain information from a person who owes a debt to the Commonwealth ....................101 Obtaining information about a person who owes a debt to the Commonwealth ................................102 Obtaining information to verify claims etc........102 Written notice of requirement............................107 Offence—failure to comply with requirement...108 Self-incrimination ..............................................108 Use of information in investigations etc.
...........109 Relationship with other laws..............................109 Division 2—End-of-employment statements Division 3—Confidentiality 199 200 201 201A 202 202A 203 204 204A 205 206 207 208 209 210 111 Request for end-of-employment statement........111 Offence—failure to give end-of-employment statement ............................................................111 112 Operation of Division ........................................112 Definitions .........................................................112 Permitted obtaining of, making a record of, disclosure of or use of protected information ....113 Obtaining of, making a record of, disclosure of or use of protected information relating to taxation information.........................................................118 Offence—unauthorised obtaining of protected information.........................................................119 Offence—unauthorised making a record of, disclosure of or use of protected information ....120 Use of tax file numbers......................................120 Offence—soliciting disclosure of protected information.........................................................121 Offence—offering to supply protected information ...........................................................................121 Protection of certain documents etc.
from production to court etc.
......................................122 Disclosure of information by Secretary .............122 Guidelines for exercise of Secretary’s disclosure powers................................................................124 Officer’s declaration ..........................................124 vi Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 6—Offences 125 Division 1—Preliminary 211 125 Application of Part.............................................125 Division 2—Offences 126 212 213 214 215 216 Division 3—Penalties 217 218 219 False statement in connection with claim or hardship request .................................................126 False statement to deceive or affect rates ..........126 False statement or document..............................127 Obtaining payment that is not payable ..............127 Payment obtained through fraud etc.
.................128 130 Penalty for contravention of Division 2.............130 Repayment of social security payment ..............130 Penalty where person convicted of more than one offence ...............................................................130 Division 4—Procedural matters Division 5—Liability of certain employers and principals for offences 133 Subdivision A—Interpretation Subdivision C—Proceedings against non-corporations 131 Joining of charges ..............................................131 Particulars of each offence.................................131 Trial of joined charges .......................................131 Evidentiary effect of Secretary’s certificate ......131 Enforcement of court certificate as judgment....132 133 State of mind of a person ...................................133 Offence...............................................................133 133 State of mind of individual ................................133 Conduct of employee or agent ...........................134 Exclusion of imprisonment as penalty for certain offences..............................................................134 220 221 222 223 224 225 228 231 232 233 Part 7—Miscellaneous 234 235 236 135 Delegation..........................................................135 Authorised review officers.................................136 Decisions to be in writing ..................................136 Social Security (Administration) Act 1999 vii Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive
 // Legal Privilege 237 238 239 240 240A 240B 240C 241 242 243 243A Notice of decisions.............................................136 Payments to Commissioner of Taxation or the Child Support Registrar .....................................137 Judicial notice of certain matters .......................138 Documentary evidence ......................................138 Form of cards .....................................................140 Restrictions on listing of dependants .................141 Issue of replacement card on expiry of certain concession cards ................................................142 Annual report .....................................................143 Appropriation.....................................................143 Regulations ........................................................143 Review of operation of Youth Jobs PaTH program ...........................................................................144 Part 8—Transitional and saving provisions 244 245 246 247 248 249 250 251 252 255 256 257 146 Construction of references to 1991 Act .............146 Correspondence of provisions ...........................146 Saving of social security payments and concession cards ...................................................................147 Saving of instruments under 1991 Act ..............147 Saving of claims for social security payments and concession cards ................................................148 Transitional instalment
 period ...........................148 Application for amount owing at recipient's death ...........................................................................149 Power to obtain information about events etc.
before 20 March 2000........................................149 Unfinished reviews by Secretary .......................149 Saving of steps in review process ......................150 Entitlements and liabilities.................................150 Transitional regulations .....................................151 Schedule 1—Dictionary 1 152 Definitions .........................................................152 Schedule 2—Rules for working out start day 158 Part 1—Introductory 1 158 Definitions .........................................................158 viii Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege 2 Different start days under Parts 2 and 3.............158 Part 2—General rules 3 4 4A 5 5A 6 160 Start day—general rule ......................................160 Start day—early claim .......................................161 Start day for jobseeker payment and youth allowance if claimant required to attend interview ...........................................................................162 Effect of exclusion period..................................164 Start day for parenting payment if one member of a couple fails to comply with certain participation payment obligations...........................................165 Saving ................................................................166 Part 3—Backdated start day Division 1—Explanatory 7 167 Explanation of Part ............................................167 167 Division
167 Division 2—Rules applying to all or most social security payments 168 Claim made soon after partner’s claim ..............168 Claim by transferee............................................168 Claim soon after childbirth ................................169 Incapacitated claimant .......................................169 Claim after death of partner ...............................170 Claim for social security payment following claim for AGDRP ........................................................170 Division 3—Rules applying to particular social security payments 15 15A 18 19 28 29 171 Certain persons subject to cancellation of austudy payment, jobseeker payment, youth allowance or special benefit ....................................................171 Carer payment claimed on or after 1 July 2009 and before 1 October 2009 .......................................171 Double orphan pension ......................................172 Double orphan pension—claim following death of former recipient..................................................172 Jobseeker payment—claimant for disability support pension ..................................................172 Parenting payment .............................................173 Social Security (Administration) Act 1999 ix Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege 30 31 32 34 35 36 Pensioner education supplement........................173 Pensioner education supplement: claim before 1 April
 ................................................................173 Pensioner education supplement: claim before 1 August.............................................................174 Youth allowance: incapacitated claimant ..........174 Youth allowance—claimant for disability support pension ...............................................................174 Youth allowance—initial claim for family tax benefit ................................................................175 Division 4—Rules applying to health care cards 176 37 Health care cards, other than automatic issue health care cards.................................................176 Schedule 5—Provisions relating to the Chief Executive 178 References to the Secretary and the Department— requirements etc.
by delegate.............................178 References to the Secretary and the Department— directions by Secretary.......................................179 Centrelink etc.
1 2 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history 181 181 183 184 212 x Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schooling requirements Part 3C General Division 1 Section 124 Part 3C—Schooling requirements Division 1—General 124 Scope (1) This Part applies to a person (a schooling requirement person) in relation to another person (a child) at a particular time if: (a) either of the following applies at that time in relation to a schooling requirement payment: (i) a claim by the person for the payment is being determined (under this Act or the Veterans’ Entitlements Act); (ii) a claim by the person for the payment has been granted, and the payment has not been cancelled (under this Act or the Veterans’ Entitlements Act); and (b) either: (i) the child is a schooling requirement child of the person at that time; or (ii) the child was a schooling requirement child of the person at any time within a period provided by the schooling requirement determination before that time; and (c) the child is required, under a law of a State or Territory: (i) to be enrolled at a school; or (ii) to attend a school at times required under that law.
(2) If this Part ceases to apply to a person while the person’s schooling requirement payment is suspended under this Part, then, despite that cessation, section 124J, 124N or 124NG, as the case requires, is taken to apply in relation to the person and, for this purpose, the reconsideration day for the purposes of that section is taken to be the day of that cessation.
Social Security (Administration) Act 1999 1 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3C Schooling requirements Division 1 General Section 124A Note: Sections 124J, 124N and 124NG deal with when payments become payable after suspension.
124A Enrolment and attendance at school (1) In this Part: attendance, at a school, includes attendance at a place, for the purpose of schooling, that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to attend a school.

enrolment, at a school, includes anything, for the purpose of schooling, that is acceptable under a law of a State or Territory as an alternative to a requirement under that law to enrol at a school.
person responsible, for the operation of a school, includes: (aa) a person included in a class of persons specified in an instrument under subsection (2); and (a) a person responsible for schooling (or for the administration of schooling) at a place, other than a school, to which the definition of attendance applies; and (b) a person responsible for schooling (or for the administration of schooling) in relation to which alternative enrolment of a kind mentioned in the definition of enrolment applies.
(2) The Minister may, by legislative instrument, specify a class of persons for the purposes of paragraph (aa) of the definition of person responsible in subsection (1).
124B Schooling requirement child Schooling requirement child (1) For the purposes of this Act, a person (the first person) is a schooling requirement child of another person at a particular time if: 2 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schooling requirements Part 3C General Division 1 Section 124B (a) at that time, the first person is a dependent child of the other person; or (b) all of the following conditions are satisfied: (i) that time occurs during a schooling requirement period; (ii) under a family law order, or a registered parenting plan or parenting plan (within the meaning of the Family Law Act 1975), that is in force during the schooling requirement period, the first person is supposed to live or spend time with the other person; (iii) assuming the family law order, registered parenting plan or parenting plan were complied with during the schooling requirement period, the first person would have been in the other person’s care for at least 14% of that period.
Schooling requirement period (2) For the purposes of subsection (1), a schooling requirement period is a period worked out in accordance with the schooling requirement determination.

(3) A period worked out under subsection (2) may be a recurring period (for example, a fortnight).

(4) For the purposes of this section, it is immaterial whether a schooling requirement period begins before or after the commencement of this section.
Family law order (5) In this section: family law order has the same meaning as in section 123TC.

Social Security (Administration) Act 1999 3 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3C Schooling requirements Division 1 General Section 124C 124C Schooling requirement determination For the purposes of this Part, the Minister may, by legislative instrument, make a determination (the schooling requirement determination) relating to school enrolment and attendance.
124D Schooling requirement payments In this Act: schooling requirement payment means: (a) a social security benefit; or (b) a social security pension; or (c) one of the following payments under the Veterans’ Entitlements Act: (i) Defence Force Income Support Allowance; (ii) income support supplement; (iii) service pension; (iv) veteran payment.
124E Application to payments under the Veterans’ Entitlements Act (1) For the purposes of this Part, the provisions of this Act covered by subsection (2) apply (to the extent mentioned in that subsection) in relation to schooling requirement payments that are made under the Veterans’ Entitlements Act as if the payments were schooling requirement payments that are social security payments.
(2) The provisions of this Act covered by this subsection are as follows: (a) Part 1 (which includes provisions relating to the application of the Criminal Code and interpretation); (b) section 85 and Division 9 of Part 3, to the extent that these provisions relate to the cancellation of schooling requirement payments under this Part; Note: These provisions deal with the reconsideration of decisions in relation to social security payments.
4 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schooling requirements Part 3C General Division 1 Section 124E (c) Division 10 of Part 3 (continuing effect of determinations), to the extent that the Division relates to the suspension and cancellation of schooling requirement payments under this Part; (d) Parts 4 and 4A (review of decisions), to the extent that the Part relates to the suspension and cancellation of schooling requirement payments under this Part; (e) Part 5 (information management), to the extent necessary or convenient for the administration of this Part; (f) Part 6 (offences), to the extent that the Part relates to acts or omissions occurring in relation to the administration of this Part; (g) Part 7 (which includes provisions relating to delegations and regulations etc.
), to the extent necessary or convenient for the administration of this Part; (h) Schedule 1 (Dictionary).
Social Security (Administration) Act 1999 5 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3C Schooling requirements Division 2 School enrolment Section 124F Division 2—School enrolment 124F School enrolment—enrolment notices Enrolment notices generally (1) The Secretary may give a notice (an enrolment notice) to a schooling requirement person about the person’s child, requiring the person to give the Secretary evidence (in accordance with the notice) that the child is enrolled at a school as required by a law of a State or Territory.
(2) Without limiting subsection (1), an enrolment notice may require evidence of enrolment to be given in the form of a written or oral statement by the schooling requirement person, or another person, confirming enrolment.
(3) The enrolment notice must give details of: (a) how to comply with the notice; and (b) the initial period for compliance with the notice, and the Secretary’s power to extend that period (see subsections (4) and (5)); and (c) the consequences under this Division of not complying with the notice.

Initial period for compliance (4) The enrolment notice must state an initial period for compliance with the notice of at least 14 days after the notice is given.
(5) The Secretary may extend the initial period for compliance stated in the enrolment notice before or after the end of the stated period.
6 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schooling requirements Part 3C School enrolment Division 2 Section 124G 124G School enrolment—condition of schooling requirement payments (1) A schooling requirement payment is not payable to a schooling requirement person if the person fails to comply with an enrolment notice given to the person under section 124F.
(2) Subsection (1) does not apply to the schooling requirement person in relation to an enrolment notice, as at a particular day, if: (a) the initial compliance period stated in the notice (as extended, if at all, under subsection 124F(5)) has not ended at that day; or (b) the Secretary is satisfied that: (i) as at that day, the person has a reasonable excuse, as determined in accordance with the schooling requirement determination (if any), for failing to comply with the enrolment notice; or (ii) in the special circumstances of the case applying as at that day, as determined in accordance with the schooling requirement determination (if any), it is appropriate that the subsection should not apply as at that day.
(3) A schooling requirement payment cannot be suspended, or cancelled, because of the application of subsection (1) except as provided by section 124H.

(4) For a schooling requirement payment under the Veterans’ Entitlements Act: (a) this section does not apply in relation to the grant of the payment; but (b) this section otherwise applies in relation to the payment.
Social Security (Administration) Act 1999 7 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3C Schooling requirements Division 2 School enrolment Section 124H 124H School enrolment—suspension or cancellation for non-compliance with enrolment notice Scope (1) This section applies if, as at a particular day: (a) a schooling requirement person has been given an enrolment notice; and (b) a schooling requirement payment is not payable to the person because subsection 124G(1) applies to the person as at that day.
Note: Section 124G provides that a schooling requirement payment is not payable to a person if he or she fails to comply with an enrolment notice after the end of the initial compliance period (unless he or she has a reasonable excuse or special circumstances apply).
Suspension or cancellation of payment (2) The Secretary must: (a) if the payment has been suspended under this section for a total period of 13 weeks or more (which need not be a continuous period) in relation to compliance with the enrolment notice—determine that the payment is to be suspended or cancelled; or (b) in any other case—determine that the payment is to be suspended.
Payment may be suspended more than once (3) The Secretary may make more than one determination under subsection (2) in relation to compliance with a particular enrolment notice.

Note: Following suspension of a schooling requirement payment, the payment may become payable again under section 124J.

Subsection 124H(3) allows for a further suspension of the payment even after the payment has become payable again.
8 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schooling requirements Part 3C School enrolment Division 2 Section 124J Payment may be suspended even if not yet received (4) The Secretary may suspend a schooling requirement person’s schooling requirement payment under this section even if the person has not started to receive the payment.
Note: An enrolment notice may be given to a claimant for a schooling requirement payment (see section 124 (Scope)).

The claim may be granted even if subsection 124G(1) applies to the person.

However, in that event, the Secretary must suspend the payment under this section (before it has started).
124J School enrolment—when payments become payable after suspension Scope (1) This section applies if, on a particular day (the reconsideration day): (a) a person’s schooling requirement payment has been, and remains, suspended under section 124H; and (b) the Secretary has reconsidered the decision to suspend the payment (whether on an application under section 129 or on his or her own initiative); and (c) as a result of the reconsideration, the Secretary is satisfied that, as at the reconsideration day, subsection 124G(1) no longer applies to the person.
Note 1: Note 2: The cancellation of a schooling requirement payment may be reconsidered under section 85.

Section 124G provides that a schooling requirement payment is not payable to a person if he or she fails to comply with an enrolment notice after the end of an initial compliance period (unless he or she has a reasonable excuse or special circumstances apply).
Determination that payment is payable (2) The Secretary must determine: (a) that the schooling requirement payment is payable to the schooling requirement person (subject to any other provision Social Security (Administration) Act 1999 9 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3C Schooling requirements Division 2 School enrolment Section 124J of the social security law or the Veterans’ Entitlements Act, as the case requires); and (b) that any arrears resulting from the operation of this section are to be paid at a time, or times, stated in the determination under this subsection (or worked out in accordance with that determination).
Entitlement to arrears—suspension for total period of up to 13 weeks (3) If the payment has been suspended under section 124H for a total period of less than 13 weeks (which need not be a continuous period) in relation to compliance with a particular enrolment notice, the date of effect of the determination under subsection (2) is the day on which the latest suspension determination was made under section 124H in relation to such compliance.
Note: A schooling requirement payment may be suspended more than once under section 124H (see subsection 124H(3)).
Entitlement to arrears—suspension for total period of 13 weeks or more (4) If subsection (3) does not apply, the date of effect of the determination under subsection (2) is: (a) the reconsideration day; or (b) an earlier day stated by the Secretary in that determination to be appropriate, in the special circumstances of the case applying as at the reconsideration day, as determined in accordance with the schooling requirement determination (if any).
(5) For the purposes of subsection (4), the Secretary may vary a determination under subsection (2) to state an earlier date of effect, if the determination: (a) does not include such a statement; or (b) includes such a statement in relation to a later day.
10 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schooling requirements Part 3C School enrolment Division 2 Section 124J How arrears are paid (6) Arrears resulting from the operation of this section may be paid to the person as a lump sum payment, a series of regular payments, or otherwise, as provided by the determination under subsection (2).
(7) The person is entitled to a payment, or payments, of arrears arising from the operation of this section at the time, or times, provided by the determination under subsection (2).

Non-application of general provisions for date of effect (8) Division 9 of Part 3 (date of effect of determinations) does not apply in relation to a determination under subsection (2).
Social Security (Administration) Act 1999 11 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3C Schooling requirements Division 3 School attendance notices Section 124K Division 3—School attendance notices 124K School attendance—attendance notices Scope (1) This section applies if: (a) a schooling requirement person’s child is enrolled at a school in a State or Territory; and (b) a person responsible for the operation of the school gives the Secretary written notice that: (i) the child is failing to attend school, as required by the law of that State or Territory, to the satisfaction of the person responsible; and (ii) the schooling requirement person is failing to take reasonable steps to ensure that the child attends school, as required by the law of that State or Territory, to the satisfaction of the person responsible.
Attendance notice (2) The Secretary may give a notice (an attendance notice) to the schooling requirement person, requiring the person to take reasonable steps, as determined in accordance with the schooling requirement determination (if any), to ensure that the child attends school as required by the law of that State or Territory.
(3) The attendance notice must give details of: (a) how to comply with the notice; and (b) the initial period for compliance with the notice, and the Secretary’s power to extend that period (under subsections (4) and (5)); and (c) the consequences under this Division of not complying with the notice.
12 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schooling requirements Part 3C School attendance notices Division 3 Section 124L Initial period for compliance (4) The attendance notice must state an initial period for compliance with the notice of at least 28 days after the notice is given.

(5) The Secretary may extend the initial period for compliance stated in the attendance notice before or after the end of the stated period.
124L School attendance—condition of schooling requirement payments (1) A schooling requirement payment is not payable to a schooling requirement person if the person fails to comply with an attendance notice given to the person under section 124K.
(2) Subsection (1) does not apply to the schooling requirement person in relation to an attendance notice, as at a particular day, if: (a) the initial compliance period stated in the notice (as extended, if at all, under subsection 124K(5)) has not ended at that day; or (b) the Secretary is satisfied that: (i) as at that day, the person has a reasonable excuse, as determined in accordance with the schooling requirement determination (if any), for failing to comply with the attendance notice; or (ii) in the special circumstances of the case applying as at that day, as determined in accordance with the schooling requirement determination (if any), it is appropriate that the subsection should not apply as at that day.
(3) A schooling requirement payment cannot be suspended, or cancelled, because of the application of subsection (1) except as provided by section 124M.
(4) For a schooling requirement payment under the Veterans’ Entitlements Act: Social Security (Administration) Act 1999 13 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3C Schooling requirements Division 3 School attendance notices Section 124M (a) this section does not apply in relation to the grant of the payment; but (b) this section otherwise applies in relation to the payment.
124M School attendance—suspension or cancellation for non-compliance with attendance notice Scope (1) This section applies if, as at a particular day: (a) a schooling requirement person has been given an attendance notice; and (b) a schooling requirement payment is not payable to the person because subsection 124L(1) applies to the person as at that day.
Note: Section 124L provides that a schooling requirement payment is not payable to a person if he or she fails to comply with an attendance notice after the end of the initial compliance period (unless he or she has a reasonable excuse or special circumstances apply).
Suspension or cancellation of payment (2) The Secretary must: (a) if the payment has been suspended under this section for a total period of 13 weeks or more (which need not be a continuous period) in relation to compliance with the attendance notice—determine that the payment is to be suspended or cancelled; or (b) in any other case—determine that the payment is to be suspended.
Payment may be suspended more than once (3) The Secretary may make more than one determination under subsection (2) in relation to compliance with a particular attendance notice.

14 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schooling requirements Part 3C School attendance notices Division 3 Section 124N Note: Following suspension of a schooling requirement payment, the payment may become payable again under section 124N.
Subsection 124M(3) allows for a further suspension of the payment even after the payment has become payable again.

Payment may be suspended even if not yet received (4) The Secretary may suspend a schooling requirement person’s schooling requirement payment under this section even if the person has not started to receive the payment.

Note: An attendance notice may be given to a claimant for a schooling requirement payment (see section 124 (Scope)).
The claim may be granted even if subsection 124L(1) applies to the person.

However, in that event, the Secretary must suspend the payment under this section (before it has started).
124N School attendance—when payments become payable after suspension Scope (1) This section applies if, on a particular day (the reconsideration day): (a) a person’s schooling requirement payment has been, and remains, suspended under section 124M; and (b) a person responsible for the operation of a school in a State or Territory at which the person’s child is enrolled gives the Secretary written notice that the child is attending school, as required by the law of that State or Territory, to the satisfaction of the person responsible.
(2) This section also applies if, on a particular day (the reconsideration day): (a) a person’s schooling requirement payment has been, and remains, suspended under section 124M; and (b) the Secretary has reconsidered the decision to suspend the payment (whether on an application under section 129 or on his or her own initiative); and Social Security (Administration) Act 1999 15 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3C Schooling requirements Division 3 School attendance notices Section 124N (c) as a result of the reconsideration, the Secretary is satisfied that, as at the reconsideration day, subsection 124L(1) no longer applies to the person.
Note 1: Note 2: The cancellation of a schooling requirement payment may be reconsidered under section 85.

Section 124L provides that a schooling requirement payment is not payable to a person if he or she fails to comply with an attendance notice after the end of an initial compliance period (unless he or she has a reasonable excuse or special circumstances apply).
Determination that payment is payable (3) The Secretary must determine: (a) that the schooling requirement payment is payable to the schooling requirement person (subject to any other provision of the social security law or the Veterans’ Entitlements Act, as the case requires); and (b) that any arrears resulting from the operation of this section are to be paid at a time, or times, stated in the determination under this subsection (or worked out in accordance with that determination).
Entitlement to arrears—suspension for total period of up to 13 weeks (4) If the payment has been suspended under section 124M for a total period of less than 13 weeks (which need not be a continuous period) in relation to compliance with a particular attendance notice, the date of effect of the determination under subsection (3) is the day on which the latest suspension determination was made under section 124M in relation to such compliance.
Note: A schooling requirement payment may be suspended more than once under section 124M (see subsection 124M(3)).
16 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schooling requirements Part 3C School attendance notices Division 3 Section 124N Entitlement to arrears—suspension for total period of 13 weeks or more (5) If subsection (4) does not apply, the date of effect of the determination under subsection (3) is: (a) the reconsideration day; or (b) an earlier day stated by the Secretary in that determination to be appropriate, in the special circumstances of the case applying as at the reconsideration day, as determined in accordance with the schooling requirement determination (if any).
(6) For the purposes of subsection (5), the Secretary may vary a determination under subsection (3) to state an earlier date of effect, if the determination: (a) does not include such a statement; or (b) includes such a statement in relation to a later day.

How arrears are paid (7) Arrears resulting from the operation of this section may be paid to the person as a lump sum payment, a series of regular payments, or otherwise, in accordance with the determination under subsection (3).
(8) The person is entitled to a payment, or payments, of arrears arising from the operation of this section at the time, or times, provided by the determination under subsection (3).

Non-application of general provisions for date of effect (9) Division 9 of Part 3 (date of effect of determinations) does not apply in relation to a determination under subsection (3).
Social Security (Administration) Act 1999 17 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3C Schooling requirements Division 3A School attendance plans Section 124NA Division 3A—School attendance plans 124NA When this Division applies This Division applies if: (a) a schooling requirement person’s child is enrolled at a school in a State or Territory; and (b) a person responsible for the operation of the school gives the Secretary written notice that the child is failing to attend school, as required by the law of that State or Territory, to the satisfaction of the person responsible.
124NB Conference notices The Secretary (the notifier), or a person responsible for the operation of the school (the notifier), may give a notice to the schooling requirement person specifying the following: (a) the person is required to attend a conference with a specified person at a specified place and time; (b) the purpose of the conference is to discuss the child’s school attendance; (c) the person is required, at the conference, to enter into a school attendance plan that is in accordance with section 124NC; (d) the consequences under this Division of not complying with the notice.
124NC School attendance plans (1) If a school attendance plan is not in force in relation to the schooling requirement person, the Secretary (the notifier), or a person responsible for the operation of the school (the notifier), may require the person to enter into such a plan.
(2) If a school attendance plan is in force in relation to the schooling requirement person, the Secretary (the notifier), or a person 18 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schooling requirements Part 3C School attendance plans Division 3A Section 124ND responsible for the operation of the school (the notifier), may require the person to enter into another plan instead of the existing one.
Notice of requirement (3) The notifier is to give the schooling requirement person notice of: (a) the requirement; and (b) the place and time at which the plan is to be entered into; and (c) the consequences under this Division of not complying with the requirement.

(4) Without limiting subsection (3), the notice may be included in a notice under section 124NB or 124ND.

Form of plan (5) A school attendance plan must be in a form approved by the notifier.
Children covered by the plan (6) A school attendance plan must cover one or more children of the schooling requirement person.

Purpose of plan (7) A school attendance plan must contain requirements, that the schooling requirement person is required to comply with, that the notifier considers appropriate for the purpose of ensuring improved school attendance of the one or more children covered by the plan.
124ND Compliance notices (1) The Secretary (the notifier), or a person responsible for the operation of the school (the notifier), may give a notice (a compliance notice) to the schooling requirement person requiring Social Security (Administration) Act 1999 19 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3C Schooling requirements Division 3A School attendance plans Section 124NE the person to comply with one or more requirements specified in the notice if the person commits any of the following failures: (a) if a notice is given to the person under section 124NB—the person fails to attend the conference at the place and time specified under paragraph 124NB(a); (b) the person fails to enter into a school attendance plan in accordance with section 124NC; (c) the person fails to comply with a school attendance plan in force in relation to the person.
(2) The compliance notice must give details of: (a) how to comply with the notice; and (b) the consequences under this Division of not complying with the notice.

Purpose of notice (3) A requirement specified in the compliance notice must be one that the notifier considers appropriate for the purpose of ensuring improved school attendance of the schooling requirement person’s child.
124NE School attendance—condition of schooling requirement payments (1) A schooling requirement payment is not payable to a schooling requirement person if the person fails to comply with a compliance notice given to the person under section 124ND.
(2) Subsection (1) does not apply to the person in relation to a compliance notice, as at a particular day, if the Secretary is satisfied that there are special circumstances applying as at that day, as determined in accordance with the schooling requirement determination (if any), that justify the failure to comply with the compliance notice.
20 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schooling requirements Part 3C School attendance plans Division 3A Section 124NF (3) Subsection (1) does not apply to the person in relation to a compliance notice, as at a particular day, if: (a) before that day, the person has been fined under a law of a State or Territory in relation to the failure of the person’s child or children to attend school in that State or Territory; and (b) having regard to all the circumstances, the Secretary determines that subsection (1) should not apply to the person as at that day.
(4) A schooling requirement payment cannot be suspended, or cancelled, because of the application of subsection (1) except as provided by section 124NF.

(5) For a schooling requirement payment under the Veterans’ Entitlements Act: (a) this section does not apply in relation to the grant of the payment; but (b) this section otherwise applies in relation to the payment.

(6) A determination under paragraph (3)(b) is not a legislative instrument.
124NF School attendance—suspension or cancellation for non-compliance with compliance notice Scope (1) This section applies if, as at a particular day: (a) a schooling requirement person has been given a compliance notice; and (b) a schooling requirement payment is not payable to the person because subsection 124NE(1) applies to the person as at that day.

Note: Section 124NE provides that a schooling requirement payment is not payable to a person if he or she fails to comply with a compliance notice.
Social Security (Administration) Act 1999 21 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3C Schooling requirements Division 3A School attendance plans Section 124NF Suspension or cancellation of payment (2) The Secretary must: (a) if the payment has been suspended under this section for a total period of 13 weeks or more (which need not be a continuous period) in relation to compliance with the compliance notice—determine that the payment is to be suspended or cancelled; or (b) in any other case—determine that the payment is to be suspended.
Payment may be suspended more than once (3) The Secretary may make more than one determination under subsection (2) in relation to compliance with a particular compliance notice.

Note: Following suspension of a schooling requirement payment, the payment may become payable again under section 124NG.

Subsection (3) of this section allows for a further suspension of the payment even after the payment has become payable again.
Payment may be suspended even if not yet received (4) The Secretary may suspend a schooling requirement person’s schooling requirement payment under this section even if the person has not started to receive the payment.

Note: A compliance notice may be given to a claimant for a schooling requirement payment (see section 124 (Scope)).

The claim may be granted even if subsection 124NE(1) applies to the person.
However, in that event, the Secretary must suspend the payment under this section (before it has started).
22 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schooling requirements Part 3C School attendance plans Division 3A Section 124NG 124NG School attendance—when payments become payable after suspension Scope (1) This section applies if, on a particular day (the reconsideration day): (a) a person’s schooling requirement payment has been, and remains, suspended under section 124NF, where the compliance notice concerned required the person to enter into a school attendance plan; and (b) the Secretary has reconsidered the decision to suspend the payment (whether on an application under section 129 or on his or her own initiative); and (c) as a result of the reconsideration, the Secretary is satisfied that, as at the reconsideration day: (i) the person has entered into such a plan containing requirements that the Secretary considers appropriate for the purpose of ensuring improved school attendance of the one or more children covered by the plan; or (ii) there are special circumstances applying, as determined in accordance with the schooling requirement determination (if any), that justify the person being unable to enter into such a plan.
(2) This section also applies if, on a particular day (the reconsideration day): (a) a person’s schooling requirement payment has been, and remains, suspended under section 124NF, where the compliance notice concerned required the person to comply with a school attendance plan in force in relation to the person; and (b) the Secretary has reconsidered the decision to suspend the payment (whether on an application under section 129 or on his or her own initiative); and Social Security (Administration) Act 1999 23 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3C Schooling requirements Division 3A School attendance plans Section 124NG (c) as a result of the reconsideration, the Secretary is satisfied that, as at the reconsideration day: (i) the person is complying with the plan; or (ii) there are special circumstances applying, as determined in accordance with the schooling requirement determination (if any), that justify the person being unable to comply with the plan.
Determination that payment is payable (3) The Secretary must determine: (a) that the schooling requirement payment is payable to the schooling requirement person (subject to any other provision of the social security law or the Veterans’ Entitlements Act, as the case requires); and (b) that any arrears resulting from the operation of this section are to be paid at a time, or times, stated in the determination under this subsection (or worked out in accordance with that determination).
Entitlement to arrears—suspension for total period of up to 13 weeks (4) If the payment has been suspended under section 124NF for a total period of less than 13 weeks (which need not be a continuous period) in relation to compliance with a particular compliance notice, the date of effect of the determination under subsection (3) is the day on which the latest suspension determination was made under section 124NF in relation to such compliance.
Note: A schooling requirement payment may be suspended more than once under section 124NF (see subsection 124NF(3)).
24 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schooling requirements Part 3C School attendance plans Division 3A Section 124NG Entitlement to arrears—suspension for total period of 13 weeks or more (5) If subsection (4) does not apply, the date of effect of the determination under subsection (3) is: (a) the reconsideration day; or (b) an earlier day stated by the Secretary in that determination to be appropriate, in the special circumstances of the case applying as at the reconsideration day, as determined in accordance with the schooling requirement determination (if any).
(6) For the purposes of subsection (5), the Secretary may vary a determination under subsection (3) to state an earlier date of effect, if the determination: (a) does not include such a statement; or (b) includes such a statement in relation to a later day.

How arrears are paid (7) Arrears resulting from the operation of this section may be paid to the person as a lump sum payment, a series of regular payments, or otherwise, in accordance with the determination under subsection (3).
(8) The person is entitled to a payment, or payments, of arrears arising from the operation of this section at the time, or times, provided by the determination under subsection (3).

Non-application of general provisions for date of effect (9) Division 9 of Part 3 (date of effect of determinations) does not apply in relation to a determination under subsection (3).
Social Security (Administration) Act 1999 25 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3C Schooling requirements Division 4 Information about schooling Section 124P Division 4—Information about schooling 124P Schooling requirements—information about schooling (1) Despite any law (whether written or unwritten) in force in a State or Territory: (a) a State or Territory; or (b) a non-government school authority; or (c) any other person who is responsible for the operation of one or more schools; may, for the purposes of this Part, give the Secretary information about the enrolment, or non-enrolment, of children at school.
(2) Despite any law (whether written or unwritten) in force in a State or Territory: (a) a State or Territory; or (b) a non-government school authority; or (c) any other person who is responsible for the operation of one or more schools; may, for the purposes of this Part, give the Secretary information about either or both of the following: (d) the attendance, or non-attendance, of children at school; (e) a person’s compliance with a compliance notice given to the person.
26 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schooling requirements Part 3C General provisions Division 5 Section 124PA Division 5—General provisions 124PA Relationship between Divisions of this Part No Division of this Part limits any other Division of this Part.
Social Security (Administration) Act 1999 27 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3D Cashless welfare arrangements Division 1 Introduction Section 124PB Part 3D—Cashless welfare arrangements Division 1—Introduction 124PB Simplified outline of this Part This Part provides for cashless welfare arrangements.

Recipients of certain welfare payments are subject to these arrangements.
Certain welfare payments are divided into restricted and unrestricted portions, with recipients being unable to spend the restricted portions of such payments on alcohol or gambling.

For certain recipients, the amount of each portion may be varied by the Minister or Secretary.

For certain recipients, a community body may give a direction to the Secretary to vary each portion that reflects agreements between the community body and the recipients.
Other recipients of certain welfare payments may voluntarily opt in to these cashless welfare arrangements.

124PC Objects The objects of this Part are to administer cashless welfare arrangements so as to: (a) reduce the amount of certain restrictable payments available to be spent on alcoholic beverages, gambling and illegal drugs; and (b) support program participants and voluntary participants with their budgeting strategies; and (d) encourage socially responsible behaviour.
124PD Definitions (1) In this Part: 28 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Cashless welfare arrangements Part 3D Introduction Division 1 Section 124PD Bundaberg and Hervey Bay area means the area within the boundaries of the Division (within the meaning of the Commonwealth Electoral Act 1918) of Hinkler, as those boundaries were in force on 31 May 2018.
Cape York area means the area determined in an instrument under subsection (1A).

category E welfare payment has the same meaning as in Part 3B.

category P welfare payment has the same meaning as in Part 3B.

Ceduna area means Ceduna within the meaning of the Social Security (Administration) (Trial Area—Ceduna and Surrounding Region) Determination 2015 as in force on 15 March 2016 and includes the Surrounding Region (within the meaning of that determination as so in force).
child protection officer has the same meaning as in Part 3B.

community body means a body authorised in an instrument made under section 124PE.

East Kimberley area means East Kimberley within the meaning of the Social Security (Administration) (Trial Area—East Kimberley) Determination 2016 as in force on 26 April 2016 and includes the areas of each of the Included Communities (within the meaning of that determination as so in force).

eligible recipient has the same meaning as in Part 3B.
Goldfields area means the following Local Government Areas as at 7 February 2018: (a) the Shire of Leonora; (b) the Shire of Laverton; (c) the City of Kalgoorlie-Boulder; (d) the Shire of Coolgardie; (e) the Shire of Menzies.
Social Security (Administration) Act 1999 29 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3D Cashless welfare arrangements Division 1 Introduction Section 124PD health or community worker means a person who carries on, and is entitled to carry on, an occupation that involves the provision of care for the physical or mental health of people or for their wellbeing.
Local Government Areas means areas designated by the Governor of Western Australia to be a city, town or shire, in accordance with the Local Government Act 1995 (WA).

Part 3B payment nominee has the same meaning as in Part 3B.
program area means the following: (a) the Ceduna area; (b) the East Kimberley area; (c) the Goldfields area; (d) the Bundaberg and Hervey Bay area; (e) the Cape York area; (f) the Northern Territory; other than any part of such an area, or any part of the Northern Territory, determined in an instrument under subsection (2).

program participant: see sections 124PG to 124PGE.

Queensland Commission has the same meaning as in Part 3B.

recognised State/Territory authority has the same meaning as in Part 3B.
restrictable payment: (a) in relation to a program participant under section 124PG, 124PGA, 124PGB or 124PGC, means: (i) a trigger payment; or (ii) a clean energy advance under the Family Assistance Act; or (iii) family tax benefit under the Family Assistance Act; or (iv) family tax benefit advance under the Family Assistance Administration Act; or 30 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Cashless welfare arrangements Part 3D Introduction Division 1 Section 124PD (v) baby bonus under the Family Assistance Act; or (vi) schoolkids bonus under the Family Assistance Act; or (vii) stillborn baby payment under the Family Assistance Act; or (viia) a first 2020 economic support payment under Division 1 of Part 2.6B of the 1991 Act; or (viib) a second 2020 economic support payment under Division 2 of Part 2.6B of the 1991 Act; or (viic) a first 2020 economic support payment under the ABSTUDY Scheme; or (viid) a second 2020 economic support payment under the ABSTUDY Scheme; or (viie) a first 2020 economic support payment under Division 1 of Part 9 of the Family Assistance Act; or (viif) a second 2020 economic support payment under Division 2 of Part 9 of the Family Assistance Act; or (viig) an additional economic support payment 2020 under Division 1 of Part 2.6C of the 1991 Act; or (viih) an additional economic support payment 2021 under Division 2 of Part 2.6C of the 1991 Act; or (viij) an additional economic support payment 2020
 under Division 1 of Part 10 of the Family Assistance Act; or (viik) an additional economic support payment 2021 under Division 2 of Part 10 of the Family Assistance Act; or (viii) carer allowance; or (ix) carer supplement; or (x) child disability assistance; or (xi) double orphan pension; or (xii) income support bonus; or (xiii) mobility allowance; or (xiv) pensioner education supplement; or (xv) a social security bereavement payment (other than a social security bereavement payment in relation to an age
 pension under Division 9 of Part 2.2 of the 1991 Act Social Security (Administration) Act 1999 31 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3D Cashless welfare arrangements Division 1 Introduction Section 124PD or a special needs pension under Division 10 of Part 2.16 of the 1991 Act); or (xvi) a clean energy advance under the 1991 Act; or (xvii) an advance payment under Part 2.22 of the 1991 Act; or (xviii) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or (xix) a mobility allowance advance under section 1045 of the 1991 Act; or (xx) quarterly energy supplement under the 1991 Act; or (xxi) telephone allowance under Part 2.25 of the 1991 Act; or (xxii) utilities allowance under Part 2.25A of the 1991 Act; or (xxiii) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or (aa) in relation to a program participant under section 124PGD or 124PGE, means: (i) a payment of a kind listed in paragraph (a); or (ii) an age pension; or (iii) a social security bereavement payment in relation to an age pension under Division 9 of Part 2.2 of the 1991 Act; or (iv) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homeland Learning Centre; or (b) in relation to a voluntary participant, means: (i) a payment of a kind listed in paragraph (a); or
 (ii) an age pension; or (iii) a social security bereavement payment in relation to an age pension under Division 9 of Part 2.2 of the 1991 Act.
restricted portion, in relation to a restrictable payment, has the meaning given by section 124PJ.
32 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Cashless welfare arrangements Part 3D Introduction Division 1 Section 124PD trigger payment means: (a) a social security benefit; or (b) a social security pension of the following kinds: (i) a carer payment; (iii) a disability support pension; (iv) a pension PP (single); or (c) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance.
unrestricted portion, in relation to a restrictable payment, has the meaning given by section 124PJ.

voluntary participant: see subsection 124PH(3).

vulnerable welfare payment recipient has the same meaning as in Part 3B.

welfare restricted bank account means a bank account of a kind determined by a legislative instrument made under section 124PP.

(1A) The Minister may, by notifiable instrument, determine an area for the purposes of the definition of Cape York area in subsection (1).
(2) The Minister may, by notifiable instrument, determine a part of an area, or a part of the Northern Territory, for the purposes of the definition of program area in subsection (1).
(3) Despite subsection 14(2) of the Legislation Act 2003, a notifiable instrument under subsection (1A) or (2) of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.
Social Security (Administration) Act 1999 33 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3D Cashless welfare arrangements Division 1 Introduction Section 124PE 124PE Community body The Minister may, by notifiable instrument, authorise a body, whether incorporated or unincorporated, as a community body if the body provides, or intends to provide, services relating to the care, protection, welfare or safety of adults, children or families.
34 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Cashless welfare arrangements Part 3D Persons subject to cashless welfare arrangements Division 2 Section 124PF Division 2—Persons subject to cashless welfare arrangements Subdivision A—Program participants 124PF Sunset provision (1) This Part ceases to have effect at the end of 31 December 2022.
(2) Despite subsection (1), at any time before 1 July 2023, the Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to that cessation.

(3) The rules must not provide for the crediting of amounts to welfare restricted bank accounts after 31 December 2022.
(4) For a person who was a program participant under section 124PGE immediately before that cessation, the rules may make provision for and in relation to that person becoming subject to the income management regime under Part 3B on and after 1 January 2023.
(5) To avoid doubt, the rules may not do the following: (a) create an offence or civil penalty; (b) provide powers of: (i) arrest or detention; or (ii) entry, search or seizure; (c) impose a tax; (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act; (e) directly amend the text of this Act.
124PG Program participants—Ceduna area (1) A person is a program participant if: (a) the person’s usual place of residence is, becomes or was within the Ceduna area; and Social Security (Administration) Act 1999 35 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3D Cashless welfare arrangements Division 2 Persons subject to cashless welfare arrangements Section 124PG (b) the person is receiving a trigger payment; and (c) the person has not reached pension age; and (d) if the person has a Part 3B payment nominee—that nominee is a program participant or is subject to the income management regime under Part 3B; and (e) the person’s payments (if any) under the scheme known as the ABSTUDY scheme that include an amount identified as living allowance are not being paid to another person; and (g) the person is not subject to the income management regime under section 123UC, 123UCB, 123UCC or 123UF; and (h) subsection (3) does not apply to the person; and (ha) the Secretary gives the person a notice under subsection (4) stating that the person is a program participant under this section and the notice is in force; and (i) the person is not covered by a determination under subsection 124PHA(1); and (j) the person is not covered by a determination under subsection 124PHB(3).
(2) To avoid doubt, if a person’s usual place of residence becomes within the Ceduna area and subsection (1) applies to the person, the person is a program participant on and after the day that the person’s usual place of residence becomes within that area.

(3) This subsection applies to a person if: (a) the person is undertaking full-time study (as defined by section 541B of the 1991 Act); and (b) while undertaking that study, the person is living outside the Ceduna area.
Secretary’s notice (4) The Secretary may give a person a written notice stating that the person is a program participant under this section.

The notice comes into force on a day specified in the notice (which must not be earlier than the day on which the notice is given).
36 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Cashless welfare arrangements Part 3D Persons subject to cashless welfare arrangements Division 2 Section 124PGA Note: The Secretary may give more than one notice to a person (see subsection 33(1) of the Acts Interpretation Act 1901).

(5) The Secretary may revoke the notice.

The Secretary must notify the person of the revocation.
(6) A notice under subsection (4) is not a legislative instrument.
124PGA Program participants—East Kimberley area (1) A person is a program participant if: (a) the person’s usual place of residence is, becomes or was within the East Kimberley area; and (b) the person is receiving a trigger payment; and (c) the person has not reached pension age; and (d) if the person has a Part 3B payment nominee—that nominee is a program participant or is subject to the income management regime under Part 3B; and (e) the person’s payments (if any) under the scheme known as the ABSTUDY scheme that include an amount identified as living allowance are not being paid to another person; and (g) the person is not subject to the income management regime under section 123UC, 123UCB, 123UCC or 123UF; and (h) subsection (3) does not apply to the person; and (ha) the Secretary gives the person a notice under subsection (4) stating that the person is a program participant under this section and the notice is in force; and (i) the person is not covered by a determination under subsection 124PHA(1); and (j) the person is not covered by a determination under subsection 124PHB(3).
(2) To avoid doubt, if a person’s usual place of residence becomes within the East Kimberley area and subsection (1) applies to the person, the person is a program participant on and after the day that the person’s usual place of residence becomes within that area.
Social Security (Administration) Act 1999 37 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3D Cashless welfare arrangements Division 2 Persons subject to cashless welfare arrangements Section 124PGB (3) This subsection applies to a person if: (a) the person is undertaking full-time study (as defined by section 541B of the 1991 Act); and (b) while undertaking that study, the person is living outside the East Kimberley area.
Secretary’s notice (4) The Secretary may give a person a written notice stating that the person is a program participant under this section.

The notice comes into force on a day specified in the notice (which must not be earlier than the day on which the notice is given).

Note: The Secretary may give more than one notice to a person (see subsection 33(1) of the Acts Interpretation Act 1901).

(5) The Secretary may revoke the notice.

The Secretary must notify the person of the revocation.
(6) A notice under subsection (4) is not a legislative instrument.
124PGB Program participants—Goldfields area (1) A person is a program participant if: (a) the person’s usual place of residence is, becomes or was within the Goldfields area; and (b) the person is receiving a trigger payment; and (c) the person has not reached pension age and will not reach pension age before 26 March 2019; and (d) if the person has a Part 3B payment nominee—that nominee is a program participant or is subject to the income management regime under Part 3B; and (e) the person’s payments (if any) under the scheme known as the ABSTUDY scheme that include an amount identified as living allowance are not being paid to another person; and (g) the person is not subject to the income management regime under section 123UC, 123UCB, 123UCC or 123UF; and 38 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Cashless welfare arrangements Part 3D Persons subject to cashless welfare arrangements Division 2 Section 124PGB (h) subsection (3) does not apply to the person; and (ha) the Secretary gives the person a notice under subsection (4) stating that the person is a program participant under this section and the notice is in force; and (i) the person is not covered by a determination under subsection 124PHA(1); and (j) the person is not covered by a determination under subsection 124PHB(3).
(2) To avoid doubt, if a person’s usual place of residence becomes within the Goldfields area and subsection (1) applies to the person, the person is a program participant on and after the day that the person’s usual place of residence becomes within that area.

(3) This subsection applies to a person if: (a) the person is undertaking full-time study (as defined by section 541B of the 1991 Act); and (b) while undertaking that study, the person is living outside the Goldfields area.
Secretary’s notice (4) The Secretary may give a person a written notice stating that the person is a program participant under this section.

The notice comes into force on a day specified in the notice (which must not be earlier than the day on which the notice is given).

Note: The Secretary may give more than one notice to a person (see subsection 33(1) of the Acts Interpretation Act 1901).

(5) The Secretary may revoke the notice.

The Secretary must notify the person of the revocation.
(6) A notice under subsection (4) is not a legislative instrument.
Social Security (Administration) Act 1999 39 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3D Cashless welfare arrangements Division 2 Persons subject to cashless welfare arrangements Section 124PGC 124PGC Program participants—Bundaberg and Hervey Bay area (1) A person is a program participant if: (a) the person’s usual place of residence is, becomes or was within the Bundaberg and Hervey Bay area; and (b) the person is receiving jobseeker payment, youth allowance (where neither section 540AA of the 1991 Act (about new apprentices) nor paragraph 541(1)(a) of the 1991 Act (about full time study) appliesneither subparagraph 540(1)(a)(i) of the 1991 Act (about full-time study) nor section 540AA of the 1991 Act (about new apprentices) applies) or parenting payment; and (c) the person is under 35 years of age on the day this section commences and the person has not turned 36 years of age; and (d) if the person has a Part 3B payment nominee—that nominee is a program participant or is subject to the income management regime under Part 3B; and (f) the person is not subject to the income management regime under section 123UC, 123UCB, 123UCC or 123UF; and (g) subsection (3) does not apply to the person; and (ga) the Secretary gives the person a notice under subsection (4) stating that the person is a program participant under this section and the notice is in force; and (h) the person is not covered by a determination under subsection 124PHA(1); and (i) the person is not covered by a determination under subsection 124PHB(3).
(2) To avoid doubt, if a person’s usual place of residence becomes within the Bundaberg and Hervey Bay area and subsection (1) applies to the person, the person is a program participant on and after the day that the person’s usual place of residence becomes within that area.
(3) This subsection applies to a person if: 40 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Cashless welfare arrangements Part 3D Persons subject to cashless welfare arrangements Division 2 Section 124PGD (a) the person is undertaking full-time study (as defined by section 541B of the 1991 Act); and (b) while undertaking that study, the person is living outside the Bundaberg and Hervey Bay area.
Secretary’s notice (4) The Secretary may give a person a written notice stating that the person is a program participant under this section.

The notice comes into force on a day specified in the notice (which must not be earlier than the day on which the notice is given).

Note: The Secretary may give more than one notice to a person (see subsection 33(1) of the Acts Interpretation Act 1901).

(5) The Secretary may revoke the notice.

The Secretary must notify the person of the revocation.
(6) A notice under subsection (4) is not a legislative instrument.
124PGD Program participants—Cape York area (1) A person is a program participant if: (a) the person’s usual place of residence is, becomes or was within the Cape York area; and (b) the person, or the person’s partner, is an eligible recipient of a category P welfare payment; and (c) a written notice given under a law of Queensland from the Queensland Commission to the Secretary requiring that the person be a program participant under this section is in force; and (d) if the person has a Part 3B payment nominee—that nominee is a program participant or is subject to the income management regime under Part 3B.
(2) To avoid doubt, if a person’s usual place of residence becomes within the Cape York area and subsection (1) applies to the person, the person is a program participant on and after the day that the Social Security (Administration) Act 1999 41 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3D Cashless welfare arrangements Division 2 Persons subject to cashless welfare arrangements Section 124PGE person’s usual place of residence becomes within the Cape York area.
124PGE Program participants—Northern Territory (1) A person is a program participant if: (a) the person’s usual place of residence is, becomes or was within the Northern Territory; and (b) the person is an eligible recipient of a category E welfare payment; and (c) the person has not reached pension age; and (d) if the person has a Part 3B payment nominee—that nominee is a program participant or is subject to the income management regime under Part 3B; and (e) the person is not undertaking full-time study (as defined by section 541B of the 1991 Act); and (f) the person has made a request under subsection (4A) to become a program participant under this section; and (fa) the Secretary has given the person a notice under subsection (5) stating that the person is a program participant under this section and the notice is in force; and (fb) one of the following applies: (i) the person was subject to the income management regime under section 123UCB or 123UCC on the day before the notice given by the Secretary under subsection (5) of this section came into force; (ii) the person has previously been a program participant under subsection (2) of this section and a notice of a kind referred to in paragraph (2)(d) of this section is not in force in relation to the person; (iii) the person has previously been a program participant under subsection (3) of this section but is no longer such a participant; and (g) the person is not covered by a determination under subsection 124PHA(1); and 42 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Cashless welfare arrangements Part 3D Persons subject to cashless welfare arrangements Division 2 Section 124PGE (h) the person is not covered by a determination under subsection 124PHB(3).
(2) A person is a program participant if: (a) the person’s usual place of residence is, becomes or was within the Northern Territory; and (b) the person, or the person’s partner, is an eligible recipient of a category P welfare payment; and (c) the person has not reached pension age; and (d) a child protection officer of the Northern Territory, or an officer or employee of a recognised State/Territory authority of the Northern Territory, gives the Secretary a written notice requiring that the person be a program participant under this section and the notice is in force; and (e) the notice is given: (i) under a law (whether written or unwritten) in force in the Northern Territory (other than a law of the Commonwealth); or (ii) in the exercise of the executive power of the Northern Territory; and (f) if the person has a Part 3B payment nominee—that nominee is a program participant or is subject to the income management regime under Part 3B; and (g) the person is not undertaking full-time study (as defined by section 541B of the 1991 Act); and (h) the person has made a request under subsection (4A) to become a program participant under this section; and (ha) the Secretary has given the person a notice under subsection (5) stating that the person is a program participant under this section and the notice is in force; and (hb) the person was subject to the income management regime under section 123UC or 123UFAA on the day before the notice given by the Secretary under subsection (5) of this section came into force; and Social Security (Administration) Act 1999 43 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3D Cashless welfare arrangements Division 2 Persons subject to cashless welfare arrangements Section 124PGE (i) the person is not covered by a determination under subsection 124PHA(1); and (j) the person is not covered by a determination under subsection 124PHB(3).
(3) A person is a program participant if: (a) the person’s usual place of residence is, becomes or was within the Northern Territory; and (b) the person is an eligible recipient of a category P welfare payment; and (c) the person has not reached pension age; and (d) the person is a vulnerable welfare payment recipient; and (e) if the person has a Part 3B payment nominee—that nominee is a program participant or is subject to the income management regime under Part 3B; and (f) the person is not undertaking full-time study (as defined by section 541B of the 1991 Act); and (g) the person has made a request under subsection (4A) to become a program participant under this section; and (ga) the Secretary has given the person a notice under subsection (5) stating that the person is a program participant under this section and the notice is in force; and (gb) the person was subject to the income management regime under section 123UCA on the day before the notice given by the Secretary under subsection (5) of this section came into force; and (h) the person is not covered by a determination under subsection 124PHA(1); and (i) the person is not covered by a determination under subsection 124PHB(3).
(4) To avoid doubt, if a person’s usual place of residence becomes within the Northern Territory and subsection (1), (2) or (3) applies to the person, the person is a program participant on and after the day that the person’s usual place of residence becomes within the Northern Territory.
44 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Cashless welfare arrangements Part 3D Persons subject to cashless welfare arrangements Division 2 Section 124PH Person’s request (4A) A person may make a request to the Secretary to become a program participant under this section.

(4B) A request under subsection (4A) cannot be withdrawn or revoked.
Secretary’s notice (5) The Secretary may give a person a written notice stating that the person is a program participant under this section.

The notice comes into force on a day specified in the notice (which must not be earlier than the day on which the notice is given).

Note: The Secretary may give more than one notice to a person (see subsection 33(1) of the Acts Interpretation Act 1901).

(6) The Secretary may revoke the notice.

The Secretary must notify the person of the revocation.
(7) A notice under subsection (5) is not a legislative instrument.

Continuity of requests and notices (8) If: (a) a person makes a request under subsection (4A); or (b) the Secretary gives a person a notice under subsection (5) and has not revoked the notice; the continuity of the request or notice is not affected by the person ceasing to be a program participant under subsection (1), (2) or (3) for a period.
Subdivision B—Voluntary participation in cashless welfare arrangements 124PH Voluntary participants (1) A person may notify the Secretary, orally or in writing, that the person wishes to be subject to cashless welfare arrangements if: Social Security (Administration) Act 1999 45 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3D Cashless welfare arrangements Division 2 Persons subject to cashless welfare arrangements Section 124PHA (a) the person is receiving a trigger payment or an age pension; and (b) the person’s usual place of residence is, becomes or was within a program area; and (ba) if the person has a Part 3B payment nominee—that nominee is a program participant or is subject to the income management regime under Part 3B; and (bb) the person’s payments (if any) under the scheme known as the ABSTUDY scheme that include an amount identified as living allowance are not being paid to another person; and (bd) the person is not subject to the income management regime under Part 3B; and (c) the person is not otherwise a program participant.
(2) A person may withdraw the notification at any time.

(3) Until a person withdraws the notification, the person is a voluntary participant, unless the Secretary determines that the person is not to be subject to cashless welfare arrangements under subsection (4).

(4) The Secretary may determine that a person who is a voluntary participant is not to be subject to cashless welfare arrangements.

If the Secretary makes such a determination, the Secretary must notify the person, in writing, accordingly.
Subdivision C—When persons not subject to cashless welfare arrangements 124PHA Person’s mental, physical or emotional wellbeing at serious risk (1) The Secretary must determine that a person is not a program participant if the Secretary is satisfied that being a program participant would pose a serious risk to the person’s mental, physical or emotional wellbeing.
46 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Cashless welfare arrangements Part 3D Persons subject to cashless welfare arrangements Division 2 Section 124PHB (2) The Secretary is not required to inquire into whether a person being a program participant would pose a serious risk to the person’s mental, physical or emotional wellbeing.
(3) If an officer or employee of a State or Territory, or of an agency or body of a State or Territory, considers that it is necessary for the person who is the subject of a determination under subsection (1) to be a program participant for medical or safety reasons relating to the person or the person’s dependents, the officer or employee may request the Secretary to reconsider the determination.
(3A) If the Secretary receives such a request and the Secretary is no longer satisfied of the matter in subsection (1), the Secretary must revoke the determination.

(3B) Subsection (3A) does not prevent the Secretary from making another determination under subsection (1).

(4) A determination under subsection (1) is not a legislative instrument.

(5) A determination under subsection (1) has no effect in relation to section 124PGD (Cape York area).
124PHB Person can responsibly manage the person’s affairs (1) A person may apply to the Secretary to exit cashless welfare arrangements under this Part if the person is a program participant under section 124PG, 124PGA, 124PGB, 124PGC or 124PGE.

Form of application (2) The application must: (a) be made in writing using a form approved by the Secretary; and (b) be accompanied by the documents and other information required by the form.
Social Security (Administration) Act 1999 47 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3D Cashless welfare arrangements Division 2 Persons subject to cashless welfare arrangements Section 124PHB Secretary’s decision on application (3) The Secretary may determine that the person is not a program participant if the Secretary is satisfied that: (a) the person can demonstrate reasonable and responsible management of the person’s affairs (including financial affairs), taking into account all of the following: (i) the interest of any children for whom the person is responsible; (ii) whether the person was convicted of an offence against a law of the Commonwealth, a State or a Territory, or was serving a sentence of imprisonment for such an offence, at any time in the last 12 months; (iii) risks of homelessness; (iv) the health and safety of the person and the community; (v) the responsibilities and circumstances of the person; (vi) the person’s engagement in the community, including the person’s employment or efforts to obtain work; and (b) the person satisfies any requirements determined in an instrument under subsection (6).
(3A) If: (a) the person has a disability or the person provides care to one or more other persons (other than as a parent); and (b) the Secretary is satisfied that, because of that disability or the provision of that care, the person is unable to demonstrate reasonable and responsible management of the person’s affairs (including financial affairs), taking into account all of the matters referred to in paragraph (3)(a); and (c) the Secretary is satisfied that the person has reasonable and responsible management of the person’s affairs (including financial affairs), taking into account all of those matters; then paragraph (3)(a) is taken to have been met in relation to the person.
48 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Cashless welfare arrangements Part 3D Persons subject to cashless welfare arrangements Division 2 Section 124PHB (4) The Secretary must give the person written notice of the Secretary’s decision on the application.

If the Secretary refuses to make a determination, the notice must set out the reasons for the refusal.
(4A) If the Secretary has not made a decision on a person’s application at the end of the period of 60 days beginning on the day after subsection (2) is satisfied in relation to the application, then the Secretary is taken to have made a determination under subsection (3) that the person is not a program participant.

(5) A determination under subsection (3) is not a legislative instrument.
Minister’s instruments (6) The Minister may, by legislative instrument, determine requirements for the purposes of paragraph (3)(b).

(7) Before the Minister makes a determination under subsection (6), the Minister must: (a) consult with local communities and program participants; and (b) have regard to any feedback received as a result of those consultations.
(7A) The Secretary must, in deciding whether the Secretary is satisfied as mentioned in subsection (3), comply with any decision-making principles determined in an instrument under subsection (7B).

(7B) The Minister may, by legislative instrument, determine decision-making principles for the purposes of subsection (7A).
Reconsideration of Secretary’s determination (8) If a health or community worker considers that it is necessary for the person who is the subject of a determination under subsection (3) (including because of the operation of subsection (4A)) to be a program participant for medical or safety Social Security (Administration) Act 1999 49 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3D Cashless welfare arrangements Division 2 Persons subject to cashless welfare arrangements Section 124PHB reasons, the worker may request the Secretary to reconsider the determination.
(9) If the Secretary receives such a request and the Secretary is no longer satisfied of the matters in paragraphs (3)(a) and (b), the Secretary must revoke the determination.

(9A) If the Secretary ceases to be satisfied as mentioned in subsection (3), the Secretary must revoke the determination.

Person may make another application (10) Subsections (9) and (9A) do not prevent the person from making another application under subsection (1).
50 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Cashless welfare arrangements Part 3D Cashless welfare arrangement rules Division 3 Section 124PJ Division 3—Cashless welfare arrangement rules Subdivision A—Splitting and payment of restrictable payments 124PJ Restrictable payment to be split into restricted and unrestricted portions Payments by instalments (1) If an instalment of a restrictable payment is payable to a person who is a program participant under section 124PG, 124PGA, 124PGB or 124PGC or who is a voluntary participant: (a) the following percentage of the gross amount of the payment is restricted (the restricted portion): (i) for a person who is a program participant under section 124PG, 124PGA, 124PGB or 124PGC—80%; (ii) for a person who is a voluntary participant and whose usual place of residence is not within the Northern Territory—80%; (iii) for a person who is a voluntary participant and whose usual place of residence is within the Northern Territory—50%; and (b) the following percentage of the gross amount of the payment is unrestricted (the unrestricted portion): (i) for a person who is a program participant under section 124PG, 124PGA, 124PGB or 124PGC—20%; (ii) for a person who is a voluntary participant and whose usual place of residence is not within the Northern Territory—20%; (iii) for a person who is a voluntary participant and whose usual place of residence is within the Northern Territory—50%.
Note: The percentages may be varied under subsection (3) or section 124PK.
Social Security (Administration) Act 1999 51 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3D Cashless welfare arrangements Division 3 Cashless welfare arrangement rules Section 124PJ (1A) If an instalment of a restrictable payment is payable to a person who is a program participant under section 124PGD: (a) the percentage of the gross amount of the payment that is restricted (the restricted portion) is: (i) if the notice referred to in paragraph 124PGD(1)(c) specifies a percentage for the purposes of this subparagraph—that percentage; or (ii) otherwise—50%; and (b) the percentage of the gross amount of the payment that is unrestricted (the unrestricted portion) is: (i) if subparagraph (a)(i) applies—a percentage that is equal to 100% minus the percentage applicable under that subparagraph; or (ii) otherwise—50%.
Note: The percentages may be varied under subsection (3).

(1B) If an instalment of a restrictable payment is payable to a person who is a program participant under subsection 124PGE(1): (a) 50% of the gross amount of the payment is restricted (the restricted portion); and (b) 50% of the gross amount of the payment is unrestricted (the unrestricted portion).

Note: The percentages may be varied under subsection (2A) or (3).
(1C) If an instalment of a restrictable payment is payable to a person who is a program participant under subsection 124PGE(2): (a) 70% of the gross amount of the payment is restricted (the restricted portion); and (b) 30% of the gross amount of the payment is unrestricted (the unrestricted portion).

Note: The percentages may be varied under subsection (2B) or (3).
(1D) If an instalment of a restrictable payment is payable to a person who is a program participant under subsection 124PGE(3): 52 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Cashless welfare arrangements Part 3D Cashless welfare arrangement rules Division 3 Section 124PJ (a) 50% of the gross amount of the payment is restricted (the restricted portion); and (b) 50% of the gross amount of the payment is unrestricted (the unrestricted portion).
Note: The percentages may be varied under subsection (2B) or (3).

Payments otherwise than by instalments (2) If a restrictable payment is payable to a program participant or voluntary participant otherwise than by instalments, 100% of the gross amount of the payment is restricted.

Note: The percentage may be varied under subsection (3).
Variation by Minister—Northern Territory program participants (2A) The Minister may, by legislative instrument, make a determination that, for persons who are program participants under subsection 124PGE(1) and whose usual place of residence is, becomes or was within an area specified in the instrument: (a) varies the percentage amount in paragraph (1B)(a) to a percentage that is higher than 50% and is less than or equal to 80%; and (b) varies the percentage amount in paragraph (1B)(b) to a percentage that is below 50%.
(2B) The Minister may, by legislative instrument, make a determination that, for persons who are program participants under subsection 124PGE(2) or (3): (a) varies the percentage amount in paragraph (1C)(a) or (1D)(a) to a percentage (not exceeding 80% and including 0%) specified in the instrument; and (b) varies the percentage amount in paragraph (1C)(b) or (1D)(b) to a percentage (not exceeding 100%) specified in the instrument.
(2C) A determination under subsection (2A) or (2B) has no effect in relation to a program participant during the period a determination Social Security (Administration) Act 1999 53 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3D Cashless welfare arrangements Division 3 Cashless welfare arrangement rules Section 124PJ under subsection (3) is in effect in relation to the program participant.
Variation by Secretary (3) For a person who is a program participant or voluntary participant, the Secretary may make a determination that: (a) varies a percentage amount under paragraph (1)(a), (1A)(a), (1B)(a), (1C)(a) or (1D)(a) to 0%; and (b) varies a percentage amount under paragraph (1)(b), (1A)(b), (1B)(b), (1C)(b) or (1D)(b) to 100%; and (c) varies the percentage amount in subsection (2) to 0%.
(4) The Secretary may make a determination under subsection (3) only if: (a) the Secretary is satisfied that the person is unable to use the person’s debit card that was issued to the person and that is attached to the person’s welfare restricted bank account, or is unable to access that account, as a direct result of: (i) a technological fault or malfunction with that card or account; or (ii) a natural disaster; or (iii) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates.
(b) the person’s restrictable payment is payable in instalments and the Secretary is satisfied that any part of the payment is payable: (i) at a time determined under subsection 43(2), where that determination is made because the person is in severe financial hardship as a result of exceptional and unforeseen circumstances; or (ii) under a determination under subsection 51(1).
54 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Cashless welfare arrangements Part 3D Cashless welfare arrangement rules Division 3 Section 124PK (5) A determination under subsection (3) takes effect on the day specified in the determination (which must not be earlier than the day on which the determination is made).

(6) A determination under subsection (3) is not a legislative instrument.
124PK Secretary must comply with directions given by a community body (1) A community body may give the Secretary a written direction to vary the percentage amounts in paragraphs 124PJ(1)(a) and (b) that apply in respect of restrictable payments made to a program participant or voluntary participant after the direction is given.

Note: Paragraphs 124PJ(1)(a) and (b) set out the percentage amounts for splitting a restrictable payment into a restricted portion and an unrestricted portion, respectively.
(2) A written direction relating to a program participant or voluntary participant: (a) must reflect an agreement between the community body and the program participant or voluntary participant; and (b) may only be changed by the community body with the agreement of the program participant or voluntary participant; and (c) must be revoked by the community body if there is no longer agreement between the body and the program participant or voluntary participant; and (d) ceases to have effect on and after the day that the community body stops being authorised as a community body.
(3) The percentage amounts specified in the written direction: (a) must total 100%; and (b) may: (i) for the restricted portion of a restrictable payment, be a percentage in the range of 50% to 80%; and Social Security (Administration) Act 1999 55 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3D Cashless welfare arrangements Division 3 Cashless welfare arrangement rules Section 124PL (ii) for the unrestricted portion of a restrictable payment, be a percentage in the range of 20% to 50%.
(5) Subject to subsection (6), the Secretary must comply with the written direction.

(6) The written direction has no effect in relation to a program participant or voluntary participant during the period a determination under subsection 124PJ(3) is in effect in relation to the program participant or voluntary participant.

124PL Payment of restricted portion of restrictable payment (1) This section applies if a restrictable payment is payable to a program participant or voluntary participant.
(2) The Secretary must pay the balance of the restricted portion of the restrictable payment to the credit of a welfare restricted bank account maintained by the program participant or voluntary participant.
(3) In this section: balance of the restricted portion of the restrictable payment means, if a deduction is made from, or an amount is set off against, the restrictable payment under: (a) section 61, 61A or 238 of this Act; or (b) section 1231 of the 1991 Act; or (c) section 84, 84A, 92, 92A, 225, 226, 227 or 228A of the Family Assistance Administration Act; so much of the restricted portion of the restrictable payment as remains after the deduction is made or the set-off occurs, as the case may be.
56 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Cashless welfare arrangements Part 3D Cashless welfare arrangement rules Division 3 Section 124PM Subdivision B—Recipient’s use of restrictable payments etc.
124PM Recipient’s use of funds from restrictable payments A person who receives a restrictable payment: (a) may use the restricted portion of the payment, as paid under subsection 124PL(2), to obtain goods or services, other than: (i) alcoholic beverages; or (ii) gambling; or (iii) a cash-like product that could be used to obtain alcoholic beverages or gambling; and (b) may use the unrestricted portion of the payment, as paid to the person, at the person’s discretion.
Note: For cash-like product, see section 124PQA.
Social Security (Administration) Act 1999 57 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3D Cashless welfare arrangements Division 4 Information Section 124PN Division 4—Information 124PN Disclosure of information to the Secretary—financial institution (1) Despite any law (whether written or unwritten) in force in a State or Territory, an officer or employee of a financial institution may give the Secretary information about a person if: (a) the person is a program participant or voluntary participant; and (b) the disclosed information is relevant to the operation of this Part.
(2) If information about a person is disclosed as mentioned in subsection (1), the Secretary may disclose information about the person to an officer or employee of the financial institution for the purposes of the performance of the duties, or the exercise of the powers, of the officer or employee.
124PO Disclosure of information to the Secretary—community body (1) Despite any law (whether written or unwritten) in force in a State or Territory, a member, officer or employee of a community body may give the Secretary information about a person if: (a) the person is a program participant or voluntary participant; and (b) the disclosed information is relevant to the operation of this Part.
(2) If information about a person is disclosed as mentioned in subsection (1), the Secretary may disclose information about the person to a member, officer or employee of the community body for the purposes of the performance of the functions and duties, or the exercise of the powers, of the member, officer or employee.
58 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Cashless welfare arrangements Part 3D Information Division 4 Section 124POA 124POA Disclosure of information to community body—person ceases to be a program participant or voluntary participant If a person ceases to be a program participant or a voluntary participant, the Secretary may disclose the following information to a member, officer or employee of the relevant community body (if any): (a) the fact that the person has ceased to be a program participant or a voluntary participant; (b) the day of the cessation; (c) if the person ceased to be a program participant because of a determination under subsection 124PHA(1) or 124PHB(3)— the fact that a determination has been made under that subsection.
124POB Disclosure of information—Queensland Commission (1) Despite any law (whether written or unwritten) in force in Queensland, the Queensland Commission may give the Secretary information about a person if: (a) either: (i) the person is a program participant under section 124PGD; or (ii) the Queensland Commission is considering whether to give a notice of the kind referred to in paragraph 124PGD(1)(c) in relation to the person; and (b) the disclosed information is relevant to the operation of this Part.
(2) If information about a person is disclosed by the Queensland Commission as mentioned in subsection (1), the Secretary may disclose information about the person to the Queensland Commission for the purposes of the performance of the functions, or the exercise of the powers, of the Queensland Commission.
(3) If: Social Security (Administration) Act 1999 59 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3D Cashless welfare arrangements Division 4 Information Section 124POC (a) a person ceases to be a program participant under section 124PGD because of the cancellation of a category P welfare payment of the person or the person’s partner; and (b) immediately before the cancellation, the relevant notice referred to in paragraph 124PGD(1)(c) had not been withdrawn or revoked; then, as soon as practicable after the cancellation, the Secretary must give the Queensland Commission written notice of the cancellation.
124POC Disclosure of information—child protection officer of Northern Territory (1) Despite any law (whether written or unwritten) in force in the Northern Territory, a child protection officer of the Northern Territory may give the Secretary information about a person if: (a) either: (i) the person is a program participant under subsection 124PGE(2); or (ii) the child protection officer is considering whether to give a notice of the kind referred to in paragraph 124PGE(2)(d) in relation to the person; and (b) the disclosed information is relevant to the operation of this Part.
(2) If information about a person is disclosed as mentioned in subsection (1), the Secretary may disclose information about the person to a child protection officer of the Northern Territory for the purposes of the performance of the functions and duties, or the exercise of the powers, of the child protection officer in relation to the care, protection or welfare of children.
(3) If: (a) a person ceases to be a program participant under subsection 124PGE(2) because of the cancellation of a category P welfare payment of the person or the person’s partner; and 60 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Cashless welfare arrangements Part 3D Information Division 4 Section 124POD (b) immediately before the cancellation, the relevant notice referred to in paragraph 124PGE(2)(d) had not been withdrawn or revoked; and (c) the notice was given by a child protection officer of the Northern Territory; then, as soon as practicable after the cancellation, the Secretary must give a child protection officer of the Northern Territory written notice of the cancellation.
124POD Disclosure of information—officer or employee of recognised State/Territory authority of Northern Territory (1) Despite any law (whether written or unwritten) in force in the Northern Territory, an officer or employee of a recognised State/Territory authority of the Northern Territory may give the Secretary information about a person if: (a) either: (i) the person is a program participant under subsection 124PGE(2); or (ii) the officer or employee is considering whether to give a notice of the kind referred to in paragraph 124PGE(2)(d) in relation to the person; and (b) the disclosed information is relevant to the operation of this Part.
(2) If information about a person is disclosed as mentioned in subsection (1), the Secretary may disclose information about the person to an officer or employee of the recognised State/Territory authority for the purposes of the performance of the functions and duties, or the exercise of the powers, of the officer or employee.
(3) If: (a) a person ceases to be a program participant under subsection 124PGE(2) because of the cancellation of a Social Security (Administration) Act 1999 61 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3D Cashless welfare arrangements Division 4 Information Section 124POD category P welfare payment of the person or the person’s partner; and (b) immediately before the cancellation, the relevant notice referred to in paragraph 124PGE(2)(d) had not been withdrawn or revoked; and (c) the notice was given by an officer or employee of a recognised State/Territory authority of the Northern Territory; then, as soon as practicable after the cancellation, the Secretary must give an officer or employee of the recognised State/Territory authority written notice of the cancellation.
62 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Cashless welfare arrangements Part 3D Miscellaneous Division 5 Section 124PP Division 5—Miscellaneous 124PP Welfare restricted bank accounts (1) For the purposes of this Part, the Secretary may, by legislative instrument, determine a kind of bank account to be maintained by a program participant or voluntary participant for the receipt of restrictable payments.
(2) A legislative instrument determining a kind of bank account may also prescribe terms and conditions relating to the establishment, ongoing maintenance and closure of the bank account so determined.
124PQ Exceptions to Part IV of the Competition and Consumer Act 2010 (1) For the purposes of subsection 51(1) of the Competition and Consumer Act 2010, the declining of a transaction by a financial institution is specified and specifically authorised if the transaction would involve: (a) money in a welfare restricted bank account; and (b) a business of a kind specified in a legislative instrument made under subsection (2).
(2) The Secretary may, by legislative instrument, declare a kind of business, whether by reference to merchant category codes, terminal identification codes, card accepted identification codes or otherwise, in relation to which transactions involving money in a welfare restricted bank account may be declined by a financial institution.
(2A) For the purposes of subsection 51(1) of the Competition and Consumer Act 2010, the declining of a transaction by a supplier of goods or services is specified and specifically authorised if the transaction would involve: (a) money in a welfare restricted bank account; and Social Security (Administration) Act 1999 63 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 3D Cashless welfare arrangements Division 5 Miscellaneous Section 124PQA (b) the obtaining of: (i) alcoholic beverages; or (ii) gambling; or (iii) a cash-like product that could be used to obtain alcoholic beverages or gambling.
Note: For cash-like product, see section 124PQA.

(3) To avoid doubt, for the purposes of this section, it does not matter whether money in a welfare restricted bank account represents the restricted portion or unrestricted portion of a restrictable payment.
124PQA Cash-like products Without limiting sections 124PM and 124PQ, cash-like product includes any of the following: (a) a gift card, store card, voucher or similar article (whether in a physical or electronic form); (b) a money order, postal order or similar order (whether in a physical or electronic form); (c) digital currency.

124PR This Part has effect despite other provisions etc.
This Part has effect despite anything in: (a) any other provision of this Act; or (b) the 1991 Act; or (c) the Family Assistance Act; or (d) the Family Assistance Administration Act.

124PS Evaluation of review of Part’s operation (1) If the Minister or the Secretary causes a review of the extent to which the operation of this Part has achieved the objects mentioned in section 124PC to be conducted, the Minister must cause the review to be evaluated.
64 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Cashless welfare arrangements Part 3D Miscellaneous Division 5 Section 124PS (4) The Minister must cause a written report about the evaluation to be prepared.

(5) The Minister must cause a copy of the report to be laid before each House of Parliament within 15 days after the completion of the report.
Social Security (Administration) Act 1999 65 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 4 Internal review of decisions Division 1 Effect of Part Section 124Q Part 4—Internal review of decisions Division 1—Effect of Part 124Q Application of Part to decisions under repealed laws This Part applies as if a decision under: (a) the 1947 Act; or (b) the 1991 Act as in force immediately before the commencement of this Part; were a decision under the social security law.
125 Decisions by officers under instruments For the purposes of this Part, a decision made by an officer under an instrument (other than an instrument that is a legislative instrument) made or issued under this Act or the 1991 Act is taken to be a decision under the social security law.
66 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Internal review of decisions Part 4 Internal review Division 2 Section 126 Division 2—Internal review 126 Review of decisions by Secretary (1) The Secretary may review, subject to subsection (2), a decision of an officer under the social security law if the Secretary is satisfied that there is sufficient reason to review the decision.
(2) The Secretary may review a decision: (a) whether or not any person has applied for review of the decision; and (b) even if an application has been made to the AAT for review of the decision.

(3) The Secretary may: (a) affirm a decision; or (b) vary a decision; or (c) set a decision aside and substitute a new decision.
(4) If: (a) the Secretary sets a decision aside under subsection (3); and (b) the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made; the Secretary may, if satisfied that it is reasonable to do so, determine that the event is taken to have occurred for the purposes of the social security law.
126A Review of determination of youth allowance rate in relation to maintenance income The Secretary must review a decision under section 126 if: (a) the decision is a determination of the rate of youth allowance payable to a person for a period in an income year; and (b) in making the determination, the Secretary had regard to an estimate of the amount of maintenance income for a parent of the person; and Social Security (Administration) Act 1999 67 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 4 Internal review of decisions Division 2 Internal review Section 127 (c) at a time after the end of the income year, the Secretary becomes satisfied that the Secretary has sufficient information to work out the annualised amount of maintenance income for the parent for the income year for the purposes of point 1067G-GA1 of the Youth Allowance Rate Calculator in section 1067G of the 1991 Act, without regard to an estimate.
Note: Section 123AB (verification of maintenance income) applies to the review of the decision.

127 Decisions that are not reviewable by the Secretary (1) The Secretary may not, on an application under section 129, review a decision made by the Secretary himself or herself.

(2) The Secretary may not review a decision made by the Employment Secretary declaring, under section 28 of the 1991 Act, a program of work to be an approved program of work for income support payment.
(3) The Secretary may not review a decision made personally by the Agriculture Minister or the Secretary of the Agriculture Department under or in relation to the Farm Household Support Act 2014.
(4) The Secretary may not review: (aa) a decision to make a payment under paragraph 123UF(4)(a) or subsection 123UP(2); or (aaa) a decision to give a notice under subsection 123UO(3A); or (ab) a decision to give a notice (a program participant notice) under subsection 124PG(4), 124PGA(4), 124PGB(4), 124PGC(4) or 124PGE(5); or (ac) a decision under subsection 124PG(5), 124PGA(5), 124PGB(5), 124PGC(5) or 124PGE(6) to revoke a program participant notice; or 68 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Internal review of decisions Part 4 Internal review Division 2 Section 128 (a) a decision that is a reviewable decision under section 138A (decision by Commissioner about deferring or amending assessment relating to student start-up loans); or (b) a decision under section 138D or 138F (decision following reconsideration of a decision that is a reviewable decision under section 138A); or (c) a decision to give a notice under subsection 1061ZVJD(1) or 1061ZVJF(1) of the 1991 Act (decision by Commissioner to notify Secretary that incorrect or cancelled tax file number has been given in relation to student start-up loans).
128 Notice to AAT Registrar If the Secretary makes a review decision under section 126 to vary or substitute a decision after a person has applied to the AAT for a review in relation to the decision, the Secretary must give written notice of the Secretary’s review decision to the Registrar of the AAT.

129 Application for review (1) Subject to subsections (3) and (4), a person affected by a decision of an officer under the social security law may apply to the Secretary for review of the decision.
(3) If: (a) an officer makes a decision under the social security law in relation to pension bonus or essential medical equipment payment; and (b) notice is given to the person concerned; the person is not entitled to make an application under subsection (1) for review of the decision more than 13 weeks after the giving of the notice.
(4) A person may not apply under subsection (1) for review of: (a) a decision made by the Secretary himself or herself; or (c) a decision made by the Employment Secretary: Social Security (Administration) Act 1999 69 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 4 Internal review of decisions Division 2 Internal review Section 130 (i) under section 28 of the 1991 Act; or (ii) approving a course of study or a labour market program; or (iii) exempting a person from the application of a provision of the social security law; or (d) a decision made personally by the Agriculture Minister or the Secretary of the Agriculture Department under or in relation to the Farm Household Support Act 2014; or (da) a decision that is a reviewable decision under section 138A (decision by Commissioner about deferring or amending assessment relating to student start-up loans); or (db) a decision under section 138D or 138F (decision following reconsideration of a decision that is a reviewable decision under section 138A); or (dc) a decision by the Commissioner to give a notice under subsection 1061ZVJD(1) or 1061ZVJF(1) of the 1991 Act (notifying Secretary that incorrect or cancelled tax file number has been given in relation to student start-up loans); or (f) a decision made by the Chief Executive Centrelink himself or herself in the exercise of a delegated power.
(5) A reference in this section to a decision of an officer under the social security law includes a reference to a determination that the Secretary is taken, by virtue of a provision of the social security law, to have made.

130 Withdrawal of application (1) A person who has applied for review of a decision may withdraw the application at any time before the review has been completed.

(2) If an application for review of a decision is withdrawn, the application is taken never to have been made.
(3) An application may be withdrawn orally or in writing or in any other manner approved by the Secretary.
70 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Internal review of decisions Part 4 Internal review Division 2 Section 131 131 Secretary may continue payment pending outcome of application for review (1) If: (a) an adverse decision is made in relation to a social security payment; and (aa) the adverse decision is not made under Division 3AA of Part 3 (compliance with participation payment obligations: persons other than declared program participants); and (b) the adverse decision: (i) depends on the exercise of a discretion, or the holding of an opinion, by a person; or (ii) would result in the application of a compliance penalty period; and (c) a person applies to the Secretary under section 129 for review of the adverse decision; the Secretary may declare that the payment of the social security payment is to continue pending the determination of the review as if the adverse decision had not been made.
(3) A declaration under subsection (1) must be by notice in writing.

(4) While a declaration under subsection (1) is in force in relation to an adverse decision, the social security law (other than this Part) applies as if the adverse decision had not been made.
(5) A declaration under subsection (1) in relation to an adverse decision: (a) takes effect on the day on which it is made or on such earlier day (if any) as is specified in the declaration; and (b) ceases to have effect: (i) if the application for review is withdrawn—on the day the application is withdrawn; or (ii) if a decision (the review decision) is made by the Secretary on the review of the adverse decision—at the end of the period of 13 weeks beginning on the day the Social Security (Administration) Act 1999 71 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 4 Internal review of decisions Division 2 Internal review Section 132 review decision is made, or on such earlier day (if any) within that 13 week period as is specified by the Secretary; or (iii) if the declaration is revoked by the Secretary—on the day the declaration is revoked.
(5A) If: (a) an adverse decision results in a serious failure period or an unemployment non-payment period; and (b) a declaration in relation to the decision ceases to have effect under subsection (5); and (c) after the declaration ceases, the serious failure period or the unemployment non-payment period, or the balance of that period, remains to be served; the period or the balance of the period continues from the day the declaration ceases.
(6) A reference in subsection (1) to a person’s holding of an opinion is a reference to the person’s holding that opinion, whether or not the social security law expressly requires the opinion to be held before the decision concerned is made.

(7) In this section: adverse decision, in relation to a social security payment, means: (a) a decision to cancel or suspend the social security payment; or (b) a decision to reduce the rate of the social security payment.
132 Guidelines for exercise of Secretary’s power to continue payment The Minister, by legislative instrument: (a) is to determine guidelines for the exercise of the Secretary’s power to make declarations under section 131 in relation to social security payments to persons who are subject to a compliance penalty period; and 72 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Internal review of decisions Part 4 Internal review Division 2 Section 135 (b) may revoke or vary those guidelines.
135 Review of decisions following application under section 129 (1) Subject to subsection (3) and subsection 127(1), if a person applies under section 129 for review of a decision, the Secretary, the Chief Executive Centrelink or an authorised review officer must: (a) review the decision; and (b) do one of the following: (i) affirm the decision; (ii) vary the decision; (iii) set the decision aside and substitute a new decision.
(2) In the case of an application for review of a decision made by an officer of the Employment Department as a delegate of the Secretary, the reference in subsection (1) to an authorised review officer is to be read as a reference to an authorised review officer who is an officer of that Department.

(3) An authorised review officer may not review a decision relating to the exercise of the Secretary’s power under section 181 of this Act.
(5) If: (a) a person sets aside a decision under subsection (1); and (b) the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made; the Secretary may, if satisfied that it is reasonable to do so, determine that the event is taken to have occurred for the purposes of the social security law.

136 Notice of decision on review If a person makes a decision under subsection 135(1), the person must give the applicant written notice of the decision.
Social Security (Administration) Act 1999 73 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 4 Internal review of decisions Division 2 Internal review Section 137 137 Certain decisions not to be revived (1) This section has effect if: (a) the Secretary makes a determination (the first determination) that: (i) a social security payment is granted or is payable to a person; or (ii) a social security payment is payable to a person at a particular rate; and (b) the Secretary makes a determination (the second determination): (i) cancelling the social security payment; or (ii) reducing the rate at which the social security payment is payable; and (c) notice of the second determination is given to the person; and (d) the person applies under section 129 for review of the second determination; and (e) the application is made more than 13 weeks after notice of the second determination was given; and (f) a decision (the review decision) is made by the Secretary, an authorised review officer or the AAT; and (g) the review decision, or the effect of the review decision, is: (i) to set aside the second determination; or (ii) to affirm a decision setting aside the second determination.
(2) This section has effect if: (a) the Secretary makes a determination (the first determination) that: (i) a social security payment is granted or is payable to a person; or (ii) a social security payment is payable to a person at a particular rate; and (b) the Secretary makes a determination (the second determination): 74 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Internal review of decisions Part 4 Internal review Division 2 Section 137 (i) cancelling the social security payment; or (ii) reducing the rate at which the social security payment is payable; and (c) notice of the second determination is given to the person; and (d) the Secretary reviews the second determination under section 126 without any application under section 129 for review of the decision having been made; and (e) the decision of the Secretary on the review is to set aside the second determination; and (f) the decision on the review is made more than 13 weeks after notice of the second determination was given.
(3) This section has effect if: (a) the Secretary makes a determination (the first determination) that: (i) a person’s claim for a concession card is granted; or (ii) a person is qualified for a concession card; and (b) the Secretary makes a determination (the second determination) cancelling the concession card; and (c) notice of the second determination is given to the person; and (d) the person applies under section 129 for review of the second determination; and (e) the application is made more than 13 weeks after notice of the second determination was given; and (f) a decision (the review decision) is made by the Secretary, an authorised review officer or the AAT; and (g) the review decision, or the effect of the review decision, is: (i) to set aside the second determination; or (ii) to affirm a decision setting aside the second determination.
(4) This section has effect if: (a) the Secretary makes a determination (the first determination) that: (i) a person’s claim for a concession card is granted; or Social Security (Administration) Act 1999 75 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 4 Internal review of decisions Division 2 Internal review Section 138 (ii) a person is qualified for a concession card; and (b) the Secretary makes a determination (the second determination) cancelling the concession card; and (c) notice of the second determination is given to the person; and (d) the Secretary reviews the second determination under section 126 without any application under section 129 for review of the declaration having been made; and (e) the decision of the Secretary on the review is to set aside the second determination; and (f) the decision is made more than 13 weeks after notice of the second determination was given.
(5) If this section has effect: (a) the second determination does not become void from the time when it was made; and (b) the mere setting aside of the second determination does not of itself revive the first determination.
(6) For the purposes of this section, a person is taken to have applied for review of a determination (the primary determination) if: (a) the person applies for review of another determination or decision; and (b) a review of the primary determination is necessary to resolve the issues raised by the review of that other determination or decision.
138 Notification of further rights of review (1) If a person (the decision-maker) gives another person notice under section 136, the notice must include: (a) a statement to the effect that the other person may, subject to the social security law and the AAT Act, apply to the AAT for review of the decision-maker’s decision; and (b) a statement about the decision-maker’s decision that: (i) sets out the reasons for the decision; and 76 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Internal review of decisions Part 4 Internal review Division 2 Section 138 (ii) sets out the findings by the decision-maker on material questions of fact; and (iii) refers to the evidence or other material on which those findings were based.
(2) A contravention of subsection (1) in relation to notice of a decision does not affect the validity of the decision.

(3) Paragraph (1)(a) does not apply in relation to a decision that is not reviewable by the AAT (see section 144).
Social Security (Administration) Act 1999 77 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 4 Internal review of decisions Division 2A Internal review of certain Commissioner decisions relating to student start-up loans Section 138A Division 2A—Internal review of certain Commissioner decisions relating to student start-up loans 138A Decisions reviewable under this Division Each of the following is a reviewable decision for the purposes of this Division: (a) a decision by the Commissioner under section 1061ZVHE of the 1991 Act (Commissioner may defer making assessments); (b) a decision by the Commissioner under section 1061ZVHF of the 1991 Act (Commissioner may amend assessments).
138B Commissioner must give reasons for reviewable decisions (1) The Commissioner’s notice to a person of the making of a reviewable decision must include reasons for the decision.

(2) Subsection (1) does not affect an obligation, imposed upon the Commissioner by any other law, to give reasons for a decision.

138C Reviewer of decisions (1) The Commissioner is the reviewer of a reviewable decision for the purposes of this Division, subject to subsection (2).
(2) If: (a) the reviewable decision was made by a delegate of the Commissioner; and (b) the decision is to be reconsidered by a delegate of the Commissioner; then the delegate who reconsiders the decision must be a person who: (c) was not involved in making the decision; and (d) occupies a position that is senior to that occupied by any person involved in making the decision.
78 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Internal review of certain Commissioner decisions relating to student start-up loans Internal review of decisions Part 4 Division 2A Section 138D 138D Reviewer may reconsider reviewable decisions (1) The reviewer of a reviewable decision may reconsider the decision if the reviewer is satisfied that there is sufficient reason to do so.
(2) The reviewer may reconsider the decision even if: (a) an application for reconsideration of the decision has been made under section 138F; or (b) the decision has been confirmed, varied or set aside under section 138F and an application has been made under section 138H for review of the decision.

(3) After reconsidering the decision, the reviewer must: (a) confirm the decision; or (b) vary the decision; or (c) set the decision aside and substitute a new decision.
(4) The reviewer’s decision (the decision on review) to confirm, vary or set aside the decision takes effect: (a) on the day specified in the decision on review; or (b) if a day is not specified—on the day on which the decision on review was made.

(5) The reviewer must give written notice of the decision on review to the person to whom that decision relates.
(6) The notice: (a) must be given within a reasonable period after the decision is made; and (b) must contain a statement of the reasons for the reviewer’s decision on review.

Note: Section 27A of the Administrative Appeals Tribunal Act 1975 requires the person to be notified of the person’s review rights.
138E Notice to AAT Registrar If: Social Security (Administration) Act 1999 79 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 4 Internal review of decisions Division 2A Internal review of certain Commissioner decisions relating to student start-up loans Section 138F (a) a reviewer makes a decision under subsection 138D(3); and (b) at the time of the reviewer’s decision, a person has applied to the Administrative Appeals Tribunal for review of the decision reviewed by the reviewer; the reviewer must give the Registrar of the Administrative Appeals Tribunal written notice of the reviewer’s decision under subsection 138D(3).
138F Reconsideration of reviewable decisions on request (1) A person whose interests are affected by a reviewable decision may request the reviewer to reconsider the decision.

(2) The person’s request must be made by written notice given to the reviewer within 28 days, or such longer period as the reviewer allows, after the day on which the person first received notice of the decision.

(3) The notice must set out the reasons for making the request.
(4) After receiving the request, the reviewer must reconsider the decision and: (a) confirm the decision; or (b) vary the decision; or (c) set the decision aside and substitute a new decision.

(5) The reviewer’s decision (the decision on review) to confirm, vary or set aside the decision takes effect: (a) on the day specified in the decision on review; or (b) if a day is not specified—on the day on which the decision on review was made.
(6) The reviewer must give the person written notice of the decision on review.
(7) The notice: 80 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Internal review of certain Commissioner decisions relating to student start-up loans Internal review of decisions Part 4 Division 2A Section 138G (a) must be given within a reasonable period after the decision on review is made; and (b) must contain a statement of the reasons for the decision on review.
Note: Section 27A of the Administrative Appeals Tribunal Act 1975 requires the person to be notified of the person’s review rights.

(8) The reviewer is taken, for the purposes of this Division, to have confirmed the decision if the reviewer does not give notice of a decision to the person within 45 days after receiving the person’s request.
138G Withdrawal of request (1) A person who has requested the reviewer to reconsider a reviewable decision may, by written notice given to the reviewer, withdraw the request at any time before the review has been completed.

(2) If a request is withdrawn, the request is taken never to have been made.
138H AAT review of reviewable decisions Applications may be made to the Administrative Appeals Tribunal for review of reviewable decisions that have been confirmed, varied or set aside under section 138D (Reviewer may reconsider reviewable decisions) or 138F (Reconsideration of reviewable decisions on request).
138J Decision changed before AAT review completed Decision varied (1) If the reviewer varies a reviewable decision under subsection 138D(3) after an application has been made to the Administrative Appeals Tribunal for review of that decision but Social Security (Administration) Act 1999 81 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 4 Internal review of decisions Division 2A Internal review of certain Commissioner decisions relating to student start-up loans Section 138J before the determination of the application, the application is taken to be an application for review of the decision as varied.
Decision set aside and a new decision substituted (2) If the reviewer sets aside a reviewable decision under subsection 138D(3) and substitutes a new decision, after an application has been made to the Administrative Appeals Tribunal for review of the reviewable decision but before the determination of the application, the application is taken to be an application for review of the new decision.
82 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Review by the AAT Part 4A Preliminary Division 1 Section 139 Part 4A—Review by the AAT Division 1—Preliminary 139 Simplified outline of this Part If a person is dissatisfied with a decision of an officer under the social security law, the person may apply to the AAT for a review (an “AAT first review”) of the decision.
If a person is dissatisfied with a decision of the AAT on AAT first review, the person may apply to the AAT for further review (an “AAT second review”).

The rules relating to AAT review of decisions are mainly in the AAT Act, but the operation of that Act is modified in some ways by this Part for the purposes of those reviews.

The AAT Act allows a person to appeal to a court from a decision of the AAT on AAT second review.
Social Security (Administration) Act 1999 83 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 4A Review by the AAT Division 2 AAT first review Section 140 Division 2—AAT first review Subdivision A—Preliminary 140 Application of Division (1) This Division applies to the review by the AAT of a decision of an officer under the social security law, including an employment pathway plan decision and a section 525B decision.
Note: A review for which an application may be made in accordance with this Division is an AAT first review (see section 142).

(2) A reference in this section to a decision of an officer under the social security law includes a reference to a determination that the Secretary is taken, by virtue of a provision of the social security law, to have made.
140A Definition of employment pathway plan decision For the purposes of this Act, an employment pathway plan decision is: (a) a decision of the Employment Secretary under subsection 40A(3) to notify a person of the requirement to enter into an employment pathway plan, where the notification does not give the person the option of entering into the plan under section 40E; or (b) a decision of the Employment Secretary under subsection 40D(4) to approve requirements in an employment pathway plan; or (c) a decision of the Employment Secretary under subsection 40V(1) to vary an employment pathway plan; or (d) a decision of the Employment Secretary under paragraph 40V(3)(b) to refuse to vary an employment pathway plan.
84 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Review by the AAT Part 4A AAT first review Division 2 Section 140A 140A Definitions of employment pathway plan decision and section 525B decision In this Act: employment pathway plan decision means any of the following: (a) a decision under section 501A of the 1991 Act, to the extent to which it relates to the terms of a Parenting Payment Employment Pathway Plan that is in force; (b) a decision under section 544B of the 1991 Act, to the extent to which it relates to the terms of a Youth Allowance Employment Pathway Plan that is in force; (c) a decision under section 606 of the 1991 Act, to the extent to which it relates to the terms of a Jobseeker Employment Pathway Plan that is in force; (d) a decision under section 731M of the 1991 Act, to the extent to which it relates to the terms of a Special Benefit Employment Pathway Plan that is in force.
section 525B decision means a decision under section 525B of the 1991 Act (as previously in force), to the extent to which it related to the terms of a Job Search Activity Agreement that was previously in force.
Subdivision B—AAT first review: applications 142 Reviewable decisions (1) Subject to section 144, application may be made to the AAT for review (AAT first review) of: (a) a decision of the Secretary, the Chief Executive Centrelink or an authorised review officer made under section 126 or 135; or (b) a decision under this Act made personally by the Secretary or the Chief Executive Centrelink.
Social Security (Administration) Act 1999 85 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 4A Review by the AAT Division 2 AAT first review Section 142A (4) For the purposes of subsection (1), the decision made by the Secretary, the Chief Executive Centrelink or the authorised review officer is taken to be: (a) if the Secretary, the Chief Executive Centrelink or the authorised review officer affirms a decision—that decision as affirmed; and (b) if the Secretary, the Chief Executive Centrelink or the authorised review officer varies a decision—that decision as varied; and (c) if the Secretary, the Chief Executive Centrelink or the authorised review officer sets a decision aside and substitutes a new decision—the new decision.
142A Person who made the decision For the purposes of AAT first review of a decision, a reference in the AAT Act to the person who made the decision is taken to be a reference to: (a) the Secretary; and (b) if the decision was 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 or the Employment Secretary—the Chief Executive Centrelink.
143 Application requirement—employment pathway plan decisions The AAT may only carry out an AAT first review of an employment pathway plan decision if the application for AAT first review is expressed to be for that decision.
144 Non-reviewable decisions The AAT cannot review any of the following decisions: (d) a decision under section 36 or 36A of the 1991 Act; 86 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Review by the AAT Part 4A AAT first review Division 2 Section 144 (daa) a decision under the 1991 Act or this Act in relation to Part 2.27 of the 1991 Act (Northern Territory CDEP transition payment); (da) a decision under section 1061ZZGC of the 1991 Act; (e) a decision under a provision dealing with the approval by the Secretary of a course, labour market program, program of work for income support payment or rehabilitation program; (f) a decision under section 16 of this Act; (faa) a decision under subsection 42AM(1) of this Act; (fa) a decision under subsection 42P(3) of this Act; (g) a decision under section 58 or 59 to pay an amount to a person; (h) a decision to make a payment under section 75 of this Act; (i) a decision, under subsection 59(3) of this Act, to grant a claim for a pension bonus after the claimant has died; (k) a decision to give a notice under Subdivision B of Division 6 of Part 3 of this Act; (l) a decision to make a payment under paragraph 123UF(4)(a) or subsection 123UP(2); (laa) a decision to give a notice under subsection 123UO(3A); (la) a decision to give a notice (a program participant notice) under subsection 124PG(4), 124PGA(4), 124PGB(4), 124PGC(4) or 124PGE(5); (lb) a decision under subsection 124PG(5), 124PGA(5),
 124PGB(5), 124PGC(5) or 124PGE(6) to revoke a program participant notice; (m) a decision under section 131 or 145 of this Act; (n) a decision under Division 1 of Part 5 of this Act; (o) a decision under section 238 of this Act; (p) a decision of the Secretary: (i) determining, under subsection 1100(2) of the 1991 Act, that it is not appropriate for that subsection to apply in respect of a payment or a class or kind of payments; or Social Security (Administration) Act 1999 87 Future compilation prepared on 9
 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 4A Review by the AAT Division 2 AAT first review Section 145 (ii) determining, in accordance with section 1100 of the 1991 Act, that a rate of exchange is appropriate for the calculation of the value in Australian currency of an amount (the foreign amount) received by a person in a foreign currency if that rate does not differ by more than 5% from the rate of exchange that was applied when the person received Australian currency for the foreign amount; (s) a decision relating to the Secretary’s power under section 182 of this Act to settle proceedings before the AAT.
145 Secretary may continue payment pending outcome of application for review (1) If: (a) an adverse decision is made in relation to a social security payment; and (aa) the adverse decision is not made under Division 3AA of Part 3 (compliance with participation payment obligations: persons other than declared program participants); and (b) the adverse decision: (i) depends on the exercise of a discretion by a person or the holding of an opinion by a person; or (ii) would result in the application of a compliance penalty period; and (c) a person applies for AAT first review of the adverse decision; the Secretary may declare that payment of the social security payment is to continue, pending the determination of the review, as if the adverse decision had not been made.
(2) A declaration must be by notice in writing.

(3) While a declaration under subsection (1) is in force in relation to an adverse decision, the social security law (other than this Division) applies as if the adverse decision had not been made.
88 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Review by the AAT Part 4A AAT first review Division 2 Section 145 (4) A declaration under subsection (1) in relation to an adverse decision: (a) takes effect on the day on which the declaration is made or on such earlier day (if any) as is specified in the declaration; and (b) ceases to have effect: (i) if the application for AAT first review is dismissed—on the day the application is dismissed; or (ii) if the AAT makes a decision on AAT first review of the adverse decision—at the end of the period of 13 weeks beginning on the day the AAT’s decision is made, or on an earlier day specified by the Secretary; or (iii) if the declaration is revoked by the Secretary—on the day the declaration is revoked.
(4A) If: (a) an adverse decision results in a serious failure period or an unemployment non-payment period; and (b) a declaration in relation to the decision ceases to have effect under subsection (4); and (c) after the declaration ceases, the serious failure period or the unemployment non-payment period, or the balance of that period, remains to be served; the period or the balance of the period continues from the day the declaration ceases.
(5) A reference in subsection (1) to a person’s holding of an opinion is a reference to the person’s holding that opinion, whether or not the social security law expressly requires the opinion to be held before the decision concerned is made.

(5A) If a declaration under subsection (1) is in force in relation to a decision for which an application for AAT first review has been made, the President of the AAT must take reasonable steps to ensure the decision is reviewed as quickly as possible.
Social Security (Administration) Act 1999 89 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 4A Review by the AAT Division 2 AAT first review Section 146 (6) In this section: adverse decision, in relation to a social security payment, means: (a) a decision to cancel or suspend the social security payment; or (b) a decision to reduce the rate of the social security payment.
146 Guidelines for exercise of Secretary’s power to continue payment The Minister, by legislative instrument: (a) is to set guidelines for the exercise of the Secretary’s power to make a declaration under subsection 145(1) affecting payments to persons who are subject to a compliance penalty period; and (b) may revoke or vary those guidelines.
Subdivision C—AAT first review: relationship with AAT Act 147 Application and modification of AAT Act For the purposes of AAT first review under this Division, a provision of the AAT Act listed in an item of the following table is disapplied or modified as set out in that item, in relation to the decision or matter under this Act set out in that item.
Application and modification of AAT Act Item Decision or matter Provision of AAT Act Application or modification of provision of AAT Act 1 A decision to which this Division applies Paragraph 29(1)(d) (time limit for lodging review application) The paragraph does not apply 90 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Review by the AAT Part 4A AAT first review Division 2 Section 147 Application and modification of AAT Act Item Decision or matter Provision of AAT Act Application or modification of provision of AAT Act Subsections 35(1) and (2) (public and private hearings) Section 40A (power to summon person to give evidence or produce documents) Subsection 41(2) (operation and implementation of decision subject to review) Subsection 43(1) (AAT’s decision on review) 2 3 4 5 A decision to which this Division applies A decision to which this Division applies A decision to which this Division applies A decision to which this Division applies, other than an employment pathway plan decision or a section 525B decision The subsections do not apply The section does not apply The subsection does not apply The subsection does not apply in relation to a power or discretion conferred by the social security law on the Secretary under the following provisions: (a) a provision dealing with the form and place of lodgement of a claim; (b) a provision dealing with the manner of payment of a social security payment; (c) section 1061ZZGC of the 1991
 Act; (d) section 1233 of the 1991 Act; (e) a provision dealing with the giving of a notice requiring information; Social Security (Administration) Act 1999 91 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 4A Review by the AAT Division 2 AAT first review Section 147 Application and modification of AAT Act Item Decision or matter Provision of AAT Act Application or modification of provision of AAT Act (f) section 1100 of the 1991 Act; (g) section 131 or 145 of this Act;
 (h) a provision dealing with the imposition of requirements before the grant of a social security payment; (i) a provision dealing with the deduction of amounts from payments of a social security payment for tax purposes The subsection has effect as if the following were omitted: (a) the words “may exercise all the powers and discretions that are conferred by any relevant enactment on the person who made the decision and”; (b) paragraph (b); (c) subparagraph (c)(i) The subsections do not apply The subsection has effect as if the decision under review had taken effect on the day a person applied for AAT first review of the decision, if: 6 7 8 An employment pathway plan decision or a section 525B decision Subsection 43(1) (AAT’s decision on review) Subsections 43(2) and (2A) (AAT must give reasons for its decision) Subsection 43(6) (AAT’s decision taken to be decision of decision-maker) A decision to which this Division applies Date of effect of decision on AAT first review, other than an AAT decision in relation to an employment 92 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Review by the AAT Part 4A AAT first review Division 2 Section 147 Application and modification of AAT Act Item Decision or matter pathway plan decision Provision of AAT Act Application or modification of provision of AAT Act (a) the person is given written notice of the decision under the social security law; and
 (b) the person applies for AAT first review more than 13 weeks after the notice was given; and (c) on AAT first review, the AAT varies the decision or sets the decision aside and substitutes a new decision; and (d) the effect of the AAT’s decision is: (i) to grant the person’s claim for a social security payment or a concession card; or (ii) to direct the making of a payment of a social security payment to the person or the issue of a concession card to the person, as the case may be; or (iii)to increase
 the rate of the person’s social security payment Social Security (Administration) Act 1999 93 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 4A Review by the AAT Division 2 AAT first review Section 148 Subdivision D—AAT first review: other matters 148 Procedure on receipt of application for AAT first review (1) The AAT may, in relation to an application for AAT first review, request the Secretary to lodge with the AAT the statement and other documents referred to in subsection 37(1) of the AAT Act before the end of the period that otherwise applies under that subsection.
(2) If the AAT does so, the Secretary must take reasonable steps to comply with the request.

(3) Nothing in this section prevents the operation of subsection 37(1A) of the AAT Act.

165 Provision of further information by Secretary (1) The AAT may ask the Secretary to provide the AAT with any information or document in the Secretary’s possession that is relevant to an AAT first review of a decision.
(2) The Secretary must comply with a request under subsection (1) as soon as practicable and, in any event, not later than 14 days after the request is made.
165A Power to obtain information or documents (1) If the AAT reasonably believes that a person has information or a document that is relevant to an AAT first review, the AAT may, by written notice given to a person, require the person: (a) to give to the AAT, within the period and in the manner specified in the notice, any such information; or (b) to produce to the AAT, within the period and in the manner specified in the notice, any such documents.
(2) A person commits an offence if: (a) the AAT gives the person a notice under subsection (1); and 94 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Review by the AAT Part 4A AAT first review Division 2 Section 166 (b) the person fails to comply with the notice.

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

(3) Subsection (2) does not apply if complying with the notice might tend to incriminate the person.
Note: See item 3 of the table in section 147.

166 Exercise by Secretary of powers under section 192 (1) The AAT may ask the Secretary to exercise the Secretary’s powers under section 192 if the AAT reasonably believes that a person will be able to give information, or produce a document, that is relevant to an AAT first review of a decision.

(2) The Secretary must comply with a request under subsection (1) as soon as practicable and, in any event, within 7 days after the request is made.
(3) Section 191A does not apply to the Secretary when complying with a request under subsection (1).

168 Hearing in private (1) The hearing of an AAT first review is to be in private.

(2) The AAT may give directions, in writing or otherwise, as to the persons who may be present at the hearing.

(3) In giving directions under subsection (2), the AAT must have regard to the wishes of the parties and the need to protect their privacy.

Note: See item 2 of the table in section 147.


176 Costs of review (1) Subject to subsection (4), a party to an AAT first review must bear any expenses incurred by the party in connection with the review.
Social Security (Administration) Act 1999 95 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 4A Review by the AAT Division 2 AAT first review Section 177 (2) The AAT may determine that the Commonwealth is to pay the reasonable costs that are: (a) incurred by a party for travel and accommodation in connection with the review; and (b) specified in the determination.
(3) If the AAT arranges for the provision of a medical service in relation to a party to the review, the AAT may determine that the Commonwealth is to pay the costs of the provision of the service.

(4) If the AAT makes a determination under subsection (2) or (3), the costs to which the determination relates are payable by the Commonwealth.
177 Assessment of rate of social security payment If, on AAT first review, the AAT sets aside a decision (other than an employment pathway plan decision) and substitutes for it a decision that a person is entitled to a social security payment, the AAT must: (a) assess the rate at which the social security payment is to be paid to the person; or (b) ask one of the following persons to assess the rate at which the social security payment is to be paid: (i) for a decision in relation to a pension bonus or pension bonus bereavement payment—the Secretary; (ii) for other decisions—the Secretary or the Chief Executive Centrelink, as the case requires.
178 Notification of decisions and reasons for AAT first review (1) If, on AAT first review of a decision, the AAT makes a decision under subsection 43(1) of the AAT Act to affirm the decision under review, the AAT must, within 14 days of making its decision: (a) give a written notice to the parties that sets out the decision; and 96 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Review by the AAT Part 4A AAT first review Division 2 Section 178 (b) either: (i) give reasons for the decision orally to the parties and explain that they may request a written statement of reasons; or (ii) give the parties a written statement of reasons for the decision.
(2) If, on AAT first review of a decision, the AAT makes a decision under subsection 43(1) of the AAT Act that is other than to affirm the decision under review, the AAT must, within 14 days of making its decision: (a) give a written notice to the parties that sets out the decision; and (b) give the parties a written statement of reasons for the decision.

(3) A failure to comply with subsection (1) or (2) does not affect the validity of the decision.
(4) A party to whom oral reasons are given may, within 14 days after the oral reasons are given, request a written statement of reasons for the decision.

If the party does so, the AAT must give the party the statement requested within 14 days after receiving the request.
Social Security (Administration) Act 1999 97 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 4A Review by the AAT Division 3 AAT second review Section 179 Division 3—AAT second review Subdivision A—AAT second review: applications 179 Application for AAT second review (1) Application may be made to the AAT for review (AAT second review) of a decision of the AAT on AAT first review made under subsection 43(1) of the AAT Act.
(2) For the purposes of subsection (1), the decision of the AAT on AAT first review is taken to be: (a) if an AAT first review affirms a decision—that decision as affirmed; or (b) if an AAT first review varies a decision—that decision as varied; or (c) if an AAT first review sets a decision aside and substitutes a new decision—the new decision; or (d) if an AAT first review sets a decision aside and sends the matter back to the Secretary for reconsideration in accordance with any directions or recommendations of the AAT—the directions or recommendations of the AAT.
Subdivision B—AAT second review: relationship with AAT Act 180 Application and modification of AAT Act For the purposes of AAT second review under this Division, a provision of the AAT Act listed in an item of the following table is disapplied or modified as set out in that item.
98 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Review by the AAT Part 4A AAT second review Division 3 Section 180 Application and modification of AAT Act Item Provision of AAT Modification of provision of AAT Act 2 3 4 5 Act Paragraph 30(1)(b) (parties to proceeding) Section 41 (operation and implementation of decision subject to review) Subsection 41(4) (submissions on stay of decision) Subsection 42A(2) (dismissal of review application for failure to appear) The paragraph has effect as if the reference to the person who made the decision were a reference to each party to the relevant AAT first review, other than the applicant for AAT second review.
The section has effect as if references to the decision to which the relevant proceeding relates were references to: (a) if, on AAT first review, the AAT affirmed the decision (the original decision) the subject of that review— the original decision; and (b) otherwise—both the original decision and whichever of the following is applicable in relation to the AAT first review: (i) the original decision as varied by the AAT; (ii) the decision substituted by the AAT; (iii)the decision made as a result of reconsideration by the Secretary in accordance with any directions or recommendations of the AAT The subsection has effect as if the references to the person who made the decision were references to each party to the relevant AAT first review The subsection has effect as if the reference to the person who made the decision were a reference to the Secretary.
Social Security (Administration) Act 1999 99 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 4A Review by the AAT Division 4 Matters relating to AAT first review and AAT second review Section 181 Division 4—Matters relating to AAT first review and AAT second review 181 Settlement of proceedings before the AAT (1) The Secretary may agree, in writing, with other parties to settle proceedings before the AAT that relate to the recovery of a debt.
(2) If proceedings are settled and the Secretary gives the AAT a copy of the agreement to settle the proceedings, the application for review of the decision the subject of the proceedings is taken to have been dismissed.
182 Variation or substitution of decision before AAT review determined (1) If an officer varies or substitutes a decision after an application has been made to the AAT for AAT first review of the decision, the application is taken to be an application for review of the decision as varied or substituted.
(2) If an officer varies or substitutes a decision after an application has been made for AAT second review in relation to the decision: (a) the AAT is taken, on AAT first review, to have varied or substituted the decision under review in the way the officer did; and (b) the application is taken to be an application for AAT second review of the decision as varied or substituted.
(3) If the person who made the application does not want the AAT to review the decision as varied or substituted, the person may notify the AAT under subsection 42A(1A) or (1AA) of the AAT Act that the application is discontinued or withdrawn.
183 Secretary or AAT may treat event as having occurred (1) If: 100 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Review by the AAT Part 4A Matters relating to AAT first review and AAT second review Division 4 Section 183 (a) on AAT first review of a decision, the AAT sets the decision aside; and (b) the Secretary or the AAT, as the case may be, is satisfied that an event that did not occur would have occurred if the decision had not been made; the Secretary or the AAT may, if satisfied that it is reasonable to do so, treat the event as having occurred for the purposes of the social security law.
(2) If: (a) on AAT second review of a decision, the AAT sets the decision aside; and (b) the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made; the Secretary may, if satisfied that it is reasonable to do so, treat the event as having occurred for the purposes of the social security law.
Social Security (Administration) Act 1999 101 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 5 Information management Division 1 Information gathering Section 191 Part 5—Information management Division 1—Information gathering 191 Application of Division This Division: (a) binds the Crown in each of its capacities; and (b) extends to: (i) acts, omissions, matters and things outside Australia, whether or not in a foreign country; and (ii) all persons, irrespective of their nationality or citizenship.
191A Reasonable belief needed to require information or documents The Secretary can only require a person to: (a) give information; or (b) produce a document; under this Division if the Secretary reasonably believes that the person will be able to give the information or produce the document.
192 General power to obtain information The Secretary may require a person to give information, or produce a document, to the Department if the Secretary considers that the information or document may be relevant to one or more of the following: (a) the question whether a person who has made a claim for a social security payment is or was qualified for a social security payment; (aa) the question whether a person is or was qualified for a social security payment for which a claim is not required; 102 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Information management Part 5 Information gathering Division 1 Section 193 (b) the question whether a social security payment is payable to a person who is receiving the payment; (c) the question whether a social security payment was payable to a person who has received the payment; (d) the rate of social security payment that is or was applicable to a person; (daa) the operation of Division 3AA or 3A of Part 3; (da) the question whether a person who has made a claim under the Social Security (Fares Allowance) Rules 1998 was eligible for fares allowance; (db) the operation of Part 3B or 3D; (e) the administration of an agreement between Australia and a foreign country on social security matters; (f) the question whether a person who has been granted a concession card is or was qualified for the card; (g) the question whether a person who has applied for financial supplement is eligible for the supplement; (h) the question whether a person who has obtained a financial supplement is or was eligible for the supplement; (i) the determination of the maximum amount of financial supplement that a person is eligible for; (j) the question whether an assurance of support given under Chapter 2C of the 1991 Act should be accepted or rejected; (k) an inquiry or investigation into a matter mentioned in any of the above paragraphs.
193 Power to obtain information from a person who owes a debt to the Commonwealth The Secretary may require a person who owes a debt to the Commonwealth under or as a result of the social security law: (a) either to: (i) give to the Department information that is relevant to the person’s financial situation; or Social Security (Administration) Act 1999 103 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 5 Information management Division 1 Information gathering Section 194 (ii) produce to the Department a document that is relevant to the person’s financial situation; and (b) if the person’s address changes—to inform the Department of the new address within 14 days after the change.
194 Obtaining information about a person who owes a debt to the Commonwealth The Secretary may require a person to give information, or produce a document, to the Department if the Secretary considers the information or document: (a) would help the Department locate another person (the debtor) who owes a debt to the Commonwealth under or as a result of the social security law; or (b) is relevant to the debtor’s financial situation.

195 Obtaining information to verify claims etc.
(1) The Secretary may require a person to give information about a class of persons to the Department for any or all of the following purposes: (a) to detect cases in which amounts of social security payment under the social security law have been paid when they should not have been paid; (b) to detect cases in which concession cards have been granted to persons to whom they should not have been granted; (c) to verify the qualification of persons who have made claims for social security payments under the social security law for those payments; (ca) to facilitate the administration of Part 3B; (cb) to facilitate the administration of Part 3C (schooling requirements); (cc) to facilitate the administration of Part 3D (about cashless welfare arrangements); (d) to verify the eligibility of persons who have applied for financial supplement.
104 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Information management Part 5 Information gathering Division 1 Section 195 (2) The information that the Secretary may require about each person in the class of persons is all or any of the following information (but no other information): (a) full name and any previous name; (b) address; (c) sex; (d) marital status; (e) date of birth; (f) date of death; (g) dates of entries into and departures from Australia; (h) any payments received by the person from the person given the notice, within the period of 52 weeks before the giving of the notice, and the account number of the account into which any of those payments were paid; (ha) in relation to any legal or equitable estate or interest in real property held by the person: (i) the name of the owner of the property; (ii) the address of the property; (iii) the details of the title documents for the property; (i) in relation to a course of study being undertaken by the person: (i) the name of the educational institution that the person is attending; and (ii) the name of any educational institution previously attended by the person; and (iii) the person’s enrolment status; and (iv) the person’s student identification number; and (v) the name of the course; and (vi) the course code; and (vii) the date on which the course started or starts; and (viii) the date on which the course ends; and (ix) the subject or unit code; and (x) the normal
 full-time study work load for the course; and Social Security (Administration) Act 1999 105 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 5 Information management Division 1 Information gathering Section 195 (xi) indicators of the person’s work load, including (but not limited to) effective full-time student units, credit points, contact hours, number of subjects undertaken and number of assignments completed; and (xii) the number of semesters required to complete the
 course; and (xiii) the date on which the person first attended, or will first attend, the course; and (xiv) the date on which the person last attended, or will last attend, the course; and (xv) whether the person has discontinued the course and, if the person has discontinued the course, the date on which it happened; and (xvi) details of any unapproved absences from the course; and (xvii) the results or grade obtained by the person; and (xviii) the amount or value of a disqualifying accommodation scholarship or disqualifying education costs scholarship received by the person; (j) in relation to any employment of the person by the person given the notice: (i) the date on which the person’s employment started; and (ii) the date on which the person’s employment ended; (ja) in relation to an income stream received by the person: (i) the type of income stream; and (ii) a unique identifier allocated to the income stream (also known as a product reference number); and (iii) the date on which the income stream was purchased; and (iv) the purchase price; and (v) the commencement day; and (vi) the date of the first payment under the income stream; and (vii) the relevant number; and 106 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Information management Part 5 Information gathering Division 1 Section 195 (viii) the account balance of the income stream as at the date of the notice; and (ix) the account balance of the income stream on 1 July of the financial year in which the notice is given; and (x) for every payment made under the income stream in the 52 weeks before the date of the notice—the gross amount of the payment, the date on which it was paid and, if the payment is paid as a lump sum, the period to which the payment relates; and (xi) for every payment to be made under the income stream in the 52 weeks after the date of the notice—the gross amount of the payment and the date on which it
 is to be paid; and (xii) the date on which, rate at which and way in which the income stream is indexed; and (xiii) the residual capital value; and (xiv) if there is a reversionary beneficiary to which the income stream reverts on the death of the person—the name of the reversionary beneficiary and the percentage of the income stream that the reversionary beneficiary will receive; and (xv) if the income stream was purchased before 20 September 2007—whether the income stream satisfies section 9A, 9B or 9BA of the 1991 Act, as those sections applied immediately before that date; and (xvi) if the income stream was purchased on or after 20 September 2007—whether the income stream was purchased with funds resulting from the commutation of an asset-test exempt income stream and whether it is eligible to retain its asset-test exempt income stream status; and (xvii) if the income stream is commuted—the date of commutation and the commuted amount; and (xviii) if the income stream is a defined benefit income stream—the deductible amount for the year in which the Social Security (Administration) Act 1999 107 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 5 Information management Division 1 Information gathering Section 195 notice is given and the method used to work out the tax free components of that deductible amount; and (xix) if payments made under the income stream represent an amount for a child of the person—the number of children for which payment is made and the gross amount of each payment made under the income stream for each child; and (xx) any other information required by the Minister in an instrument made under subsection (3A); (k) for the purposes of Part 3C (schooling requirements), in relation to a schooling requirement child—any information relevant to the child’s past or present enrolment, or attendance, at school (within the meaning of that Part); (l) for the purposes of Part 3C (schooling requirements), in relation
 to a person in respect of whom a compliance notice is in force—any information relevant to the person’s compliance with the notice.
(3) The Secretary may require information about a particular class of persons whether or not the Secretary is able to identify any of the persons in that class as being: (a) persons: (i) who have received; or (ii) who are receiving; or (iii) who have made claims for; social security payments; or (b) persons: (i) who are the holders of concession cards; or (ii) who have made claims for concession cards; or (c) persons who have applied for financial supplement.
(3A) The Minister may, by legislative instrument, specify information required to be given in relation to an income stream received by a person.
108 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Information management Part 5 Information gathering Division 1 Section 196 (3B) Before making an instrument under subsection (3A), the Minister must consult the Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010) and have regard to any submissions made by the Information Commissioner because of that consultation.
(4) Within 13 weeks after information is given in response to a requirement under subsection (1), the Secretary must decide which (if any) of the information is, or is likely to be, relevant to a matter referred to in subsection (1).
(5) If the Secretary decides, within the 13 week period, that some or all of the information given in response to the requirement is not, or is not likely to be, relevant to a matter referred to in subsection (1), the Secretary must ensure that any record of the irrelevant information is destroyed.

(6) If the Secretary has not made a decision under subsection (4) at the end of the 13 week period, the Secretary must ensure that any record of all or any part of the information is destroyed.
196 Written notice of requirement (1) A requirement under this Division must be made by written notice given to the person of whom the requirement is made.
(2) The notice: (a) may be given personally or by post or in any other manner approved by the Secretary; and (b) must specify: (ia) a description of the information or document to which the requirement relates; and (i) how the person is to give the information or produce the document to which the requirement relates; and Social Security (Administration) Act 1999 109 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 5 Information management Division 1 Information gathering Section 197 (ii) the period within which the person is to give the information or produce the document to the Department; and (iii) the officer (if any) to whom the information is to be given or the document is to be produced; and (iv) that the notice is given under this section.
Note: The notice may describe the information or documents by class (see subsection 33(3AB) of the Acts Interpretation Act 1901).

(3) For the purposes of subparagraph (2)(b)(ii), the period must not end earlier than 14 days after the notice is given, unless the Secretary is satisfied that it is reasonable in the circumstances, for the purposes of the effective administration of the social security law, to specify a shorter period.
(4) The notice may require the person to give the information by appearing before a specified officer to answer questions.

(5) If the notice requires the person to appear before an officer, the notice must specify: (a) a time and place at which the person is to appear; and (b) that the person may be accompanied by a lawyer.
(6) For the purposes of subsection (5), the time must be at least 14 days after the notice is given, unless the Secretary is satisfied that it is reasonable in the circumstances, for the purposes of the effective administration of the social security law, to specify an earlier time.

197 Offence—failure to comply with requirement (1) A person must not refuse or fail to comply with a requirement under this Division to give information or produce a document.
Penalty: Imprisonment for a term not exceeding 12 months.

(2) Subsection (1) applies only to the extent to which the person is capable of complying with the requirement.

110 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Information management Part 5 Information gathering Division 1 Section 197A (3) Subsection (1) does not apply if the person has a reasonable excuse.
197A Self-incrimination (1) A person is not excused from giving information, or producing a document, under this Division on the ground that the information, or production of the document, might tend to incriminate the person or expose the person to a penalty.
(2) However, in the case of an individual: (a) the information given or document produced; and (b) giving the information or producing the document; and (c) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the document; are not admissible in evidence against the individual in any criminal proceedings, other than: (d) proceedings for an offence against subsection 197(1); or (e) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Division; or (f) proceedings for an offence against Division 145 of the Criminal Code; or (g) proceedings for an offence against section 217 that relates: (i) to this Division; and (ii) to a contravention of subsection 212(1), 213(1), 214(1), 214(2) or 216(3).
197B Use of information in investigations etc.

Subject to subsection 197A(2), nothing in this Division prevents information given, or a document produced, under this Division by a person from being used in: (a) an inquiry or investigation into a matter; or (b) criminal proceedings.
Social Security (Administration) Act 1999 111 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 5 Information management Division 1 Information gathering Section 198 198 Relationship with other laws (1) Nothing contained in a law of a State or a Territory operates to prevent a person from: (a) giving information; or (b) producing a document; or (c) giving evidence; that the person is required to give or produce to the Department or an officer for the purposes of the social security law.
(2) This Division does not require a person to give information or produce a document to the extent that in doing so the person would contravene a law of the Commonwealth (other than a law of a Territory).
112 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Information management Part 5 End-of-employment statements Division 2 Section 199 Division 2—End-of-employment statements 199 Request for end-of-employment statement If a person’s employment (including employment under a contract for services) ceases, the person may request his or her former employer to give the person a statement, in accordance with a form approved by the Secretary, about that employment.
200 Offence—failure to give end-of-employment statement (1) If a person makes a request under section 199, the former employer must comply with the request as soon as practicable.

Penalty: Imprisonment for a term not exceeding 12 months.

(2) Strict liability applies to the element of an offence against subsection (1) that a request is a request under section 199.
Social Security (Administration) Act 1999 113 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 5 Information management Division 3 Confidentiality Section 201 Division 3—Confidentiality 201 Operation of Division (1) Nothing in this Division prevents a person from disclosing information to another person if the information is disclosed for the purposes of the Child Support (Registration and Collection) Act 1988 or the Child Support (Assessment) Act 1989.
(2) The provisions of this Division that relate to the disclosure of information do not affect the operation of the Freedom of Information Act 1982.
201A Definitions In this Division: officer means: (a) a person who is or has been an officer within the meaning of subsection 23(1) of the 1991 Act; or (b) a person who is or has been appointed or employed by the Commonwealth and who, as a result of that appointment or employment, may acquire or has acquired information concerning a person under the social security law; or (c) a person who, although not appointed or employed by the Commonwealth, performs or did perform services for the Commonwealth and who, as a result of performing those services, may acquire or has acquired information concerning a person under the social security law.
taxation information means information (including protected information within the meaning of subsection 355-30(1) in Schedule 1 to the Taxation Administration Act 1953 but not including a tax file number) that is held by a taxation officer.
taxation officer means the following: 114 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Information management Part 5 Confidentiality Division 3 Section 202 (a) a person who is a taxation officer within the meaning of subsection 355-30(2) in Schedule 1 to the Taxation Administration Act 1953; (b) an entity covered by section 355-15 in that Schedule.
202 Permitted obtaining of, making a record of, disclosure of or use of protected information (1) A person may obtain protected information if the information is obtained for the purposes of: (a) the social security law; or (c) the Dental Benefits Act 2008; or (d) the Family Homelessness Prevention and Early Intervention Pilot; or (da) administering scholarships: (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 (2DA) of this section for the purposes of this subparagraph; or (e) administering Commonwealth scholarships payable under Part 2-4 of the Higher Education Support Act 2003; or (f) the Digital Switch-over Household Assistance Program; or (g) the Business Services Wage Assessment Tool Payment Scheme Act 2015; or (h) the National Redress Scheme for Institutional Child Sexual Abuse Act 2018.
Note: For an example of obtaining protected information for the purposes of the social security law, see section 202A.
(2) A person may: (a) make a record of protected information; or (b) disclose such information to any person; or (c) otherwise use such information; Social Security (Administration) Act 1999 115 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 5 Information management Division 3 Confidentiality Section 202 if the record, disclosure or use made of the information by the person is made: (d) for the purposes of the social security law or the Dental Benefits Act 2008; or (daa) for the purposes of the family assistance law; or (dab) for the purposes of the Paid Parental Leave Act 2010; or (dac) for the purposes of the Student Assistance Act 1973; or (da) for the purposes of the Family Homelessness Prevention and Early Intervention Pilot; or (daaa) for the purposes of the administration of scholarships: (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 (2DA) of this section for the purposes of this subparagraph; or (db) for the purposes of the administration of Commonwealth scholarships payable under Part 2-4 of the Higher Education Support Act 2003; or (dc) for the purposes of the Digital Switch-over Household Assistance Program; or (dd) for the purposes of the Business Services Wage Assessment Tool Payment Scheme Act 2015; or (de) for the purposes of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018; or (e) for the purpose for which the information was disclosed to the person under section 207 or 208 of this Act; or (f) with the express or implied authorisation of the person to whom the information relates.
Note: For an example of a disclosure of, making a record of or the use of protected information for the purposes of the social security law, see section 202A.

(2AA) A person may use protected information to produce information in an aggregated form that does not disclose, either directly or indirectly, information about a particular person.
116 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Information management Part 5 Confidentiality Division 3 Section 202 (2A) A person engaged (whether as an employee or otherwise) by a service organisation may: (a) obtain protected information; or (b) make a record of protected information; or (c) disclose protected information to another person; or (d) otherwise use protected information; if the person believes, on reasonable grounds, that the obtaining, recording, disclosure or use that is proposed to be made of the information by the person is reasonably necessary for one or more of the purposes specified in subsection (2B).
(2B) The purposes for which the person may obtain, record, disclose or use protected information are as follows: (a) facilitating access by a service recipient to a work-related service provided by a service organisation; (b) facilitating efficient and effective delivery of a work-related service by a service organisation; (c) facilitating efficient and effective performance of duties or exercise of functions relating to the provision of work-related services by a service organisation; (d) facilitating efficient and effective administration by the Commonwealth of one or more of the matters mentioned in paragraphs (a), (b) or (c) (for example, payments to service organisations by the Commonwealth); (e) any other purpose determined by the Secretary under subsection (2E).
(2C) A person may: (a) obtain protected information; or (b) make a record of protected information; or (c) disclose protected information to another person; or (d) otherwise use protected information; if the Secretary believes, on reasonable grounds, that the obtaining, recording, disclosure or use that is proposed to be made of the Social Security (Administration) Act 1999 117 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 5 Information management Division 3 Confidentiality Section 202 information by the person is reasonably necessary for one or more of the following purposes: (e) research into matters of relevance to a Department that is administering any part of the social security law; (f) statistical analysis of matters of relevance to a Department that is administering any part of the social security law; (g) policy development.
(2D) In this section: service organisation means: (a) an Agency (within the meaning of the Public Service Act 1999); or (b) another authority of the Commonwealth; or (c) an organisation that performs services for the Commonwealth.
service recipient means a person: (a) who is receiving a social security payment, benefit or allowance; or (b) who has made a claim for a social security payment, benefit or allowance; or (c) who has contacted the Department about the receipt of, or an existing or future claim for, a social security payment, benefit or allowance; or (d) on whose behalf another person, with the person’s authority, has contacted the Department about any of the matters mentioned in paragraphs (a) to (c) relating to the person.
work-related service means a service of the following kind: (a) assessment of the capacity to work of a service recipient; (b) assistance given to a service recipient with the purpose of preparing the service recipient to seek or undertake work; (c) placement of a service recipient in a position of employment; (d) a service of a kind determined by the Secretary under subsection (2E).
118 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Information management Part 5 Confidentiality Division 3 Section 202 (2DA) The Secretary may, by legislative instrument, specify a scholarship for the purposes of subparagraph (1)(da)(ii) or (2)(daaa)(ii).
(2E) The Secretary may, by legislative instrument, determine either or both of the following: (a) that a specified purpose that is related to a matter mentioned in paragraphs (2B)(a) to (d) is a purpose for which the person may obtain, record, disclose or use protected information under subsection (2A); (b) services of a specified kind are work-related services for the purposes of this section.
(3) The Minister may, by legislative instrument, specify additional purposes relating to other programs administered by the Department for which protected information may be obtained under subsection (1), or recorded, disclosed or otherwise used under subsection (2).

(5) For the purposes of subsection 12(1) of the Legislation Act 2003, an instrument does not commence until the end of the period in which it could be disallowed in either House of the Parliament.
Enrolment and attendance at school (6) If protected information relates to a matter covered by subsection (7), a person may do any of the following: (a) obtain the information; (b) make a record of the information; (c) disclose the information to a person responsible for the operation of the relevant school, or any other school; (d) otherwise use the information.
(7) This subsection covers matters in relation to the following: (a) the enrolment, or non-enrolment, of a child at a school; (b) a person whose child is, or is not, enrolled at a school; (c) the attendance, or non-attendance, of a child at a school; (d) a person whose child is, or is not, attending a school; Social Security (Administration) Act 1999 119 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 5 Information management Division 3 Confidentiality Section 202A (e) a person’s compliance with a compliance notice given to the person.
(8) If a person does something under subsection (6) for the purposes of Part 3C (schooling requirements), in subsection (6) or (7) of this section the following terms have the same meaning as in Part 3C (see section 124A): (a) attendance (at a school); (b) enrolment (at a school); (c) person responsible (for the operation of a school).
Welfare restricted bank accounts (9) If protected information relates to the establishment or ongoing maintenance of a welfare restricted bank account (within the meaning of section 124PD), a person may do any of the following: (a) obtain the information; (b) make a record of the information; (c) disclose the information to a financial institution; (d) otherwise use the information.
Note: In addition to the requirements of this section, information disclosed under this section must be dealt with in accordance with the Australian Privacy Principles.
202A Obtaining of, making a record of, disclosure of or use of protected information relating to taxation information Disclosure to taxation officers for matching against taxation information (1) A disclosure of protected information by an officer is made for the purposes of the social security law if: (a) the disclosure is to a taxation officer; and (b) the disclosure is for the purposes of a taxation officer matching that information against taxation information to 120 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Information management Part 5 Confidentiality Division 3 Section 203 facilitate the performance of functions, or the exercise of powers, under the social security law.
(2) The obtaining of, making of a record of or the use of protected information by an officer is for the purposes of the social security law if the obtaining of, making of the record of or the use of the protected information is in connection with a disclosure referred to in subsection (1).
Authorised collection of personal information that is taxation information (3) The collection of personal information about a person is authorised by this Act for the purposes of the Privacy Act 1988 if: (a) the personal information is taxation information; and (b) the collection is from a taxation officer; and (c) the collection is for the purposes of the social security law.
Obtaining of taxation information (4) If an officer obtains personal information about a person in the circumstances referred to in subsection (3), then the officer has obtained the information under the social security law.

Interpretation (5) This section does not limit section 202.
203 Offence—unauthorised obtaining of protected information (1) If: (a) a person intentionally obtains information; and (b) the person is not authorised by or under the social security law to obtain the information; and (c) the person knows or ought reasonably to know that the information is protected information; the person commits an offence.
Social Security (Administration) Act 1999 121 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 5 Information management Division 3 Confidentiality Section 204 (2) An offence against subsection (1) is punishable on conviction by imprisonment for a term not exceeding 2 years.

(3) Strict liability applies to the element of an offence against subsection (1) that a person not authorised to do something is not authorised by or under the social security law to do that thing.
204 Offence—unauthorised making a record of, disclosure of or use of protected information (1) If: (a) a person intentionally: (i) makes a record of; or (ii) discloses to any other person; or (iii) otherwise makes use of; information; and (b) the person is not authorised or required by or under the social security law or the family assistance law to make the record, disclosure or use of the information that is made by the person; and (c) the person knows or ought reasonably to know that the information is protected information; the person commits an offence.
(2) An offence against subsection (1) is punishable on conviction by imprisonment for a term not exceeding 2 years.

(3) Strict liability applies to the element of an offence against subsection (1) that a person not authorised or required to do something is not authorised or required by or under the social security law to do that thing.
204A Use of tax file numbers (1) The Secretary may require the Commissioner of Taxation to provide the Secretary with information about people, including tax file numbers, that was contained in TFN declarations lodged with 122 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Information management Part 5 Confidentiality Division 3 Section 205 the Commissioner under Division 3 of Part VA of the Income Tax Assessment Act 1936.
(2) Information provided to the Secretary under a requirement made under subsection (1) may be used only for the following purposes: (a) to detect cases in which amounts of social security payments under the social security law have been paid when they should not have been paid; (b) to verify, in respect of persons who have made claims for social security payments under the social security law, the qualification of those persons for those payments; (ba) to verify, in respect of persons who have made claims under the social security law for seniors health cards, or health care cards that are income-tested for those persons, the qualification of those persons for those cards; (c) to establish whether the rates at which social security payments under the social security law are being, or have been, paid are, or were, correct.
205 Offence—soliciting disclosure of protected information (1) If: (a) a person (the first person) solicits the disclosure of protected information from an officer or another person; and (b) the disclosure would be in contravention of this Division; and (c) the first person knows or ought reasonably to know that the information is protected information; the first person commits an offence, whether or not any protected information is actually disclosed.
(2) An offence against subsection (1) is punishable on conviction by imprisonment for a term not exceeding 2 years.

(3) Strict liability applies to the element of an offence against subsection (1) that a contravention is a contravention of this Division.
Social Security (Administration) Act 1999 123 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 5 Information management Division 3 Confidentiality Section 206 206 Offence—offering to supply protected information (1) A person who offers to supply (whether to a particular person or otherwise) information about another person, knowing the information to be protected information, commits an offence.
(2) A person who holds himself or herself out as being able to supply (whether to a particular person or otherwise) information about another person, knowing the information to be protected information, commits an offence.

(3) An offence against subsection (1) or (2) is punishable on conviction by imprisonment for a term not exceeding 2 years.
(4) Nothing in subsection (1) or (2) has the effect that an officer acting in the performance or exercise of his or her duties, functions or powers under the social security law commits an offence.

207 Protection of certain documents etc.

from production to court etc.
An officer must not, except for the purposes of the social security law or the Royal Commissions Act 1902, be required: (a) to produce any document in his or her possession; or (b) to disclose any matter or thing of which he or she had notice; because of the performance or exercise of his or her duties, functions or powers under the social security law to: (c) a court; or (d) a tribunal; or (e) an authority; or (f) a person; having power to require the production of documents or the answering of questions.
208 Disclosure of information by Secretary (1) Despite sections 204 and 207, the Secretary may: 124 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Information management Part 5 Confidentiality Division 3 Section 208 (a) if the Secretary certifies that it is necessary in the public interest to do so in a particular case or class of cases— disclose information acquired by an officer in the performance of his or her functions or duties or in the exercise of his or her powers under the social security law to such persons and for such purposes as the Secretary determines; or (b) disclose any such information: (i) to the Secretary of a Department of State of the Commonwealth or to the head of an authority of the Commonwealth for the purposes of that Department or authority; or (ii) to a person who is expressly or impliedly authorised by the person to whom the information relates to obtain it; or (iii) to a competent authority or competent institution of a foreign country that is a party to a scheduled international social security agreement for any purpose relating to giving effect to that agreement; or (iv) to the Chief Executive Centrelink for the purposes of a centrelink program; or (v) to the Chief Executive Medicare for the purposes of a medicare program.
(2) In giving certificates for the purposes of paragraph (1)(a), the Secretary must act in accordance with guidelines (if any) from time to time in force under section 209.

(3) In disclosing information under subparagraph (1)(b)(i), the Secretary must act in accordance with guidelines (if any) from time to time in force under section 209.
(3A) In spite of any other provision of this Part, the Secretary may disclose information of a kind referred to in paragraph (a) or (b) of the definition of protected information in subsection 23(1) of the 1991 Act to a person who is the payment nominee or correspondence nominee, within the meaning of Part 3A, of the Social Security (Administration) Act 1999 125 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 5 Information management Division 3 Confidentiality Section 209 person to whom the information relates (the principal) as if the nominee were the principal.
(4) If an expression used in subsection (1) in relation to a foreign country is defined in a scheduled international social security agreement to which that country is a party, the expression has the same meaning, when used in this section, in relation to that country as it has in the agreement.
(5) If: (a) the Secretary or an officer is served with a summons or notice, or is otherwise subject to a requirement, under the Royal Commissions Act 1902; and (b) in order to comply with the summons, notice or requirement, the Secretary or officer would be required to disclose information that is protected information; then, despite sections 204 and 207 of this Act, the Secretary or officer must, subject to the Royal Commissions Act 1902, disclose that information.
The information is taken to have been disclosed for the purposes of the Royal Commissions Act 1902 and of the Royal Commission concerned.
209 Guidelines for exercise of Secretary’s disclosure powers The Minister may, by legislative instrument, make guidelines for the exercise of either or both of the following: (a) the Secretary’s power to give certificates for the purposes of paragraph 208(1)(a); (b) the Secretary’s power under subsection 208(1) to disclose information to a person referred to in subparagraph 208(1)(b)(i).
210 Officer’s declaration An officer must make a declaration in a form approved by the Minister or the Secretary if required to do so by the Minister or the Secretary.
126 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Offences Part 6 Preliminary Division 1 Section 211 Part 6—Offences Division 1—Preliminary 211 Application of Part This Part extends to: (a) acts, omissions, matters and things outside Australia, whether or not in a foreign country; and (b) all persons, irrespective of their nationality, who are making, or have made, a claim for a social security payment under the social security law; and (c) all persons, irrespective of their nationality, who are receiving, or have received, a payment of a social security payment under the social security law.
Social Security (Administration) Act 1999 127 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 6 Offences Division 2 Offences Section 212 Division 2—Offences 212 False statement in connection with claim or hardship request (1) A person contravenes this subsection if: (a) the person makes a statement; and (b) the statement is false or misleading; and (c) the person is reckless as to whether the statement is false or misleading; and (d) the statement is made in connection with, or in support of, the person’s or any other person’s: (i) claim for a social security payment under the social security law; or (ii) request under paragraph 1129(1)(d) of the 1991 Act that section 1129 of that Act apply to the person; or (iii) request under paragraph 1131(1)(f) of the 1991 Act that section 1131 of that Act apply to the person.
(2) For the purposes of an offence against section 217 that relates to subsection (1) of this section, strict liability applies to the following elements of the offence: (a) the element that a payment is a social security payment under the social security law; (b) the element that a request is a request under paragraph 1129(1)(d) of the 1991 Act; (c) the element that a request is a request under paragraph 1131(1)(f) of the 1991 Act; 213 False statement to deceive or affect rates (1) A person contravenes this subsection if: (a) the person makes a statement; and (b) the statement is false or misleading; and (c) the person is reckless as to whether the statement is false or misleading; and 128 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Offences Part 6 Offences Division 2 Section 214 (d) the person is reckless as to whether the statement: (i) deceives, or might deceive, an officer doing duty in relation to the social security law; or (ia) deceives, or might deceive, the Human Services Department; or (ii) affects, or might affect, the rate of a social security payment under the social security law.
(2) For the purposes of an offence against section 217 that relates to subsection (1) of this section, strict liability applies to the following elements of the offence: (a) the element that a duty is a duty in relation to the social security law; (b) the element that a rate of payment is a rate of social security payment under the social security law.
214 False statement or document (1) A person contravenes this subsection if: (a) the person makes a statement to an officer or the Human Services Department; and (b) the statement is false or misleading in any particular; and (c) the person is reckless as to whether the statement is false or misleading in any particular.
(2) A person contravenes this subsection if: (a) the person presents a document to an officer or the Human Services Department; and (b) the document is false or misleading in any particular; and (c) the person is reckless as to whether the document is false or misleading in any particular.
215 Obtaining payment that is not payable (1) A person must not obtain: Social Security (Administration) Act 1999 129 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 6 Offences Division 2 Offences Section 216 (a) payment of a social security payment under the social security law; or (b) payment of an instalment of a social security payment under the social security law; knowing that the payment is: (c) not payable at all; or (d) only payable in part.
(2) For the purposes of an offence against section 217 that relates to subsection (1) of this section, strict liability applies to the following elements of the offence: (a) the element that a payment is a social security payment under the social security law; (b) the element that an instalment is an instalment of a social security payment under the social security law.

216 Payment obtained through fraud etc.


(1) A person contravenes this subsection if: (a) the person obtains: (i) payment of a social security payment under the social security law; or (ii) payment of an instalment of a social security payment under the social security law; and (b) the person does so: (i) by means of impersonation; or (ii) by means of a fraudulent device.
(2) For the purposes of an offence against section 217 that relates to subsection (1) of this section, strict liability applies to the following elements of the offence: (a) the element that a payment is a social security payment under the social security law; (b) the element that an instalment is an instalment of a social security payment under the social security law.
130 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Offences Part 6 Offences Division 2 Section 216 (3) A person contravenes this subsection if: (a) the person makes a statement; and (b) the statement is false or misleading; and (c) the person is reckless as to whether the statement is false or misleading; and (d) as a result the person obtains: (i) payment of a social security payment under the social security law; or (ii) payment of an instalment of a social security payment under the social security law.
(4) For the purposes of an offence against section 217 that relates to subsection (3) of this section, strict liability applies to the following elements of the offence: (a) the element that a payment is a social security payment under the social security law; (b) the element that an instalment is an instalment of a social security payment under the social security law.
Social Security (Administration) Act 1999 131 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 6 Offences Division 3 Penalties Section 217 Division 3—Penalties 217 Penalty for contravention of Division 2 A person who contravenes a provision of Division 2 commits an offence punishable on conviction by imprisonment for a term not exceeding 12 months.
218 Repayment of social security payment (1) If a person is convicted of an offence against section 217, the court may: (a) impose a penalty in respect of the offence; and (b) order the person to pay the Commonwealth an amount equal to any amount paid by way of social security payment because of the act, failure or omission that constituted the offence.
(2) In spite of anything in the social security law or any other law, a person is not to be imprisoned for failing to pay an amount payable to the Commonwealth under paragraph (1)(b).

219 Penalty where person convicted of more than one offence (1) Subject to subsection (2), if a person is convicted of more than one offence against section 217, the court may, if it thinks fit, impose one penalty for all the offences.
(2) A single penalty imposed under subsection (1) must not exceed the sum of the maximum penalties that could be imposed if a separate penalty were imposed for each offence.
132 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Offences Part 6 Procedural matters Division 4 Section 220 Division 4—Procedural matters 220 Joining of charges Charges against the same person for a number of offences against section 217 may be joined in one complaint, information or declaration if those charges: (a) are founded on the same facts; or (b) form a series of offences of the same or a similar character; or (c) are part of a series of offences of the same or a similar character.
221 Particulars of each offence If 2 or more charges are included in the same complaint, information or declaration, particulars of each offence charged are to be set out in a separate paragraph.

222 Trial of joined charges If charges are joined, the charges are to be tried together unless: (a) the court considers it just that any charge should be tried separately; and (b) the court makes an order to that effect.
223 Evidentiary effect of Secretary’s certificate (1) For the purposes of paragraph 218(1)(b), a certificate signed by the Secretary is prima facie evidence of the matters specified in the certificate.
(2) Without limiting subsection (1), a certificate may specify: (a) a person; and (b) an amount that has been paid to the person by way of social security payment because of: Social Security (Administration) Act 1999 133 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 6 Offences Division 4 Procedural matters Section 224 (i) an act; or (ii) a failure; or (iii) an omission; and (c) the act, failure or omission that caused the amount to be paid.
224 Enforcement of court certificate as judgment If: (a) a court makes an order under paragraph 218(1)(b), under paragraph 1351(1)(b) of the 1991 Act as in force before 20 March 2000 or under subsection 239(7) of the 1947 Act; and (b) the clerk or other appropriate officer of the court gives a certificate specifying: (i) the amount ordered to be paid to the Commonwealth; and (ii) the person by whom the amount is to be paid; and (c) the certificate is filed in a court (which may be the court that made the order) that has civil jurisdiction to the extent of the amount to be paid; the certificate is enforceable in all respects as a final judgment of the court in which the certificate is filed.
134 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Offences Part 6 Liability of certain employers and principals for offences Division 5 Section 225 Division 5—Liability of certain employers and principals for offences Subdivision A—Interpretation 225 State of mind of a person A reference in this Division to the state of mind of a person includes a reference to: (a) the knowledge, intention, opinion, belief or purpose of the person; and (b) the person’s reasons for the intention, opinion, belief or purpose.
228 Offence A reference in this Division to an offence against the social security law includes a reference to: (a) an offence against the social security law that is taken to have been committed because of section 11.2 or 11.2A of the Criminal Code; or (b) an offence created by: (i) section 11.1, 11.4 or 11.5 of the Criminal Code; or (ii) section 6 of the Crimes Act 1914; that relates to the social security law.
Subdivision C—Proceedings against non-corporations 231 State of mind of individual If, in proceedings for an offence against the social security law in respect of conduct engaged in by a person other than a corporation, it is necessary to establish the state of mind of the person, it is sufficient to show that: Social Security (Administration) Act 1999 135 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 6 Offences Division 5 Liability of certain employers and principals for offences Section 232 (a) the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and (b) the employee or agent had that state of mind.
232 Conduct of employee or agent If: (a) conduct is engaged in on behalf of a person other than a corporation by an employee or agent of the person; and (b) the conduct is within the scope of the employee’s actual or apparent authority; the conduct is taken, for the purposes of a prosecution for an offence against the social security law, to have been engaged in by the person unless the person establishes that he or she took reasonable precautions, and exercised due diligence, to avoid the conduct.
233 Exclusion of imprisonment as penalty for certain offences In spite of any other provision of the social security law, if: (a) a person is convicted of an offence; and (b) the person would not have been convicted if sections 231 and 232 had not been in force; the person is not liable to be punished by imprisonment for that offence.
136 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Miscellaneous Part 7 Section 234 Part 7—Miscellaneous 234 Delegation (1) Subject to subsection (3), the Secretary may, in writing, delegate to an officer all or any of the powers of the Secretary under the social security law.
(2) Subject to subsection (3), the Secretary may, in writing, delegate to the Chief Executive Centrelink or a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997) all or any of the powers of the Secretary under the social security law.

(3) The Secretary cannot delegate to anyone except the Chief Executive Centrelink the Secretary’s power under subsection 208(1) to disclose information to a person referred to in subparagraph 208(1)(b)(i).
(4) If the Secretary delegates to the Chief Executive Centrelink the Secretary’s power under subsection 208(1) to disclose information to a person referred to in subparagraph 208(1)(b)(i), the Chief Executive Centrelink cannot, in spite of any provision to the contrary in the Human Services (Centrelink) Act 1997, delegate the power to a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997).
(7) Without limiting the operation of the definition of officer in subsection 23(1) of the 1991 Act, in this section officer includes a person engaged (whether as an employee or otherwise) by: (a) an Agency (within the meaning of the Public Service Act 1999); or (b) another authority of the Commonwealth; or (c) an organisation that performs services for the Commonwealth; Social Security (Administration) Act 1999 137 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 7 Miscellaneous Section 235 but does not include the Chief Executive Centrelink or a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997).
235 Authorised review officers The Secretary may, in writing, authorise an officer to perform duties as an authorised review officer for the purposes of the social security law.

236 Decisions to be in writing (1) A decision of an officer under the social security law must be in writing.

(2) A decision under the social security law is taken to be in writing if it is made, or recorded, by means of a computer.
237 Notice of decisions (1) If notice of a decision under the social security law is: (a) delivered to a person personally; or (b) left at the address of the place of residence or business of the person last known to the Secretary; or (c) sent by prepaid post to the postal address of the person last known to the Secretary; notice of the decision is taken, for the purposes of the social security law, to have been given to the person.
(2) Notice of a decision under the social security law may be given to a person by properly addressing, prepaying and posting the document as a letter.

(3) If notice of a decision is given in accordance with subsection (2), notice of the decision is taken to have been given to the person at the time at which the notice would be delivered in the ordinary course of the post unless the contrary is proved.
138 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Miscellaneous Part 7 Section 238 (4) This section only applies to notices of decisions, and nothing in this section affects the operation of sections 28A and 29 of the Acts Interpretation Act 1901 in relation to other notices under the social security law (for example, a notice that requires a person to inform the Department about some matter or a notice that requires a person to give the Secretary a statement about some matter).
238 Payments to Commissioner of Taxation or the Child Support Registrar (1) The Secretary must, in accordance with section 218 of the Income Tax Assessment Act 1936, or Subdivision 260-A in Schedule 1 to the Taxation Administration Act 1953, for the purpose of enabling the collection of an amount that is, or may become, payable by a recipient of a social security payment: (a) make deductions from the instalments of, or make a deduction from, the social security payment payable to a person; and (b) pay the amount deducted to the Commissioner of Taxation.
(1A) Subsection (1) does not apply to a social security payment that is a payment of an essential medical equipment payment.

(1B) Subsection (1) does not apply to a social security payment that is a student start-up loan.
(2) The Secretary must, in accordance with a notice given to the Secretary under section 72AA of the Child Support (Registration and Collection) Act 1988 in relation to the recipient of a social security pension or a social security benefit: (a) make deductions from the instalments of the pension or benefit payable to the person; and (b) pay the amounts deducted to the Registrar.
Social Security (Administration) Act 1999 139 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 7 Miscellaneous Section 239 239 Judicial notice of certain matters (1) All courts are to take judicial notice of a signature that purports to be attached or appended to any official document if the signature is of a person who: (a) holds or has held the office of: (i) Secretary; or (ii) Director-General of Social Security; or (iii) Director-General of Social Services; or (b) is or has been an officer.
(2) If the signature of a person referred to in subsection (1) purports to be attached or appended to any official document, all courts are to take judicial notice of the fact that the person holds, or has held, an office referred to in subsection (1) or is, or has been, an officer.
240 Documentary evidence (1) If the signature of any person who: (a) holds or has held the office of: (i) Secretary; or (ii) Director-General of Social Security; or (iii) Director-General of Social Services; or (b) is or has been an officer; purports to be attached or appended to any official document, the document is to be received in all courts as prima facie evidence of the facts and statements contained in it.
(2) A statement in writing signed by a person referred to in subsection (1) that a person is or was receiving a social security payment under the social security law or the 1947 Act on a certain date at a certain rate is to be received in all courts as prima facie evidence that the person is or was receiving the social security payment on the date, and at the rate, stated.
(3) A certificate given by the Secretary stating: 140 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Miscellaneous Part 7 Section 240 (a) that a specified amount was the principal sum at a particular time under a specified financial supplement contract; or (b) that a specified amount was the sum of the amounts repaid, or the sum of the amounts notionally repaid, before a particular time or during a particular period in respect of a specified financial supplement contract; or (c) that a specified amount was the amount, or the total of the amounts, of subsidy paid by the Commonwealth to a specified participating corporation in respect of a specified financial supplement contract in lieu of interest on the principal sum or in lieu of interest on the principal sum in relation to a specified period; or (d) that a specified amount was, at a particular time, the amount outstanding under a specified financial supplement contract; or (e) that a specified amount was, at a particular time, the indexation amount in relation to a specified financial supplement contract; or (f) that the rights, or specified rights, of a specified participating corporation in respect of a specified person under a specified financial supplement contract were transferred by the corporation to the Commonwealth on a specified date; or (g) that, on a specified day, a person had an FS debt or FS debts to the Commonwealth of a specified amount or specified amounts; or (h) that, on a specified day, a notice, to a specified effect, under a provision of Chapter 2B was given to a specified person by the Secretary; is to be received in all courts as prima facie evidence of the matters stated in the certificate.
(4) In any proceeding, a document purporting to be a certificate by the Secretary under subsection (3) is to be taken, unless the contrary is established, to be such a certificate and to have been duly given.
Social Security (Administration) Act 1999 141 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 7 Miscellaneous Section 240A 240A Form of cards (1) A pensioner concession card, a seniors health card or a health care card must be in a form approved in writing by the Secretary for that card.
(2) Subject to subsection (3), an approval under subsection (1) may extend to: (a) the inclusion on a card of information in a form not capable of being read except by the use of equipment of a particular kind; and (b) the specification in a card of a day as the day at the end of which the card will expire; and (c) a form of card that is not an actual card carrying visible information.
(3) In the case of a concession card other than an automatic issue card or a card issued under subsection 1061ZJA(3) or (4) of the 1991 Act: (a) the card must specify the day at the end of which the card expires; and (b) the day to be so specified is the last day of the period specified, for the purposes of subsection 37(9) or (10), in the determination granting the card.
(4) Subject to section 240B, a concession card is to include the name of each person (if any) who is a dependant of the holder of the card.

(5) The specification of a day in a card under paragraph (2)(b) does not affect the qualification of the person to whom the card is issued for a card of the same or any other type.

(6) The expiry of a card on a day specified under paragraph (2)(b) does not affect the qualification of the person to whom the card was issued for a card of the same or any other type.
142 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Miscellaneous Part 7 Section 240B (7) A failure to comply with subsection (4) in relation to a concession card does not alone render the card ineffective for the purposes of this or any other Act.

(8) In this section: dependant has the same meaning as in Part 2A.1 of the 1991 Act.
240B Restrictions on listing of dependants (1) A seniors health card is not to include the name of any person as a dependant of the holder of the card.

(2) A health care card issued to a person by virtue of subsection 1061ZK(7) or 1061ZO(9) of the 1991 Act is not to include the name of any person as a dependant of the holder of the card.
(3) A health care card is not to include the name of a person (other than the partner of the holder of the card) as a dependant of the holder of the card if the person is the holder of a pensioner concession card or a health care card.
(4) A pensioner concession card or a health care card is not to include the name of the partner of the holder of the card as a dependant of the holder of the card unless: (a) the partner is in Australia and is: (i) an Australian resident; or (ia) is a special category visa holder residing in Australia; or (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 partner is a New Zealand citizen and the holder of the card: (i) is in Australia; and Social Security (Administration) Act 1999 143 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 7 Miscellaneous Section 240C (ii) is receiving a social security pension or benefit solely because of the operation of the scheduled international agreement between Australia and New Zealand.
(4A) The Minister may, by legislative instrument, determine a class of visas for the purposes of paragraph (4)(a).

(5) 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 (4)(a)(iii) applies.
(6) The circumstances that may be specified in a declaration under subsection (5) include circumstances that existed or exist at any time before or after the making of the declaration.

(8) In this section: dependant has the same meaning as in Part 2A.1 of the 1991 Act.
240C Issue of replacement card on expiry of certain concession cards (1) If: (a) a day is specified in an automatic issue card, or in a card issued under subsection 1061ZJA(3) or (4) of the 1991 Act, under paragraph 240A(2)(b) of this Act; and (b) on the day following that day, the person who was the holder of the card remains qualified for the card; and (c) a further card has not been issued to the person under subsection (2); the Secretary must issue a further card to the person.
(2) If: 144 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Miscellaneous Part 7 Section 241 (a) a day (the expiry day) is specified in an automatic issue card, or in a card issued under subsection 1061ZJA(3) or (4) of the 1991 Act, under paragraph 240A(2)(b) of this Act; and (b) the Secretary is satisfied that the person is likely to remain qualified for the card after the end of the expiry day; the Secretary may, at any time before the expiry day, issue to the person a further card to take effect on the day following the expiry day.
241 Annual report (1) As soon as practicable after 30 June in each year, the Secretary must give to the Minister a written report on the administrative operation of the social security law during the financial year that ended on that 30 June.

(2) The Minister is to cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives the report.
242 Appropriation (1) Payments under the social security law and payments by the Commonwealth to financial corporations under the Student Financial Supplement Scheme established under Chapter 2B of the 1991 Act are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

(2) However, subsection (1) does not apply to a payment of an amount under an arrangement or grant referred to in section 1062A of the 1991 Act.
Note: Such a payment is to be made out of money appropriated by the Parliament by another Act, which will usually be an Annual Appropriation Act.
243 Regulations (1) The Governor-General may make regulations prescribing matters: Social Security (Administration) Act 1999 145 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 7 Miscellaneous Section 243 (a) required or permitted by this Act or the 1991 Act to be prescribed; or (b) necessary or convenient for carrying out or giving effect to this Act or the 1991 Act and, in particular, may make regulations prescribing penalties of a fine not exceeding 10 penalty units for any breach of the regulations.
(2) Without limiting subsection (1), the matters that may be prescribed by regulations include: (a) ways (other than ways involving the use of a document) in which a claim, application, submission, declaration or determination may be made or withdrawn, or information or a notice, statement, certificate, direction or consent may be given, for the purposes of a provision of the social security law; and (b) matters relating to the doing of anything in a way referred to in paragraph (a), including matters relating to proof of the doing of things in such a way.
(3) The reference in subsection (2) to ways by which something may be made, withdrawn or given includes, but is not limited to: (a) the use of electronic equipment; and (b) ways that involve the use of a telecommunications system.
(4) Anything made, withdrawn or given in a way prescribed by regulations made by virtue of subsection (2) is taken, for the purposes of the social security law: (a) to have been made, withdrawn or given in writing; and (b) to have been made, withdrawn or given in accordance with the social security law.

(5) The reference in paragraph (2)(a) to a determination does not include a reference to a determination that is an instrument that is a legislative instrument.
146 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Miscellaneous Part 7 Section 243A 243A Review of operation of Youth Jobs PaTH program (1) Before the end of the period of 2 years after the commencement of Schedule 2 to the Social Security Legislation Amendment (Youth Jobs Path: Prepare, Trial, Hire) Act 2017, the Employment Minister must cause to be conducted a review into the operation of the program established by the Commonwealth and known as “Youth Jobs PaTH”.
(2) The Employment Minister must cause to be prepared a report of a review under subsection (1).

(3) The Employment Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the preparation of the report.

(4) In this section: Employment Minister means the Minister administering the Fair Entitlements Guarantee Act 2012.
Social Security (Administration) Act 1999 147 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 8 Transitional and saving provisions Section 244 Part 8—Transitional and saving provisions 244 Construction of references to 1991 Act A reference in: (a) a provision of a law of the Commonwealth or a Territory enacted before 20 March 2000 (whether or not the provision has come into operation); or (b) an instrument or a document; to a provision of the 1991 Act that has been repealed by the Social Security (Administration and International Agreements) (Consequential Amendments) Act 1999 is, on and after 20 March 2000, to be construed as a reference to the corresponding provision of this Act.
245 Correspondence of provisions (1) If one provision of the 1991 Act and one provision of this Act have the same legal effect, the 2 provisions correspond to each other.
(2) If: (a) a provision of the 1991 Act has a particular legal effect in relation to a number of payment types; and (b) a provision of this Act has that legal effect in relation to one or more, but not all, of those payment types; the provisions correspond to each other, for the purpose of subsection (1), in relation to the payment types referred to in paragraph (b).

(3) In this section: legal effect includes conferring the power to issue an instrument.

payment type means a pension, benefit or allowance.
148 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Transitional and saving provisions Part 8 Section 246 246 Saving of social security payments and concession cards (1) If a determination under the 1991 Act granting a claim for a social security payment or concession card is in force immediately before 20 March 2000, the determination has effect, on and from 20 March 2000, as if it were a determination under this Act granting a claim for the payment or card.
(2) If a determination under the 1991 Act directing the making of a payment of a social security payment is in force immediately before 20 March 2000, the determination has effect, on and from 20 March 2000, as if it were a determination under this Act directing the making of a payment of the social security payment.
247 Saving of instruments under 1991 Act (1) An instrument that was in force, immediately before 20 March 2000, under a provision of the 1991 Act that is amended or repealed by the Social Security (Administration and International Agreements) (Consequential Amendments) Act 1999 has effect, on and from 20 March 2000, as if it were an instrument made under the corresponding provision of this Act.
(2) Without limiting subsection (1), the instrument may be: (a) a determination; or (b) a direction; or (c) an approval; or (d) a notice; or (e) a declaration; or (f) an authorisation.

(3) Subsection (1) does not apply to: (a) a determination to which section 246 applies; or (b) a delegation under section 1299 of the 1991 Act.
(4) If an instrument to which subsection (1) applies was, when made, to have effect only for a limited period, the instrument has effect Social Security (Administration) Act 1999 149 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 8 Transitional and saving provisions Section 248 under subsection (1) only for so much of the period as had not already expired before 20 March 2000.
248 Saving of claims for social security payments and concession cards (1) If: (a) a person has lodged a claim for a social security payment or a concession card under the 1991 Act before 20 March 2000; and (b) the claim has not been determined before 20 March 2000; the claim has effect, on and from 20 March 2000, as if it were a claim under this Act for the payment or card.
(2) If: (a) subsection (1) applies to a claim; and (b) the claim is granted under this Act; the determination granting the claim may have a date of effect before 20 March 2000.
(3) If: (a) subsection (1) applies to a claim; and (b) the claim is granted under this Act; and (c) the determination granting the claim has a date of effect before 20 March 2000; the payment of instalments during the period that starts on the date of effect of the determination and ends on 19 March 2000 is taken to be made under this Act and the person making the claim has no rights under the 1991 Act arising from the claim.
249 Transitional instalment period If: (a) an instalment period relating to an instalment of a social security payment payable to a person under the 1991 Act commenced before 20 March 2000; and 150 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Transitional and saving provisions Part 8 Section 250 (b) the instalment period would have ended after 20 March 2000; this Act has effect in relation to that period and that instalment as if: (c) this Act had been in force throughout the whole of the instalment period; and (d) the instalment period had been a period determined under subsection 43(1) of this Act.
250 Application for amount owing at recipient's death If: (a) before 20 March 2000, a person made an application under a provision of the 1991 Act that relates to the payment of a social security payment after a person has died; and (b) the application was not determined before 20 March 2000; then: (c) the application has effect, on and from 20 March 2000, as if it had been made under the corresponding provision of this Act and: (d) this Act has effect as if the amount in respect of which the application was made were an amount payable under this Act; and (e) the application has no effect for the purposes of the 1991 Act.
251 Power to obtain information about events etc.

before 20 March 2000 If a provision of this Act gives the Secretary power to request a person to give information or produce a document, the power extends to requesting a person: (a) to give information about matters that arose before 20 March 2000; or (b) to produce a document that came into existence, or relates to matters that arose, before 20 March 2000.
Social Security (Administration) Act 1999 151 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Part 8 Transitional and saving provisions Section 252 252 Unfinished reviews by Secretary (1) If: (a) a person made an application under section 1240 of the 1991 Act before 20 March 2000; and (b) the application was not determined before 20 March 2000; the application has effect, from 20 March 2000, as if it were an application under section 129 of this Act.
(2) The date of effect of the decision made in response to the application may be before 20 March 2000.

(3) If: (a) subsection (1) applies to an application; and (b) the date of effect of the decision made in response to the application is before 20 March 2000; the decision has effect, for the period that starts on the date of effect of the decision and ends on 19 March 2000, as if it were a decision made under the 1991 Act.
255 Saving of steps in review process If: (a) a person made an application under section 1240, 1247 or 1283 of the 1991 Act before 20 March 2000; and (b) the application was not determined before 20 March 2000; anything done under, or for the purposes of, a provision of the 1991 Act before 20 March 2000 has effect, on and after that date, as if it had been done under, or for the purposes of, the corresponding provision of this Act.
256 Entitlements and liabilities (1) Subsection (2) applies to an amount that: (a) would have been payable on or after 20 March 2000; and 152 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Transitional and saving provisions Part 8 Section 257 (b) represents an entitlement that arose before 20 March 2000 under a provision of the 1991 Act as in force before that date.
(2) For the purposes of section 242, an amount to which this subsection applies is taken to be payable, on and after 20 March 2000, under the social security law.

(3) A debt due under the 1991 Act before 20 March 2000 and remaining unpaid on that date is taken to be a debt due under the social security law.
257 Transitional regulations (1) The Governor-General may make regulations prescribing matters in relation to any transitional matters (including prescribing any saving or application provisions) arising out of the enactment of this Act.
(2) Without limiting subsection (1), and in spite of any other provision of this or any other Act, regulations made by virtue of subsection (1) may: (a) modify the effect of a provision of this Part (other than this section); or (b) substitute another provision for any provision of this Part (other than this section); or (c) add a provision to this Part (other than this section).
Social Security (Administration) Act 1999 153 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schedule 1 Dictionary Clause 1 Schedule 1—Dictionary Note: See section 3.

1 Definitions (1) In this Act: 1991 Act means the Social Security Act 1991.

AAT means the Administrative Appeals Tribunal.

AAT Act means the Administrative Appeals Tribunal Act 1975.

AAT first review has the meaning given by section 142.
AAT second review has the meaning given by section 179. activity supplement has the meaning given by the Farm Household Support Act 2014.

Agriculture Department means the Department administered by the Agriculture Minister.

Agriculture Minister means the Minister administering the Farm Household Support Act 2014. alcoholic beverage means a beverage that contains more than 1.15% by volume of ethyl alcohol.
attendance, at a school, for the purposes of Part 3C (schooling requirements), has the meaning given by section 124A.

attendance notice has the meaning given by section 124K.

authorised review officer means an officer authorised under section 235 to perform duties as an authorised review officer for the purposes of the social security law.

compliance notice has the meaning given by section 124ND.
154 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Dictionary Schedule 1 Clause 1 connection failure has the meaning given by subsection 42E(1).

CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
Digital Switch-over Household Assistance Program means the program that: (a) is administered by the Commonwealth; and (b) involves the provision and/or installation of any or all of the following: (i) set-top boxes; (ii) cables; (iii) antennas; for the purposes of enabling the members of certain households to view television programs transmitted in digital mode (within the meaning of Schedule 4 to the Broadcasting Services Act 1992).

employment pathway plan decision: see section 140A.
employment pathway plan matters has the meaning given by section 40F.

enrolment, at a school, for the purposes of Part 3C (schooling requirements), has the meaning given by section 124A.

enrolment notice has the meaning given by section 124F.

farm financial assessment supplement has the meaning given by the Farm Household Support Act 2014. farm household allowance has the meaning given by the Farm Household Support Act 2014.

FHA supplement has the meaning given by the Farm Household Support Act 2014.
Social Security (Administration) Act 1999 155 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schedule 1 Dictionary Clause 1 further reconnection requirement has the meaning given by section 42J.

gambling means a service provided to a person in the capacity of a customer of a gambling service (within the meaning of the Interactive Gambling Act 2001).
goods has the same meaning as in the Competition and Consumer Act 2010. mutual obligation failure has the meaning given by section 42AC.

non-attendance failure has the meaning given by subsection 42SC(1).

no show no pay failure has the meaning given by subsection 42C(1).
participation payment is any of the following payments that are paid to a person: (a) jobseeker payment; (b) if the person is neither undertaking full-time study (see section 541B of the 1991 Act) nor is a new apprentice— youth allowance; (c) if the person is subject to participation requirementssomeone to whom paragraph 500(1)(c) or (ca) of the 1991 Act applies—parenting payment; (d) if the person is a nominated visa holder—special benefit.
payment suspension period has the meaning given by subsection 42AL(1).

penalty amount for a person for a no show no pay failure, a reconnection failure or a non-attendance failure means the amount worked out for the person in accordance with the legislative instrument made under section 42T.
156 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Dictionary Schedule 1 Clause 1 person responsible, for the operation of a school, for the purposes of Part 3C (schooling requirements), has the meaning given by section 124A.

post-cancellation non-payment period has the meaning given by subsection 42AP(5).

proof of life certificate has the meaning given by section 63A.
reconnection failure has the meaning given by subsection 42H(1).

reconnection failure period has the meaning given by subsection 42H(4).

reconnection requirement: (a) for a mutual obligation failure or a work refusal failure—has the meaning given by subsection 42AM(1); and (b) for a failure mentioned in section 42G—has the meaning given by that section.

relief payment has the meaning given by the Farm Household Support Act 2014. relocation assistance has the meaning given by subsection 42AO(2).
schooling requirement child has the meaning given by section 124B.

schooling requirement determination has the meaning given by section 124C.

schooling requirement payment has the meaning given by section 124D.

schooling requirement person has the meaning given by section 124. section 525B decision: see section 140A.
Social Security (Administration) Act 1999 157 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schedule 1 Dictionary Clause 1 serious failure has the meanings given by subsections 42M(1) and 42N(1).

serious failure period has the meaning given by subsection 42P(2).

serious failure requirement has the meaning given by subsection 42P(3).
service has the same meaning as in the Competition and Consumer Act 2010. social security bereavement payment means a payment under any of the following provisions of the 1991 Act: (a) Division 9 of Part 2.2; (b) Division 10 of Part 2.3; (d) Subdivision B or D of Division 9 of Part 2.5; (g) Subdivision B or C of Division 9 of Part 2.10; (h) Subdivision A or AA of Division 10 of Part 2.11; (i) Division 10 of Part 2.11A; (j) Subdivision AA or A of Division 9 of Part 2.12; (k) Subdivision C of Division 11 of Part 2.12B; (m) Division 9 of Part 2.15; (n) Subdivision C of Division 9 of Part 2.15A; (o) Division 10 of Part 2.16; (p) Subdivision C of Division 10 of Part 2.19; (q) Subdivision B of Division 10 of Part 2.20. social security periodic payment means: (a) a social security benefit; or (b) a social security pension; or (c) carer allowance; or (f) double orphan pension; or (g) mobility allowance; or (i) pensioner education supplement; or (j) Northern Territory CDEP transition payment; or 158 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Dictionary Schedule 1 Clause 1 (k) Disaster Recovery Allowance.
transfer day, in relation to a transferee to a social security pension or benefit, has the meaning given by subclause (2) or (3), as the case requires.

transferee, in relation to a social security pension or benefit, has the meaning given by subclause (2) or (3), as the case requires.

unemployment failure has the meaning given by section 42AE.

unemployment non-payment period has the meaning given by subsection 42S(3).

unemployment preclusion period has the meaning given by subsection 42AO(1).
work refusal failure has the meaning given by section 42AD.

(1A) For the purpose of the definition of alcoholic beverage, the volume of ethyl alcohol in a beverage is to be measured at 20°C and is to be calculated on the basis that the specific gravity of ethyl alcohol is 0.79067 (at 20°C in a vacuum).
(2) If: (a) a social security pension or benefit (the old payment) ceases to be payable to a person otherwise than because another social security payment becomes payable to the person; and (b) immediately after the old payment ceases to be payable, the person is qualified for another social security pension or benefit (the new payment); and (c) the person makes a claim for the new payment; the person is a transferee to the new payment and the person’s transfer day is the day that immediately follows the last day on which the old payment is payable to the person.
(3) If: (a) a person becomes qualified for a social security pension or benefit (the new payment); and Social Security (Administration) Act 1999 159 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schedule 1 Dictionary Clause 1 (b) immediately before becoming qualified for the new payment: (i) the person is a member of a couple; and (ii) the person’s partner is receiving a social security benefit; and (c) the person makes a claim for the new payment; the person is a transferee to the new payment and the person’s transfer day is the day on which the person becomes qualified for the new payment.
160 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Rules for working out start day Schedule 2 Introductory Part 1 Schedule 2—Rules for working out start day Note: See section 42.

Clause 1 Part 1—Introductory 1 Definitions In this Schedule, unless the contrary intention appears: benefit means a social security benefit.

pension means a social security pension.


2 Different start days under Parts 2 and 3 (1) If: (a) but for this subclause, a person would have a start day under Part 2 of this Schedule in relation to a social security payment and would also have a start day under Part 3 of this Schedule in relation to the same payment; and (b) the start day under Part 3 would be earlier than the start day under Part 2; the day worked out under Part 3 is the person’s start day in relation to the social security payment.
(2) If, but for this subclause, a person would have 2 start days under Part 3 of this Schedule in relation to the same social security payment, one day earlier than the other, the earlier day is the person’s start day under Part 3 in relation to the social security payment.
(3) If: (a) 2 or more clauses of Part 3 of this Schedule apply to the working out of a person’s start day in relation to a social security payment; and Social Security (Administration) Act 1999 161 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schedule 2 Rules for working out start day Part 1 Introductory Clause 2 (b) the person’s start day under both or all of those clauses is the same day; that day is the person’s start day under Part 3 in relation to the social security payment.
(4) If: (a) but for this subclause, a person would have a start day under Part 2 of this Schedule in relation to a concession card and would also have a start day under Part 3 of this Schedule in relation to the same card; and (b) the start day under Part 3 would be earlier than the start day under Part 2; the day worked out under Part 3 is the person’s start day in relation to the concession card.
162 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Rules for working out start day Schedule 2 General rules Part 2 Clause 3 Part 2—General rules 3 Start day—general rule (1) If: (a) a person makes a claim for a social security payment; and (b) the person is qualified for the payment on the day on which the claim is made; the person’s start day in relation to the payment is the day on which the claim is made.
Note: Clause 4A or 4B applies instead of this subclause to claims for jobseeker payment and youth allowance in certain circumstances.

(2) A person’s start day in relation to a concession card for which the person is qualified under: (a) Division 1 of Part 2A.1 of the 1991 Act; or (b) Subdivision A of Division 3 of that Part; is the first day on which the person is qualified for the card.
(3) If: (a) a person makes a claim for a seniors health card or a health care card under Subdivision B of Division 3 of Part 2A.1 of the 1991 Act; and (b) the person is qualified for the card on the day on which the claim is made; the person’s start day in relation to the card is the day on which the claim is made.
(4) If: (a) section 1061ZJA of the 1991 Act applies in relation to a person; and (b) as mentioned in subsection 1061ZJA(3) of the 1991 Act, the person is qualified for a seniors health card on 1 January 2017; the person’s start day in relation to the card is 1 January 2017.
Social Security (Administration) Act 1999 163 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schedule 2 Rules for working out start day Part 2 General rules Clause 4 (5) If: (a) section 1061ZJA of the 1991 Act applies in relation to a person; and (b) as mentioned in subsection 1061ZJA(4) of the 1991 Act, the person is qualified for a seniors health card on the day the person returns to Australia; the person’s start day in relation to the card is the day the person returns to Australia.
4 Start day—early claim (1) If: (a) a person (other than a detained person) makes a claim for a relevant social security payment; and (b) the person is not, on the day on which the claim is made, qualified for the payment; and (c) assuming the person does not sooner die, the person will, because of the passage of time or the occurrence of an event, become qualified for the payment within the period of 13 weeks after the day on which the claim is made; and (d) the person becomes so qualified within that period; the claim is taken to be made on the first day on which the person is qualified for the social security payment.
(2) For the purposes of subclause (1), the following provisions have effect: (a) subject to paragraph (b), any social security payment, other than special benefit, is a relevant social security payment; (b) parenting payment is not a relevant social security payment in the case of a person who becomes qualified for the payment because of the birth of a child.
(3) If: (a) a detained person makes a claim for a social security payment; and 164 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Rules for working out start day Schedule 2 General rules Part 2 Clause 4A (b) the person is not, on the day on which the claim is made, qualified for the payment; and (c) the person becomes qualified for the payment within 3 weeks after the claim is made; the claim is taken to be made on the first day on which the person is qualified for the payment.
(4) Subclause (3) does not have effect in relation to a claim for a crisis payment or for a social security pension or benefit.

(6) If: (a) a person makes a claim for a jobseeker payment or youth allowance; and (b) when the claim is made, the person is serving a liquid assets test waiting period; the claim is taken to be made on the first day on which the person is qualified for a jobseeker payment or youth allowance, as the case may be.
(7) In this clause: detained person means a person who: (a) is in gaol; or (b) is undergoing psychiatric confinement because the person has been charged with an offence.
4A Start day for jobseeker payment and youth allowance if claimant required to attend interview When this clause applies and subclause 3(1) does not (1) This clause applies, and subclause 3(1) does not apply, in relation to a person’s: (a) claim for jobseeker payment; or (b) claim for youth allowance that is not based on the person being a new apprentice or undertaking full-time study; Social Security (Administration) Act 1999 165 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schedule 2 Rules for working out start day Part 2 General rules Clause 4A if the Secretary gives the person a notice under section 63 requiring the person to attend a particular place for an interview on a day specified in the notice (the specified day).
if the Secretary gives the person a notice under section 63 requiring the person to attend a particular place for an interview on a day specified in the notice (the specified day): (c) for a purpose specified in the notice that is in connection with entering into an employment pathway plan; or (d) for any other purpose specified in the notice.

Note: Clause 5 may override the start day under this clause in certain circumstances.
Secretary may decide that this clause does not apply (2) This clause does not apply to a person if the Secretary is satisfied, in accordance with any guidelines under subclause (3), that it should not apply to the personin relation to a person and a claim if the Secretary is satisfied in all the circumstances that it should not apply to the person and the claim.
Note: The effect of the Secretary being so satisfied is that the person’s start day is, subject to the other clauses in this Schedule, the day on which the claim is made.

(3) The Secretary may, by legislative instrument, make guidelines to be complied with in deciding under subclause (2) whether this clause applies to a person.

Start day (4) The start day for the person is the day worked out using the following table.
Start day If the period between the time the Secretary imposes the requirement under section 63 and the specified day is: The start day is: 1 2 business days or less The specified day 166 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Rules for working out start day Schedule 2 General rules Part 2 Clause 4A Start day If the period between the time the Secretary imposes the requirement under section 63 and the specified day is: The start day is: 2 More than 2 business days (otherwise than at the person’s request) The day the Secretary imposes the requirement under section 63 3 More than 2 business days (at the person’s The specified day request) Start day (4) The start day for the person is: (a) the specified day, unless paragraph (b) applies; or (b) if the period between the day the Secretary imposes the requirement under section 63 and the specified day is more than 2 business days (otherwise than at the person’s request)—the day the Secretary imposes the requirement under section 63.
Start day failure to comply with requirement to attend interview (5) Despite subclause (4), if: (a) the person does not comply with the requirement; and (b) because of that failure to comply, either section 547AA or 615 of the 1991 Act applies to the person; the person’s start day is the day on which that section ceases to apply to the person.
Start day—failure to comply with requirement to attend interview (5) Despite subclause (4), if the person does not comply with the requirement, the person’s start day is: (a) the day on which the person complies with that requirement or with any requirements that the Secretary has required the Social Security (Administration) Act 1999 167 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schedule 2 Rules for working out start day Part 2 General rules Clause 4B person to undertake in place of that requirement, unless paragraph (b) applies; or (b) if the Secretary determines an earlier day—that earlier day.
Start day—person not qualified on start day (6) Despite subclauses (4) and (5), if a person is not qualified for the payment or allowance on the day that would, but for this subclause, be the person’s start day, the person’s start day is the first day, after what would otherwise (under subclause (4) or (5)) be the person’s start day, on which the person is qualified for the payment or allowance.
When this clause ceases to apply (7) This clause ceases to apply if the Secretary revokes the requirement before the specified day.

Note: In that case, subclause 3(1) will apply.
4B Start day for jobseeker payment and youth allowance if claimant enters into employment pathway plan using streamlined processes When this clause applies and subclause 3(1) does not (1) This clause applies, and subclause 3(1) does not apply, in relation to a person’s: (a) claim for jobseeker payment; or (b) claim for youth allowance that is not based on the person being a new apprentice or undertaking full-time study; if, in relation to that claim, the person enters into an employment pathway plan under section 40E of this Act after the day on which the claim is made.
Note: Clause 5 may override the start day under this clause in certain circumstances.

168 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Rules for working out start day Schedule 2 General rules Part 2 Clause 5 (2) Subject to this clause, the start day for the person is the day the person accepted that plan as mentioned in paragraph 40E(1)(c) of this Act.
(3) If: (a) in relation to that claim, on a day (the earlier day) before the day of that acceptance, the person intended to accept an employment pathway plan as mentioned in paragraph 40E(1)(c) of this Act; and (b) the person failed to accept an employment pathway plan as mentioned in that paragraph on the earlier day; and (c) the person satisfies the Employment Secretary that the failure was because of circumstances beyond the person’s control; the start day for the person is: (d) if, in relation to that claim, the day the Employment Secretary notified the person under subsection 40A(3) of this Act of the requirement to enter into an employment pathway plan was on or after the day on which the claim was made— the day on which the Employment Secretary gave that notification; or (e) otherwise—the day on which the claim was made.
(4) This clause does not apply in relation to a person and a claim if the Employment Secretary is satisfied in all the circumstances that it should not apply to the person and the claim.

Note: The effect of the Employment Secretary being so satisfied is that the person’s start day is, subject to the other clauses in this Schedule, the day on which the claim is made.
5 Effect of exclusion period (1) If, on the day that would, but for this clause, be a person’s start day under this Schedule in relation to a social security payment, the person is subject to one or more exclusion periods, the person’s start day in relation to the payment is worked out as follows: (a) if the person is subject to one exclusion period—the start day is the first day after the end of that period; Social Security (Administration) Act 1999 169 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schedule 2 Rules for working out start day Part 2 General rules Clause 5 (b) if the person is subject to 2 or more exclusion periods—the start day is the first day after all the periods have ended.
(1A) This clause does not apply in relation to payment of parenting payment to a person who is a member of a couple if the Secretary is satisfied that it should not so apply.

Note: Clause 5A deals with the start day of parenting payment where one member of a couple commits a serious failure or is unemployed as a result of a voluntary act or misconduct.
(1B) Subclause (1) applies only in relation to a start day for a participation payment to a person if the exclusion period to which the person is subject is: (a) for a person other than a declared program participant: (i) a payment suspension period; or (ii) an unemployment preclusion period; or (iii) a post-cancellation non-payment period; or (b) for a declared program participant: (i) a serious failure period; or (ii) an unemployment non-payment period.
(2) In this clause: exclusion period means a period during which, because of a provision of the social security law, a social security payment that would otherwise be payable to a person is not payable to the person, including: (a) a waiting period; and (b) a non-payment period (including a compliance penalty period); and (c) a compensation preclusion period; and (d) a period during which a person is in gaol; and (e) if the payment is a youth allowance or jobseeker payment a period during which the payment is not payable because of the operation of subparagraph 547AA(1)(b)(ii) or subparagraph 615(1)(b)(ii) of the 1991 Act; and 170 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Rules for working out start day Schedule 2 General rules Part 2 Clause 5A (f) if the payment is a schooling requirement payment within the meaning of Part 3C—a period during which the payment is suspended under section 124H, 124M or 124NF.
5A Start day for parenting payment if one member of a couple fails to comply with certain participation payment obligations (1) If: (a) one member of a couple is receiving parenting payment; and (b) the other member of the couple is receiving a participation payment; and (c) any of the following apply: (i) the Secretary determines under Subdivision C of Division 3AA (compliance with participation payment obligations: persons other than declared program participants) that the other member’s participation payment is not payable for a period; (ii) the Secretary determines under that Subdivision that the other member’s participation payment is cancelled; (iii) the Secretary determines that the other member of the couple, being a declared program participant, commits a serious failure; or (iv) the Secretary makes a determination under subsection 42S(1) (unemployment as a result of a voluntary act or misconduct obligation—declared program participants) in relation to the other member of the couple; and (d) the other member of the couple claims parenting payment; then, the other member’s start day under this Schedule in relation to the parenting payment is worked out in accordance with subclause (2).
(2) For the purposes of subclause (1), the other member’s start day is the first day after the end of: Social Security (Administration) Act 1999 171 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schedule 2 Rules for working out start day Part 2 General rules Clause 6 (a) if subparagraph (1)(c)(i) applies—the other member’s payment suspension period or unemployment preclusion period; and (b) if subparagraph (1)(c)(ii) applies—the other member’s post-cancellation non-payment period; and (c) if subparagraph (1)(c)(iii) applies—the other member’s serious failure period; and (d) if subparagraph (1)(c)(iv) applies—the other member’s unemployment non-payment period.
6 Saving Nothing in this Schedule operates to make a social security payment payable to a person on a day on which, because of another provision of the social security law, the payment is not payable to the person.
172 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Rules for working out start day Schedule 2 Backdated start day Part 3 Explanatory Division 1 Clause 7 Part 3—Backdated start day Division 1—Explanatory 7 Explanation of Part In some circumstances, a person’s start day in relation to a social security payment may be earlier than the day worked out under Part 2 of this Schedule.
This Part contains rules that enable the start day to be worked out in those circumstances.
Social Security (Administration) Act 1999 173 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schedule 2 Rules for working out start day Part 3 Backdated start day Division 2 Rules applying to all or most social security payments Clause 8 Division 2—Rules applying to all or most social security payments 8 Claim made soon after partner’s claim If: (a) a person makes a claim for a social security benefit or pension within 14 days after the person’s partner makes a claim for a social security benefit or pension; and (b) the person’s claim and the partner’s claim are both granted; the person’s start day in relation to the benefit or pension is the first day on which the person is qualified for the pension or benefit in the period starting on the partner’s start day in relation to the pension or benefit granted to the partner and ending on the day on which the person made the claim for the pension or benefit.
9 Claim by transferee (1) If: (a) a person is a transferee to a benefit or pension; and (b) the person makes a claim for the benefit or pension within 14 days after the day that is the person’s transfer day in relation to the benefit or pension; the transfer day is also the person’s start day in relation to the benefit or pension.
(2) If: (a) a person is a transferee to a benefit or pension; and (b) the person makes a claim for the benefit or pension more than 14 days, but not more than 13 weeks, after the person’s transfer day; and (c) the Secretary determines that: (i) during the period beginning on the person’s transfer day and ending on the day on which the person made the 174 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Rules for working out start day Schedule 2 Backdated start day Part 3 Rules applying to all or most social security payments Division 2 Clause 10 claim, the person suffered from an illness or from an incapacity due to a medical condition; and (ii) the illness or incapacity was the sole or principal cause of the person’s failure to make the claim within 14 days after the person’s transfer day; the person’s transfer day is also the person’s start day in relation to the benefit or pension.
10 Claim soon after childbirth If a woman makes a claim for a social security payment within 4 weeks after giving birth to a child, the woman’s start day in relation to the payment is the first day on which the woman is qualified for the payment in the period starting on the birth of the child and ending on the day on which the claim is made.
11 Incapacitated claimant (1) If: (a) a person becomes incapacitated for work as a result of a medical condition; and (b) the person makes a claim for a benefit or pension within 5 weeks after the day on which the incapacity begins; and (c) the person continues to suffer the medical condition from the day on which the incapacity begins until the claim is made; the person’s start day in relation to the benefit or pension is the first day on which the person was qualified for the benefit or pension in the period starting on the day on which the incapacity began and ending on the day on which the claim was made.
(2) If: (a) a person becomes incapacitated for work as a result of a medical condition; and (b) the person makes a claim for a benefit or pension more than 5 weeks after the day on which the incapacity begins; and (c) the Secretary is satisfied that: Social Security (Administration) Act 1999 175 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schedule 2 Rules for working out start day Part 3 Backdated start day Division 2 Rules applying to all or most social security payments Clause 12 (i) the person has continued to suffer the medical condition from the day on which the incapacity began until the claim was made; and (ii) the medical condition was the sole or principal cause of the person’s failure to make the claim within 5 weeks after the day on which the incapacity began; the person’s start day in relation to the pension or benefit is the first day on which the person was qualified for the benefit or pension in the period of 4 weeks ending immediately before the day on which the claim was made.
12 Claim after death of partner If: (a) a person’s partner dies; and (b) the person makes a claim for a social security payment within 4 weeks after the death of the partner; the person’s start day in relation to the payment is the first day on which the person was qualified for the payment in the period starting on the day on which the partner died and ending on the day on which the claim was made.
13 Claim for social security payment following claim for AGDRP If a person: (a) is qualified for an AGDRP; and (b) makes a claim for the payment; and (ba) is in Australia when making that claim; and (c) within 14 days after making that claim, makes a claim for another social security payment; the person’s start day in relation to that other social security payment is the day on which the person became qualified for the AGDRP.
176 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Rules for working out start day Schedule 2 Backdated start day Part 3 Rules applying to particular social security payments Division 3 Clause 15 Division 3—Rules applying to particular social security payments 15 Certain persons subject to cancellation of austudy payment, jobseeker payment, youth allowance or special benefit If: (a) a person receives an austudy payment, jobseeker payment, youth allowance or special benefit; and (b) either: (i) the payment, allowance or benefit is not payable to the person because of subsection 63(4); or (ii) a compliance penalty period applies to the person; and (c) payment of the payment, allowance or benefit is cancelled (other than under Division 3AA of Part 3); and (d) the person lodges a claim for an austudy payment, jobseeker payment, youth allowance or special benefit within 14 days after the day (the cancellation day) on which the cancellation of the payment, allowance or benefit referred to in paragraph (a) takes effect: the person’s start day in relation to the payment, allowance or benefit to which the claim referred to in paragraph (d) relates is the day after the cancellation day.
15A Carer payment claimed on or after 1 July 2009 and before 1 October 2009 If: (a) a person is qualified for a carer payment other than under section 198 of the 1991 Act; and (b) the person makes a claim for a carer payment on or after 1 July 2009 and before 1 October 2009; the person’s start day in relation to the payment is the day on which the person became qualified for a carer payment other than under section 198 of that Act.
Social Security (Administration) Act 1999 177 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schedule 2 Rules for working out start day Part 3 Backdated start day Division 3 Rules applying to particular social security payments Clause 18 18 Double orphan pension If: (a) a person (the claimant) is qualified for a double orphan pension for a young person; and (b) the claimant makes a claim for double orphan pension for the young person within 13 weeks after the birth of the young person; the claimant’s start day in relation to the pension is the first day on which the person was qualified for the pension in the period starting on the day of the young person’s birth and ending on the day on which the claim was made.
19 Double orphan pension—claim following death of former recipient If: (a) a person (the former recipient) who is receiving double orphan pension for a young person dies; and (b) another person (the claimant) makes a claim for double orphan pension for the young person within 13 weeks after the death of the former recipient; the claimant’s start day in relation to the double orphan pension is the first day on which the claimant was qualified for the pension in the period starting on the day of the former recipient’s death and ending on the day on which the claim was made.
28 Jobseeker payment—claimant for disability support pension If: (a) a person makes a claim for a jobseeker payment; and (b) the person is qualified for a jobseeker payment under subsection 593(1B) of the 1991 Act; the person’s start day in relation to the jobseeker payment is the day on which the person made the claim for a disability support pension referred to in paragraph 593(1B)(d) of that Act.
178 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Rules for working out start day Schedule 2 Backdated start day Part 3 Rules applying to particular social security payments Division 3 Clause 29 29 Parenting payment If: (a) a person has a PP child; and (b) the person makes a claim for parenting payment within 4 weeks after the day on which the child became a PP child of the person; the person’s start day in relation to the parenting payment is the first day on which the person was qualified for the payment in the period starting on the day on which the child became a dependent child of the person and ending on the day on which the claim was made.
30 Pensioner education supplement If: (a) a person makes a claim for a pensioner education supplement; and (b) when the claim is made, the person is qualified for the supplement; and (c) the claim is made within 4 weeks after the person became qualified for the supplement; the person’s start day in relation to the pensioner education supplement is the day on which the person became qualified for the supplement.
31 Pensioner education supplement: claim before 1 April If: (a) a person makes a claim for a pensioner education supplement after the beginning of a calendar year but before 1 April in that year; and (b) the person’s course of education is a full year course that begins before 1 April in that year; Social Security (Administration) Act 1999 179 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schedule 2 Rules for working out start day Part 3 Backdated start day Division 3 Rules applying to particular social security payments Clause 32 the person’s start day in relation to the pensioner education supplement is the first day on which the person is qualified for pensioner education supplement on or after 1 January in that year.
32 Pensioner education supplement: claim before 1 August If: (a) a person makes a claim for a pensioner education supplement after the beginning of a calendar year but before 1 August in that year; and (b) the person’s course of education is a full year course that starts in the month of July in that year; the person’s start day in relation to the pensioner education supplement is the first day on which the person is qualified for pensioner education supplement on or after 1 July in that year.
34 Youth allowance: incapacitated claimant If: (a) a person who is undertaking a course of full-time study becomes incapacitated for study as a result of a medical condition; and (b) the person makes a claim for a youth allowance within 5 weeks after the day on which the incapacity begins; and (c) the person continues to suffer the medical condition from the day on which the incapacity begins until the claim is made; the person’s start day in relation to the youth allowance is the first day on which the person was qualified for youth allowance in the period starting on the day on which the incapacity began and ending on the day on which the claim was made.
35 Youth allowance—claimant for disability support pension If: (a) a person makes a claim for a youth allowance; and 180 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Rules for working out start day Schedule 2 Backdated start day Part 3 Rules applying to particular social security payments Division 3 Clause 36 (b) the person is qualified for a youth allowance under subsection 540A(1) of the 1991 Act; the person’s start day in relation to the youth allowance is the day on which the person made the claim for a disability support pension referred to in paragraph 540A(1)(c) of that Act.
36 Youth allowance—initial claim for family tax benefit If: (a) a claim is made for family tax benefit in respect of a person (the initial claim); and (b) on the day on which the initial claim is made, the person is qualified for youth allowance; and (c) the person afterwards makes a claim for youth allowance; and (d) the Secretary is satisfied that it is reasonable for this clause to apply to the person; the person’s start day in relation to youth allowance is the day on which the initial claim was made.
Social Security (Administration) Act 1999 181 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schedule 2 Rules for working out start day Part 3 Backdated start day Division 4 Rules applying to health care cards Clause 37 Division 4—Rules applying to health care cards 37 Health care cards, other than automatic issue health care cards (1) If: (a) a person makes a claim for a health care card under Subdivision B of Division 3 of Part 2A.1 of the 1991 Act; and (b) within the claim period, a professional service has been rendered to, or hospital treatment has been provided for, the person or a dependant of the person; and (c) when the service was rendered or the treatment provided, as the case may be, the person was qualified for the card; and (d) the person remained so qualified until the claim was made; the person’s start day in relation to the health care card is: (e) the day on which the professional service was rendered or the hospital treatment was provided, as the case may be; or (f) if there were 2 or more such days within the claim period, the earlier or earliest of those days, as the case may be.
(2) For the purposes of subclause (1), any period earlier than 1 September 1981 that would, but for this subclause, be included in the claim period in respect of a particular claim is to be disregarded.

(3) In this clause: claim period means: (a) the period of 13 weeks ending on the day on which a claim is made; or (b) such longer period as the Secretary, having regard to all the circumstances of the case, approves.

dependant has the same meaning as in Part 2A.1 of the 1991 Act.
hospital treatment has the same meaning as in the Health Insurance Act 1973.

182 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Rules for working out start day Schedule 2 Backdated start day Part 3 Rules applying to health care cards Division 4 Clause 37 professional service has the same meaning as in the Health Insurance Act 1973.
(4) The Secretary must not approve, under subclause (3), a period that includes a period earlier than 1 September 1981.

Social Security (Administration) Act 1999 183 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schedule 5 Provisions relating to the Chief Executive Centrelink etc.

Clause 1 Schedule 5—Provisions relating to the Chief Executive Centrelink etc.

1 References to the Secretary and the Department—requirements etc.
by delegate (1) If the Secretary delegates to the CEO or an employee of the Agency a power under the social security law to require or request a person to give the Secretary a document or information, the delegate may, in exercising the power, require or request the person to give the document or information to the Chief Executive Centrelink instead of the Secretary.
(2) If the Secretary delegates to the Chief Executive Centrelink or a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997) a power under the social security law to require or request a person to give or send to, or lodge with, the Department a document or information, the delegate may, in exercising the power, require or request the person to give or send the document or information to the Human Services Department, or lodge it with the Human Services Department, instead of the Department.
(3) A person who: (a) gives a document or information to the Chief Executive Centrelink; or (b) gives or sends a document or information to the Human Services Department, or lodges it with the Human Services Department; in compliance with a requirement or a request by a delegate of the Secretary is to be treated for all purposes as if the person had: (c) given the document or information to the Secretary; or (d) given or sent the document or information to the Department, or lodged it with the Department; 184 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Provisions relating to the Chief Executive Centrelink etc.
Schedule 5 Clause 2 as the case may be, in compliance with a requirement or request by the Secretary.
(4) A person who: (a) does not give a document or information to the Chief Executive Centrelink; or (b) does not give or send a document or information to the Human Services Department, or lodge it with the Human Services Department; in compliance with a requirement or request by a delegate of the Secretary is to be treated for all purposes as if the person: (c) had not given the document or information to the Secretary; or (d) had not given or sent the document or information to the Department, or lodged it with the Department; as the case may be, in compliance with a requirement or request by the Secretary.
2 References to the Secretary and the Department—directions by Secretary (1) Subject to subclause (3), if: (a) the Secretary delegates to the Chief Executive Centrelink or a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997) all or any of the Secretary’s powers under the social security law; and (b) the delegation makes a reference to the Secretary, the Department, or an officer of the Department, in another provision of the social security law inappropriate, whether for administrative reasons or any other reason; the provision has effect as if: (c) the reference to the Secretary were a reference to the Chief Executive Centrelink; or (d) the reference to the Department were a reference to the Human Services Department; or Social Security (Administration) Act 1999 185 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Schedule 5 Provisions relating to the Chief Executive Centrelink etc.
Clause 2 (e) the reference to an officer of the Department were a reference to a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997); as the case requires.

(2) The Secretary may, by legislative instrument, direct that a provision to which subclause (1) applies is to have an operation different from that provided for by that subclause.
(3) If the Secretary gives a direction under subclause (2) in relation to a provision, the provision has effect in accordance with the direction while the direction is in force.

(4) A direction under subclause (2) comes into force on the first moment of the day next following the day when it is registered in the Federal Register of Legislation under the Legislation Act 2003, or on such later day as is specified in it, and remains in force until it is revoked.
186 Social Security (Administration) Act 1999 Future compilation prepared on 9 June 2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 1—About the endnotes Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law.

The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level.
It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration.

The changes must not change the effect of the law.

Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms.

Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe the amendment to be made.

If, despite the misdescription, the amendment can Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 187 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 1—About the endnotes be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

188 Social Security (Administration) Act 1999 Compilation No.

142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 2—Abbreviation key ad = added or inserted am = amended amdt = amendment c = clause(s) C[x] = Compilation No.
x Ch = Chapter(s) def = definition(s) Dict = Dictionary Endnote 2—Abbreviation key o = order(s) Ord = Ordinance orig = original par = paragraph(s)/subparagraph(s) /sub-subparagraph(s) pres = present prev = previous (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) ed = editorial change r = regulation(s)/rule(s) reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette LA = Legislation Act 2003 s = section(s)/subsection(s) Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s) cannot be given effect mod = modified/modification No.
= Number(s) SubPt = Subpart(s) underlining = whole or part not commenced or to be commenced Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 189 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 3—Legislation history Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Social Security 191, 1999 23 Dec 1999 s 1–6 and 257: 23 Dec (Administration) Act 1999 1999 (s 2(2)) s 54: 1 July 2000 (s 2(3)) Remainder: 20 Mar 2000 (s 2(1)) Public Employment 146, 1999 11 Nov 1999 Sch 1 (items 824, 825): — (Consequential and Transitional) Amendment Act 1999 A New Tax System (Tax Administration) Act 1999 as amended by 20 Mar 2000 (s 2(4)) 179, 1999 22 Dec 1999 Sch 5 (items 67, 68): 1 July 2000 (s 2(9)(a)) — Family and 30, 2003 15 Apr 2003 Sch 2 (item 90): 1 July — Community Services Legislation Amendment Act 2003 2000 (s 2(1) item 14) Social Security 192, 1999 23 Dec 1999 Schedules 1 and 2: 20 — (Administration and International Agreements) (Consequential Amendments) Act 1999 Mar 2000 Schedules 3 and 4: 1 July 2000 Remainder: Royal Assent A New Tax System (Tax 44, 2000 3 May 2000 Sch 3 (item 48): 20 Mar — Administration) Act (No.
1) 2000 2000 (s 2(7)(a)) A New Tax System 45, 2000 3 May 2000 Sch 3 (items 16–55), Sch 5 and 6 (Family Assistance and Related Measures) Act 2000 Sch 5 and 6: 1 July 2000 (s 2(4)) 190 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Act Number and year Endnote 3—Legislation history Assent Commencement Application, saving and transitional provisions Family and Community 70, 2000 27 June 2000 Sch 4 (item 1): 20 Mar — Services Legislation Amendment Act 2000 2000 (s 2(5)) Sch 4 (items 2, 3): 27 June 2000 (s 2(6)) Social Security and 94, 2000 30 June 2000 Sch 2 (Pt 1): 1 July 2000 Sch 2 (item 14) Veterans’ Entitlements Legislation Amendment (Miscellaneous Matters) Act 2000 (s 2(5)) Sch 2 (Pt 2, 3): 20 Sept 2000 (s 2(2)(b)) Family and Community 18, 2001 30 Mar 2001 Sch 2 (items 16, 17): 30 — Services Legislation Amendment (New Zealand Citizens) Act 2001 Mar 2001 (s 2(1)) Sch 2 (item 18): 1 July 2001 (s 2(2)) Family and Community 42, 2001 25 May 2001 Schedule 2: 1 Sept 2001 — Services and Veterans’ Affairs Legislation Amendment (Further Assistance for Older Australians) Act 2001 Remainder: 1 July 2001 Family and Community 43, 2001 25 May 2001 25 May 2001 — Services Legislation Amendment (One-off Payment to the Aged) Act 2001 Family and Community 47, 2001 12 June 2001 Sch 2: 12 June 2001 (s Sch 2 (item 3) Services and Veterans’ Affairs Legislation Amendment (Debt Recovery) Act 2001 2(1)) Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 191 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Family and Community 71, 2001 30 June 2001 Sch 1 (item 30): 20 Sept — Services Legislation (Simplification and Other Measures) Act 2001 2001 (s 2(2)) Child Support 75, 2001 30 June 2001 Sch 5 (item 70): 30 June — Legislation Amendment Act 2001 2001 (s 2(1)) Social Security 80, 2001 30 June 2001 1 July 2001 Sch.
1 (item 25) Legislation Amendment (Concession Cards) Act 2001 Family and Community 137, 2001 1 Oct 2001 2 Oct 2001 s. 4 Services Legislation Amendment (Application of Criminal Code) Act 2001 Veterans’ Affairs 73, 2002 6 Sept 2002 Schedule 2: Royal — Legislation Amendment Act (No.

1) 2002 Assent Family and Community 95, 2002 10 Nov 2002 Schedules 1 and 2: Sch.
1 (item 11) Services Legislation Amendment (Budget Initiatives and Other Measures) Act 2002 1 July 2003 Remainder: Royal Assent Family and Community 147, 2002 19 Dec 2002 Schedule 1 (items 28– — Services Legislation Amendment (Special Benefit Activity Test) Act 2002 41): 1 Jan 2003 192 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Act Number and year Endnote 3—Legislation history Assent Commencement Application, saving and transitional provisions Family and Community 30, 2003 15 Apr 2003 Sch 1 (items 77–111) — Services Legislation Amendment Act 2003 and Sch 4 (item 117): 15 Apr 2003 Sch 1 (items 117–123): 20 Mar 2000 (s 2(1) item 5) Family and Community 35, 2003 24 Apr 2003 Schedules 1, 1A, 2 and s. 4 Services Legislation Amendment (Australians Working Together and other 2001 Budget Measures) Act 2003 as amended by 4–6: 20 Sept 2003 Schedule 3: 22 May 2003 Remainder: Royal Assent Employment and 154, 2005 14 Dec 2005 Schedule 23 (item 6): — Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) Act 2005 Royal Assent Family and Community 122, 2003 5 Dec 2003 Sch 2 (item 23): 5 Dec Sch.
4 (item 1) Services and Veterans’ Affairs Legislation Amendment (2003 Budget and Other Measures) Act 2003 2003 Sch 3 (items 15–17) and Sch 4 (items 1, 5–8): 1 July 2004 Sch 7 (item 1): 22 May 2003 (s 2(1) item 4) Sch 7 (item 9): 20 Sept 2003 (s 2(1) item 12) Family Assistance 60, 2004 26 May 2004 26 May 2004 Sch.

3 (item 1) Legislation Amendment (More Help for Families—One-off Payments) Act 2004 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 193 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Family and Community 109, 2004 13 July 2004 13 July 2004 — Services and Veterans’ Affairs Legislation Amendment (Sugar Reform) Act 2004 Family and Community 132, 2004 8 Dec 2004 Schedule 1 (items 8–16) Sch.
2 (item 13) Services and Veterans’ Affairs Legislation Amendment (2004 Election Commitments) Act 2004 and Schedule 2 (items 10–13): 1 Dec 2004 Social Security 55, 2005 25 May 2005 25 May 2005 Sch.
2 (item 1) Legislation Amendment (One-off Payments for Carers) Act 2005 as amended by Social Security and 19, 2008 26 May 2008 Schedule 3 (item 70): — Royal Assent Veterans’ Entitlements Legislation Amendment (One-off Payments and Other Budget Measures) Act 2008 as amended by Statute Law 8, 2010 1 Mar 2010 Sch 2 (item 20): 26 May — Revision Act 2010 2008 (s 2(1) item 21) Statute Update 41, 2018 22 May 2018 Sch 5 (item 1): 19 June — (Autumn 2018) Act 2018 2018 (s 2(1) item 4) 194 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Act Number and year Endnote 3—Legislation history Assent Commencement Application, saving and transitional provisions Family and Community 61, 2005 26 June 2005 Schedule 4 (items 19, Sch.
4 (item 28) Services Legislation Amendment (Family Assistance and Related Measures) Act 2005 28): 1 July 2005 Schedule 4 (items 36– 41): Royal Assent Employment and 154, 2005 14 Dec 2005 Sch 22 (items 1–10, 43– Sch 22 Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) Act 2005 as amended by 45): 14 Dec 2005 (items 15–17, Sch 22 (items 11–42): 25, 33, 45, 47) 1 July 2006 Sch 22 (items 46, 47): 20 Sept 2006 Employment and 64, 2006 22 June 2006 Sch 14 (items 11, 12): — 1 July 2006 (s 2(1) item 30) Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) (Consequential Amendments) Act 2006 Family Assistance, 36, 2006 3 May 2006 Sch 6: 1 July 2006 — Social Security and Veterans’ Affairs Legislation Amendment (2005 Budget and Other Measures) Act 2006 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 195 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Social Security and 41, 2006 22 May 2006 22 May 2006 — Veterans’ Entitlements Legislation Amendment (One-off Payments to Increase Assistance for Older Australians and Carers and Other Measures) Act 2006 Employment and 64, 2006 22 June 2006 Sch 13 (items 1–20): Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) (Consequential Amendments) Act 2006 1 July 2006 (s 2(1) item 24) Sch 13 (item21): 14 Dec 2005 (s 2(1) item 25) Sch 13 (items 22–24): 1 July 2006 (s 2(1) item 26) Sch 13 (item 15) Families, Community 82, 2006 30 June 2006 Schedule 4 (items 19– — Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006 27): 1 Dec 2006 Schedule 13 (items 2–4): Royal Assent Social Security and 108, 2006 27 Sept 2006 Schedule 4 and Sch.
4 (item 12) Family Assistance Legislation Amendment (Miscellaneous Measures) Act 2006 Schedule 8 (items 204– 224): Royal Assent Child Support 146, 2006 6 Dec 2006 Schedule 3 (item 76): — Legislation Amendment (Reform of the Child Support Scheme—New Formula and Other Measures) Act 2006 1 Jan 2007 196 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Act Number and year Endnote 3—Legislation history Assent Commencement Application, saving and transitional provisions Families, Community 156, 2006 8 Dec 2006 Schedule 1: 1 Jan 2007 — Services and Indigenous Affairs and Veterans’ Affairs Legislation Amendment (2006 Budget Measures) Act 2006 Remainder: Royal Assent Statute Law Revision 8, 2007 15 Mar 2007 Sch 1 (item 22): 1 July — Act 2007 2000 (s 2(1) item 19) Sch 1 (items 23, 24); 20 Mar 2000 (s 2(1) item 20) Employment and 65, 2007 15 Apr 2007 Schedule 1 (items 53, Sch.
1 (item 54) Workplace Relations Legislation Amendment (Welfare to Work and Vocational Rehabilitation Services) Act 2007 54): Royal Assent Social Security and 66, 2007 11 May 2007 Schedule 1 (items 12– — Veterans’ Affairs Legislation Amendment (One-off Payments and Other 2007 Budget Measures) Act 2007 14) and Schedule 3 (items 7–9): Royal Assent Families, Community 82, 2007 21 June 2007 Sch 12 (items 14, 15): 1 Sch.
12 Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 Dec 2006 (s 2(1) (item 15) item 38) Sch 12 (item 16): 1 July 2000 (s 2(1) item 39) Sch 12 (item 17): 21 June 2007 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 197 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Families, Community 113, 2007 28 June 2007 Schedule 1: 1 July 2007 — Services and Indigenous Affairs Legislation Amendment (Child Care and Other 2007 Budget Measures) Act 2007 Schedule 2: 1 Oct 2007 Remainder: Royal Assent Social Security and 130, 2007 17 Aug 2007 18 Aug 2007 ss.
4–7 Other Legislation Amendment (Welfare Payment Reform) Act 2007 as amended by Social Security and 93, 2010 29 June 2010 Schedule 1 (items 3, 4): Sch.

1 (item 4) Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Act 2010 31 Dec 2010 Social Security 173, 2007 28 Sept 2007 Schedule 1 (items 1–5, Sch.

1 (item 48) Amendment (2007 Measures No.


2) Act 2007 8–34, 36–48): 1 Jan 2008 Schedule 1 (items 6, 7): 29 Sept 2007 Schedule 1 (item 35): 20 Mar 2000 Remainder: Royal Assent Families, Community 182, 2007 28 Sept 2007 Schedule 1: 1 Oct 2007 — Services and Indigenous Affairs Legislation Amendment (Child Disability Assistance) Act 2007 Remainder: Royal Assent 198 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Act Number and year Endnote 3—Legislation history Assent Commencement Application, saving and transitional provisions Sch.
1 (items 33, 36) Families, Community 183, 2007 28 Sept 2007 1 Jan 2008 Services and Indigenous Affairs Legislation Amendment (Further 2007 Budget Measures) Act 2007 Social Security and 5, 2008 20 Mar 2008 20 Mar 2008 — Veterans’ Affairs Legislation Amendment (Enhanced Allowances) Act 2008 Social Security and 19, 2008 26 May 2008 Sch 1 (items 11–14): Sch 1 (item 14), Veterans’ Entitlements Legislation Amendment (One-off Payments and Other Budget Measures) Act 2008 26 May 2008 (s 2(1) Sch 3 (item 10) and Sch 5 (item 25) items 2, 3, 5, 6) Sch 3 (items 7–10): 26 May 2008 (s 2(1) items 5, 6) Sch 5 (items 13, 25): 1 July 2008 Superannuation 26, 2008 23 June 2008 Schedule 1 (items 113– — Legislation Amendment (Trustee Board and Other Measures) (Consequential Amendments) Act 2008 Dental Benefits (Consequential Amendments) Act 2008 116): Royal Assent 42, 2008 25 June 2008 Schedule 1 (items 19, — 20): 26 June 2008 (see s. 2(1)) Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 199 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Families, Housing, 63, 2008 30 June 2008 s. 4 and Schedule 4 s. 4, Sch.

3 Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Act 2008 (items 11–13): Royal (item 11) and Assent Sch.
4 (item 13) Schedule 3 (items 4–11): 1 Sept 2008 Schedule 4 (items 1–10): 1 July 2008 Social Security and 64, 2008 30 June 2008 1 July 2008 Sch.
1 Other Legislation Amendment (Employment Entry Payment) Act 2008 (item 11(3), (5), (6)) Statute Law Revision 73, 2008 3 July 2008 Sch 1 (item 46): 20 Sept — Act 2008 2003 (item 30) Social Security and 131, 2008 1 Dec 2008 Schedule 1 (items 5–7) — Other Legislation Amendment (Economic Security Strategy) Act 2008 and Schedule 5 (items 15, 16): Royal Assent Tax Laws Amendment 141, 2008 9 Dec 2008 Schedule 1 (items 6, 10): Sch.
1 (item 10) (Education Refund) Act 2008 Royal Assent Social Security and 149, 2008 11 Dec 2008 Schedule 1 (items 3–21, Sch.

1 (item 34) Veterans’ Entitlements Legislation Amendment (Schooling Requirements) Act 2008 34): Royal Assent Household Stimulus 4, 2009 18 Feb 2009 Schedule 1 (items 6–10), Sch.

4 Package Act (No.

2) 2009 Schedule 4 and Schedule 5 (items 18– 20): Royal Assent 200 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Act Number and year Endnote 3—Legislation history Assent Commencement Application, saving and transitional provisions Social Security 7, 2009 24 Feb 2009 Schedule 1 (items 1, 34– Sch.

1 Legislation Amendment (Employment Services Reform) Act 2009 55, 56(1), (3), (4)), (item 56(1), (3), Schedule 2 (items 200– (4)), Sch.

2 208) and Schedule 4 (item 208) and (items 11–14): 1 July Sch.
4 (item 12) 2009 Social Security 25, 2009 26 Mar 2009 Sch 1 (item 12): 20 Sept — Amendment (Liquid Assets Waiting Period) Act 2009 2003 (s 2(1) item 3) Social Security and 35, 2009 27 May 2009 Schedule 1 (items 5–12): — Family Assistance Legislation Amendment (2009 Budget Measures) Act 2009 Royal Assent Employment and 37, 2009 3 June 2009 Schedule 2 (item 35): — Workplace Relations Amendment Act 2009 4 June 2009 Social Security 44, 2009 23 June 2009 Schedule 2: 1 July 2009 Sch.
2 (item 4) Legislation Amendment (Improved Support for Carers) Act 2009 Social Security 45, 2009 23 June 2009 Schedule 2: 1 July 2009 — Legislation Amendment (Improved Support for Carers) (Consequential and Transitional) Act 2009 (s 2(1) item 2) Family Assistance and 48, 2009 24 June 2009 Schedule 2: Royal Sch.

2 (item 2) Other Legislation Amendment (2008 Budget and Other Measures) Act 2009 Assent Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 201 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Social Security 58, 2009 26 June 2009 Schedule 1: 27 June — Legislation Amendment (Digital Television Switch-over) Act 2009 2009 Remainder: Royal Assent Social Security and 60, 2009 29 June 2009 Schedule 4 (items 34, Sch.
4 Other Legislation Amendment (Pension Reform and Other 2009 Budget Measures) Act 2009 94–102, 104): 20 Sept (item 104) 2009 Veterans’ Affairs and 81, 2009 10 Sept 2009 Schedule 4 (items 144– Sch.

4 Other Legislation Amendment (Pension Reform) Act 2009 148): 20 Sept 2009 (s (items 210(5), 211(4), 215(3)) 2(1) item 11) Schedule 4 (items 210(5), 211(4), 215(3)): 20 Sept 2009 Crimes Legislation 4, 2010 19 Feb 2010 Schedule 10 (item 28): — Amendment (Serious and Organised Crime) Act (No.
2) 2010 20 Feb 2010 Statute Law Revision 8, 2010 1 Mar 2010 Schedule 5 Sch 5 Act 2010 (items 137(a), 138): 1 (item 138) Mar 2010 (s 2(1) items 31, 38) Social Security and 17, 2010 24 Mar 2010 Schedule 2 (items 24– — Other Legislation Amendment (Income Support for Students) Act 2010 31): 1 Apr 2010 202 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Act Number and year Endnote 3—Legislation history Assent Commencement Application, saving and transitional provisions Families, Housing, 33, 2010 13 Apr 2010 Schedule 1 (items 15– Sch.
1 (item 24) Community Services and Indigenous Affairs and Other Legislation Amendment (Miscellaneous Measures) Act 2010 24): 14 Apr 2010 Schedule 3 (item 7): Royal Assent Families, Housing, 38, 2010 13 Apr 2010 Schedule 2 and Sch.

2 (items 9, Community Services and Indigenous Affairs and Other Legislation Amendment (2009 Measures) Act 2010 Schedule 7 (items 34, 10) and Sch.
3 35): 14 Apr 2010 (items 16, 17, Schedule 3 (items 6–17, 157–163) 95–134, 136–163): 11 May 2010 Schedule 3 (item 135): never commenced (s 2(1) item 8) Social Security and 45, 2010 14 Apr 2010 Schedule 1 (items 9, 11) — Family Assistance Legislation Amendment (Weekly Payments) Act 2010 and Schedule 2: Royal Assent Social Security and 89, 2010 29 June 2010 Schedule 2 (items 1–14, Sch.
2 Indigenous Legislation Amendment (Budget and Other Measures) Act 2010 16, 18, 20–37, 45–63): (items 37, 50, 30 June 2010 57, 60, 63) Schedule 2 (items 15, 19): 1 July 2010 (s 2(1) items 6, 10) Schedule 2 (item 17): never commenced (s 2(1) item 8) Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 203 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Social Security and 93, 2010 29 June 2010 Schedule 2 (items 1–53, Sch.
2 Other Legislation Amendment (Welfare Reform and Reinstatement of Racial Discrimination Act) Act 2010 62–64) and Schedule 6 (items 22–24, (items 59–63): 1 July 51, 53) 2010 Trade Practices 103, 2010 13 July 2010 Schedule 6 (items 1, 96– — Amendment (Australian Consumer Law) Act (No.

2) 2010 99): 1 Jan 2011 Social Security 130, 2010 24 Nov 2010 Schedule 1: 1 Jan 2011 Sch.
1 (item 5) Legislation Amendment (Connecting People with Jobs) Act 2010 Remainder: Royal Assent Statute Law Revision 5, 2011 22 Mar 2011 Schedule 5 (items 202– — Act 2011 204), Schedule 6 (items 102–104) and Schedule 7 (items 127, 128): 19 Apr 2011 Human Services 32, 2011 25 May 2011 Schedule 4 (items 575– — Legislation Amendment Act 2011 606, 656): 1 July 2011 Families, Housing, 34, 2011 26 May 2011 Schedule 7 (items 2, 3): — Community Services and Indigenous Affairs and Other Legislation Amendment (Budget and Other Measures) Act 2011 Royal Assent Acts Interpretation 46, 2011 27 June 2011 Schedule 2 (items 1055– Sch.
3 Amendment Act 2011 1058) and Schedule 3 (items 10, 11) (items 10, 11): 27 Dec 2011 204 Social Security (Administration) Act 1999 Compilation No.

142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Act Number and year Endnote 3—Legislation history Assent Commencement Application, saving and transitional provisions Social Security 48, 2011 27 June 2011 Schedule 1: 1 July 2011 Sch.
1 (item 20) Legislation Amendment (Job Seeker Compliance) Act 2011 Remainder: Royal Assent Families, Housing, 50, 2011 27 June 2011 Schedule 5 (items 3–96): Sch.
5 (item 61) 28 June 2011 Community Services and Indigenous Affairs and Other Legislation Amendment (Election Commitments and Other Measures) Act 2011 as amended by Statute Law Revision 103, 2013 29 June 2013 Schedule 2 (item 8): — Act 2013 28 June 2011 (s 2(1) item 9) Family Assistance and 52, 2011 28 June 2011 Schedule 4: Royal — Other Legislation Amendment Act 2011 Assent Superannuation 58, 2011 28 June 2011 Schedule 1 (items 158, — Legislation (Consequential Amendments and Transitional Provisions) Act 2011 159): 1 July 2011 (s 2(1) item 2) Family Assistance and 79, 2011 25 July 2011 Schedule 4 (item 8): Sch.
4 (item 11) Other Legislation Amendment (Child Care and Other Measures) Act 2011 never commenced (s s. 2(1) (item 5) 2(1) item 8) (rs.

by 32, 2011, Schedule 4 (items 9–11): Sch.

4 26 July 2011 [item 658]) s. 2(1) (items 6– 12) (ad.

by 32, 2011, Sch.

4 [item 658]) Compilation No.


142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 205 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions as amended by Human Services 32, 2011 25 May 2011 Schedule 4 (item 658): — Legislation Amendment Act 2011 25 July 2011 (s 2(1) item 7B) Social Security and 91, 2011 4 Aug 2011 Schedule 1: 20 Mar 2000 Sch.
1 (item 3) Other Legislation Amendment (Miscellaneous Measures) Act 2011 Schedule 3: Royal and Sch.

3 Assent Clean Energy 141, 2011 29 Nov 2011 Schedule 1 (item 11) and Sch.

6 (item 8) (Household Assistance Amendments) Act 2011 Schedule 10 (items 24– and Sch.
7 (items 35, 36) 30): 14 May 2012 Schedule 1 (items 37, 50, 58, 59, 81–84): 20 Mar 2013 Schedule 6 (items 4–8) and Schedule 7 (items 10, 35, 36): 14 May 2012 (s 2(1) items 2, 14, 15) Social Security 173, 2011 5 Dec 2011 Schedule 1 (items 10– — Legislation Amendment (Family Participation Measures) Act 2011 20): 1 Jan 2012 Family Assistance and 49, 2012 26 May 2012 Schedule 1 (items 48–51, Sch.
1 Other Legislation Amendment Act 2012 52(5)): 1 July 2012 (item 52(5)) Family Assistance and 50, 2012 26 May 2012 Schedule 1 (items 16, — Other Legislation Amendment (Schoolkids Bonus Budget Measures) Act 2012 17) and Schedule 2 (item 18): 27 May 2012 206 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Act Number and year Endnote 3—Legislation history Assent Commencement Application, saving and transitional provisions Social Security and 51, 2012 26 May 2012 Schedule 1 (items 5–8): Sch.

1 (item 8) Other Legislation Amendment (Disability Support Pension Participation Reforms) Act 2012 1 July 2012 Social Security and 52, 2012 26 May 2012 Schedule 4: Royal Sch.
4 (item 3) Other Legislation Amendment (Income Support and Other Measures) Act 2012 Assent and Sch.

7 Schedule 7: 1 July 2012 (item 2) Social Security and 98, 2012 29 June 2012 Schedule 2 (items 65, Sch.
2 Other Legislation Amendment (2012 Budget and Other Measures) Act 2012 88(1)): 1 Jan 2013 (item 88(1)) Stronger Futures in the 101, 2012 29 June 2012 Schedule 5: 16 July 2012 — Northern Territory (Consequential and Transitional Provisions) Act 2012 (see s. 2(1)) Social Security 102, 2012 29 June 2012 Schedule 1 (items 2–32): Sch.

1 Legislation Amendment Act 2012 27 July 2012 (items 18, 32 Schedule 2: 1 July 2012 and Sch.
2 (item 18) Social Security 106, 2012 22 July 2012 Schedule 1 (items 12–14, — Amendment (Supporting Australian Victims of Terrorism Overseas) Act 2012 23–27): 22 Jan 2013 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 207 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Social Security and 154, 2012 17 Nov 2012 Schedule 1: Royal Sch.
3 Other Legislation Amendment (Further 2012 Budget and Other Measures) Act 2012 Assent (items 176–188) Schedule 3 (items 117– 158, 176–188): 15 Dec 2012 Privacy Amendment 197, 2012 12 Dec 2012 Sch 5 (item 79) and Sch Sch 6 (items 1, (Enhancing Privacy Protection) Act 2012 6 (items 15–19): 12 Mar 15–19) 2014 (s 2(1) items 3, 19) Sch 6 (item 1): 12 Dec 2012 (s 2(1) item 16) Social Security and 5, 2013 5 Mar 2013 Schedule 1 (items 8–10, — Other Legislation Amendment (Income Support Bonus) Act 2013 22, 23): Royal Assent Social Security 62, 2013 26 June 2013 Sch 1 (items 7–10): — Legislation Amendment (Disaster Recovery Allowance) Act 2013 1 Oct 2013 Family Assistance and 70, 2013 27 June 2013 Sch 2A (items 53–61, Sch 2A Other Legislation Amendment Act 2013 67): 1 Mar 2014 (s 2(1) (item 67) items 9A, 9C) Sch 3 (items 68–76, 98– 100): 28 June 2013 (s 2(1) items 14, 16) Sch 3 (items 92–95): 20 Mar 2013 (s 2(1) item 15) Aged Care (Living 76, 2013 28 June 2013 Sch 4 (items 27–32): — Longer Living Better) Act 2013 1 July 2014 (s 2(1) item 6) 208 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Act Number and year Endnote 3—Legislation history Assent Commencement Application, saving and transitional provisions Farm Household Support 13, 2014 28 Mar 2014 Sch 2 (items 94–134): Sch 2 (Consequential and Transitional Provisions) Act 2014 1 July 2014 (s 2(1) (item 134) item 3) Social Services and 14, 2014 31 Mar 2014 Sch 2: 28 Apr 2014 — Other Legislation Amendment Act 2014 (s 2(1) item 3) Statute Law Revision 31, 2014 27 May 2014 Sch 4 (item 90): 24 June — Act (No.
1) 2014 2014 (s 2(1) item 9) Social Security 35, 2014 18 June 2014 Sch 1 (items 3–8) and — Legislation Amendment (Increased Employment Participation) Act 2014 Sch 2: 1 July 2014 (s 2) Social Security 73, 2014 30 June 2014 Sch 1 (items 4, 5): 1 July — Legislation Amendment (Green Army Programme) Act 2014 2014 (s 2) Minerals Resource Rent 96, 2014 5 Sept 2014 Sch 8 (items 8–11, 24– Sch 8 (item 26) Tax Repeal and Other Measures Act 2014 26) and Sch 9 (items 23, and Sch 9 24): 31 Dec 2016 (s 2(1) (item 24) items 5, 7, 9) Social Services and 98, 2014 11 Sept 2014 Sch 2 (item 2) and Sch 3 Sch 4 (items 22, Other Legislation Amendment (Seniors Health Card and Other Measures) Act 2014 (items 34–37): 12 Sept 28) 2014 (s 2(1) item 2) Sch 4 (items 16, 17, 19, 20, 24, 26): never commenced (s 2(1) items 5, 7, 10, 12) Sch 4 (items 18, 21–23, 25, 27, 28): 9 Oct 2014 (s 2(1) items 6, 8, 9, 11, 13, 14) Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 209 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Omnibus Repeal Day 109, 2014 16 Oct 2014 Sch 10 (item 16): 17 Oct — (Autumn 2014) Act 2014 2014 (s 2(1) item 8) Counter-Terrorism 116, 2014 3 Nov 2014 Sch 2 (item 7): 1 Dec — Legislation Amendment (Foreign Fighters) Act 2014 2014 (s 2(1) item 2) Social Services and 122, 2014 26 Nov 2014 Sch 1 (items 124–138): Sch 1 Other Legislation Amendment (2014 Budget Measures No.
6) Act 2014 20 Sept 2014 (s 2(1) (item 138) item 2) Social Security 131, 2014 12 Dec 2014 Sch 1 (items 1–9, 12): Sch 1 (items 12, Legislation Amendment (Strengthening the Job Seeker Compliance Framework) Act 2014 1 Jan 2015 (s 2(1) 32) item 2) Sch 1 (items 20–32): 1 July 2015 (s 2(1) item 3) Public Governance and 36, 2015 13 Apr 2015 Sch 5 (items 62, 74–79) Sch 5 Resources Legislation Amendment Act (No.
1) 2015 as amended by and Sch 7: 14 Apr 2015 (items 74–79) (s 2) and Sch 7 Acts and Instruments 126, 2015 10 Sept 2015 Sch 1 (item 486): 5 Mar — (Framework Reform) (Consequential Provisions) Act 2015 2016 (s 2(1) item 2) Norfolk Island 59, 2015 26 May 2015 Sch 2 (item 334): 1 July Sch 2 Legislation Amendment Act 2015 2016 (s 2(1) item 5) (items 356–396) Sch 2 (items 356–396): 18 June 2015 (s 2(1) item 6) 210 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Act Number and year Endnote 3—Legislation history Assent Commencement Application, saving and transitional provisions as amended by Territories Legislation 33, 2016 23 Mar 2016 Sch 2: 24 Mar 2016 (s — Amendment Act 2016 2(1) item 2) Tribunals Amalgamation 60, 2015 26 May 2015 Sch 3 (items 11–72) and Sch 9 Act 2015 Sch 9: 1 July 2015 (s 2(1) items 16, 22) Social Services and 91, 2015 26 June 2015 Sch 1 (items 9–23, 24, Sch 1 (items 24, Other Legislation Amendment (Seniors Supplement Cessation) Act 2015 Social Services Legislation Amendment (Fair and Sustainable Pensions) Act 2015 56): 20 June 2015 (s 2(1) 56) item 2) 110, 2015 30 June 2015 Sch 3 (items 85–92): 1 Jan 2017 (s 2(1) item 6) — Business Services Wage 112, 2015 30 June 2015 Sch 1 (items 4, 5): 1 July — Assessment Tool Payment Scheme (Consequential Amendments) Act 2015 2015 (s 2(1) item 2) Acts and Instruments 126, 2015 10 Sept 2015 Sch 1 (items 534, 535): 5 — (Framework Reform) (Consequential Provisions) Act 2015 Mar 2016 (s 2(1) item 2) Social Services 128, 2015 16 Sept 2015 Sch 1 (items 3–5, 9–28, Sch 1 (items 32, Legislation Amendment (No.
2) Act 2015 32, 33): 17 Sept 2015 (s 33) 2(1) items 2, 4) Civil Law and Justice 132, 2015 13 Oct 2015 Sch 1 (item 69): 14 Oct — (Omnibus Amendments) Act 2015 2015 (s 2(1) item 2) Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 211 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Social Services 143, 2015 12 Nov 2015 Sch 1 (items 8–16, 20, Sch 1 (item 22) Legislation Amendment (Low Income Supplement) Act 2015 22): 1 July 2017 (s 2(1) items 2, 3, 5) Sch 1 (item 21): never commenced (s 2(1) item 4) Social Security 144, 2015 12 Nov 2015 Sch 1 (items 1, 11–20): — Legislation Amendment (Debit Card Trial) Act 2015 13 Nov 2015 (s 2(1) item 2) Social Services 159, 2015 26 Nov 2015 Sch 1 (items 38–47): 1 Sch 1 (item 47) Legislation Amendment (More Generous Means Testing for Youth Payments) Act 2015 Jan 2017 (s 2(1) item 6) Labor 2013-2014 Budget 169, 2015 11 Dec 2015 Sch 1 (items 32–44, Sch 1 Savings (Measures No.
2) Act 2015 111): 1 Jan 2016 (s 2(1) (item 111) item 2) Statute Law Revision 4, 2016 11 Feb 2016 Sch 4 (items 1, 279, 280, — Act (No.
1) 2016 428): 10 Mar 2016 (s 2(1) item 6) Omnibus Repeal Day 47, 2016 5 May 2016 Sch 5 (items 3, 5, 65, Sch 5 (items 5, (Autumn 2015) Act 2016 66): 6 May 2016 (s 2(1) 66) items 5, 7) Budget Savings 55, 2016 16 Sept 2016 Sch 4 (items 3–7, 13) Sch 4 (item 13), (Omnibus) Act 2016 and Sch 16: 1 Jan 2017 Sch 11 (s 2(1) items 5, 18) (item 24), Sch Sch 11 (items 13–19, 16 (item 2) and 24): 1 July 2017 (s 2(1) Sch 21 item 13) (item 131) Sch 21 (items 129–131): 20 Mar 2017 (s 2(1) item 23) 212 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Act Number and year Endnote 3—Legislation history Assent Commencement Application, saving and transitional provisions Statute Update Act 2016 61, 2016 23 Sept 2016 Sch 3 (item 39): 21 Oct — 2016 (s 2(1) item 1) Higher Education 74, 2016 23 Nov 2016 Sch 1 (items 22–26): — Support Legislation Amendment (2016 Measures No.
1) Act 2016 1 Jan 2017 (s 2(1) item 2) Social Services 33, 2017 12 Apr 2017 Sch 2: 13 Apr 2017 — Legislation Amendment Act 2017 (s 2(1) item 3) Social Security 42, 2017 19 May 2017 Sch 2: 19 May 2017 — Legislation Amendment (Youth Jobs Path: Prepare, Trial, Hire) Act 2017 (s 2(1) item 3) Social Services 46, 2017 19 June 2017 Sch 1 (items 5–7): — Legislation Amendment (Energy Assistance Payment and Pensioner Concession Card) Act 2017 19 June 2017 (s 2(1) item 2) Sch 2 (items 9–15): 9 Oct 2017 (s 2(1) item 3) Social Services 74, 2017 26 June 2017 26 June 2017 (s 2(1) — Legislation Amendment (Queensland Commission Income Management Regime) Act 2017 item 1) Veterans’ Affairs 128, 2017 30 Nov 2017 Sch 8 (items 18, 19): Sch 8 (item 19) Legislation Amendment (Omnibus) Act 2017 1 Dec 2017 (s 2(1) item 10) Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 213 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Social Services 3, 2018 20 Feb 2018 21 Feb 2018 (s 2(1) — Legislation Amendment (Cashless Debit Card) Act 2018 item 1) Veterans’ Affairs 17, 2018 28 Mar 2018 Sch 2 (items 194–213): — Legislation Amendment (Veteran-centric Reforms No.
1) Act 2018 1 May 2018 (s 2(1) item 3) Social Services 26, 2018 11 Apr 2018 Sch 1 (items 308–336, Sch 1 Legislation Amendment (Welfare Reform) Act 2018 342–354, 357–360, 373), (items 342– Sch 2 (items 72–75, 82– 354), Sch 2 93), Sch 3 (items 77–92, (items 82–93), 98–111) and Sch 4 Sch 3 (items 95–100, 105– (items 98–111), 110): 20 Mar 2020 Sch 4 (s 2(1) items 2, 4–6) (items 105– Sch 5 (items 130–137, 110), Sch 5 139–148): 20 Sept 2020 (items 139– (s 2(1) item 8) 148), Sch 6 Sch 6 (items 60–72) and (items 63–72), Sch 7 (items 64–66, 68– Sch 7 77): 1 Jan 2022 (s 2(1) (items 68–77), items 10, 11) Sch 10 (item 4), Sch 10 (items 1–4), Sch Sch 11 11, Sch 15 (items 1, 13– (item 18), Sch 41), Sch 16 (items 1, 1A, 15 (items 39– 3–7) and Sch 17 41), Sch 16 (items 38–58): 1 July (item 7) and 2018 (s 2(1) items 14, Sch 17 15, 18, 19, 21) (item 58) Sch 14: 12 Apr 2018 (s 2(1) item 17) 214 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Act Number and year Endnote 3—Legislation history Assent Commencement Application, saving and transitional provisions National Redress 46, 2018 21 June 2018 Sch 4 (items 2, 3): 1 July — Scheme for Institutional Child Sexual Abuse (Consequential Amendments) Act 2018 2018 (s 2(1) item 1) Farm Household Support 87, 2018 24 Aug 2018 Sch 2 (items 9–12): — Amendment (Temporary Measures) Act 2018 25 Aug 2018 (s 2(1) item 1) Social Services 110, 2018 21 Sept 2018 Sch 1A (items 1–15, 17) Sch 1A Legislation Amendment (Cashless Debit Card Trial Expansion) Act 2018 and Sch 1 (items 17–19): (items 15, 17) 22 Sept 2018 (s 2(1) and Sch 1 items 1A, 3) (items 12, 19) Sch 1 (items 1–3, 7, 8, 10–12, 15A): 21 Dec 2018 (s 2(1) item 2) Sch 1 (items 20, 21): never commenced (s 2(1) item 4) Sch 1 (item 22): 20 Mar 2020 (s 2(1) item 5) Social Services 111, 2018 21 Sept 2018 Sch 1 (items 8, 9): 1 Jan Sch 1 (item 9) Legislation Amendment (Student Reform) Act 2018 2019 (s 2(1) item 4) Social Services 28, 2019 5 Apr 2019 Sch 1 (items 5–7): 6 Apr — 2019 (s 2(1) item 1) 45, 2019 5 Apr 2019 Sch 1: 6 Apr 2019 — (s 2(1) item 2) Legislation Amendment (Energy Assistance Payment) Act 2019 Social Security (Administration) Amendment (Income Management and Cashless Welfare) Act 2019 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 215 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions Social Security (Administration) Amendment (Cashless Welfare) Act 2019 62, 2019 12 Aug 2019 13 Aug 2019 (s 2(1) Sch 1 (item 10) item 1) Social Services 74, 2019 20 Sept 2019 Sch 1 (items 3–11): 20 — Legislation Amendment (Overseas Welfare Recipients Integrity Program) Act 2019 Dec 2019 (s 2(1) item 2) Sch 1 (items 12–14): 20 Mar 2020 (s 2(1) item 3) Farm Household Support 104, 2019 28 Nov 2019 Sch 3 (items 9–13): 16 — Amendment (Relief Measures) Act (No.
1) 2019 Dec 2019 (s 2(1) item 1) Social Services and 17, 2020 6 Mar 2020 Sch 1 (items 43–61, 72, Sch 1 (item 72) Other Legislation Amendment (Simplifying Income Reporting and Other Measures) Act 2020 as amended by 83–92): 7 Dec 2020 (s 2(1) item 1) Coronavirus 22, 2020 24 Mar 2020 Sch 11 (item 41): 25 Mar — Economic Response Package Omnibus Act 2020 2020 (s 2(1) item 7) Coronavirus Economic 22, 2020 24 Mar 2020 Sch 4 (items 29–35): 25 — Response Package Omnibus Act 2020 Mar 2020 (s 2(1) item 4) Social Services and 97, 2020 13 Nov 2020 Sch 1 (items 18–24): 14 — Other Legislation Amendment (Coronavirus and Other Measures) Act 2020 Nov 2020 (s 2(1) item 2) 216 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Act Number and year Endnote 3—Legislation history Assent Commencement Application, saving and transitional provisions Social Services and 107, 2020 26 Nov 2020 Sch 1, Sch 2 (items 7–9), Sch 2 (item 9) Other Legislation Amendment (Omnibus) Act 2020 Sch 3 (items 118–124): 27 Nov 2020 (s 2(1) items 2, 3) National Emergency 129, 2020 15 Dec 2020 Sch 1 (item 53): 16 Dec — Declaration (Consequential Amendments) Act 2020 Social Security (Administration) Amendment (Continuation of Cashless Welfare) Act 2020 2020 (s 2(1) item 2) 136, 2020 17 Dec 2020 Sch 1 (items 1–49, 114): Sch 1 (items 49, 18 Dec 2020 (s 2(1) 97–99, 113) items 2, 5) Sch 1 (items 49A–99): 17 Mar 2021 (s 2(1) item 3) Sch 1 (items 101–113): 8 Mar 2021 (s 2(1) item 4) Social Services and 42, 2021 27 May 2021 Sch 3 (items 3-5): 28 — Other Legislation Amendment (Student Assistance and Other Measures) Act 2021 May 2021 (s 2(1) item 1) Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 217 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Endnote 4—Amendment history Provision affected How affected Part 1 s 2A................................................. ad No 137, 2001 s 3.................................................... am No 45, 2000; No 42, 2021 s 4.................................................... rep No 42, 2021 s 6A................................................. ad No 47, 2001 am No 17, 2020 s 6B ................................................. ad No 59, 2015 Part 2 s 8.................................................... am No 60, 2015 s 9.................................................... am No 38, 2010 rep No 60, 2015 s 10.................................................. am No 45, 2000; No 38, 2010; No 13, 2014; No 60, 2015 Part 3 Division 1 Subdivision A s 11.................................................. am No 80, 2001; No 110, 2015; No 46, 2017 Subdivision B s 12.................................................. rs No 173, 2007 s 12A............................................... ad No 43, 2001 s 12AAA ......................................... ad No 41, 2006 rs No 66, 2007 am No 19, 2008 rep No 107, 2020 s 12AA............................................ ad No 60, 2004 rs No 19, 2008 s 12AB ............................................ ad No 55, 2005 rep No 19, 2008 ad No 131, 2008 am No 4, 2009; No 13, 2014 218 Social Security (Administration)
 Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected s 12AC ............................................ ad No 41, 2006 rep No 19, 2008 ad No 46, 2017 s 12AD............................................ ad No 66, 2007 rep No 19, 2008 ad No 28, 2019 s 12AE ............................................ ad No 22, 2020 s 12AF............................................. ad No 97, 2020 s 12B ............................................... ad No 35, 2003 s 12C ............................................... ad No 132, 2004 s 12D............................................... ad No 132, 2004 rs No 60, 2009 am No 91, 2015 s 12DA............................................ ad No 60, 2009 s 12DB ............................................ ad No 141, 2011 am No 122, 2014 s 12E ............................................... ad No 182, 2007 s 12F ............................................... ad No 44, 2009 s 12G............................................... ad No 35, 2009 s 12H............................................... ad No 17, 2010 s 12J ................................................ ad No 93, 2010 am No 55, 2016 rep No 128, 2015 s 12K............................................... ad No 141, 2011 s 12L ............................................... ad No 5, 2013 rep No 96, 2014 ad No 87, 2018 rs No 104, 2019 s 13.................................................. am No 30, 2003; No 31 and 35, 2014; No
 55, 2016; No 26, 2018 s 14.................................................. am No 30, 2003; No 108, 2006; No 31, 2014; No 26, 2018 s 14A............................................... ad No 26, 2018 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 219 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected s 15.................................................. am No 45, 2000; No 30, 2003; No 64, 2008 s 15A............................................... ad No 44, 2009 Subdivision C s 16.................................................. am No 82, 2006; No 141, 2011; No 106, 2012; No 143, 2015 s 17.................................................. am No 183, 2007 s 18.................................................. am No 37, 2009 s 19.................................................. rep No 45, 2000 Subdivision D heading.................... rep No 33, 2010 ad No 141, 2011 Subdivision E s 21.................................................. am No 183, 2007 Subdivision EA Subdivision EA............................... ad No 183, 2007 s 26A............................................... ad No 183, 2007 s 26B ............................................... ad No 183, 2007 Subdivision EB Subdivision EB ............................... ad No 169, 2015 s 26C ............................................... ad No 169, 2015 Subdivision F Subdivision F heading .................... rs No 30, 2003 s 27.................................................. rep No 45, 2000 ad No 30, 2003 Subdivision FAA Subdivision FAA ............................ ad No 62, 2013 s 27AA............................................ ad No 62, 2013
ad No 62, 2013 Subdivision FA Subdivision FA ............................... ad No 82, 2006 s 27A............................................... ad No 82, 2006 Subdivision FB Subdivision FB ............................... ad No 106, 2012 s 27B ............................................... ad No 106, 2012 220 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected Subdivision FC ............................... ad No 141, 2011 s 27C ............................................... ad No 141, 2011 rep No 143, 2015 rep No 143, 2015 Subdivision FD ............................... ad No 35, 2014 rep No 55, 2016 s 27D............................................... ad No 35, 2014 rep No 55, 2016 Subdivision H s 29.................................................. am No 18, 2001; No 108, 2006; No 26, 2018 s 30.................................................. am No 108, 2006 s 30A............................................... ad No 108, 2006 s 31.................................................. am No 45, 2000; No 30, 2003; No 82, 2006; No 82, 2007; No 106, 2012; No 62, 2013 s 31A............................................... ad No 18, 2001 s 32.................................................. am No 98, 2012 rep No 26, 2018 Subdivision J Subdivision J heading..................... rs No 30, 2003 s 35.................................................. am No 30, 2003 s 35A............................................... ad No 30, 2003 s 35B ............................................... ad No 106, 2012 Division 2 s 36.................................................. am No 106, 2012; No 169, 2015 s 37.................................................. am No 80, 2001; No 35, 2003; No 154, 2005; Nos 64 and 108, 2006; No 63,
 2008; No 35, 2014; No 55, 2016; No 26, 2018 (Sch 6 item 60; Sch 7 item 64); No 107, 2020 s 37AA............................................ ad No 149, 2008 am No 102, 2012 s 37A............................................... ad No 80, 2001 am No 110, 2015; No 46, 2017 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 221 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected s 39.................................................. am No 45, 2000; No 30, 2003; No 106, 2012; No 169, 2015 Division 3 s 41.................................................. am No 80, 2001 Division 3AA Division 3AA.................................. ad No 26, 2018 Subdivision A s 42AA............................................ ad No 26, 2018 am No 26, 2018 s 42AB ............................................ ad No 26, 2018 Subdivision B s 42AC ............................................ ad No 26, 2018 s 42AD............................................ ad No 26, 2018 s 42AE ............................................ ad No 26, 2018 Subdivision C s 42AF............................................. ad No 26, 2018 s 42AG............................................ ad No 26, 2018 s 42AH............................................ ad No 26, 2018 s 42AI ............................................. ad No 26, 2018 s 42AJ ............................................. ad No 26, 2018 s 42AK............................................ ad No 26, 2018 Subdivision D s 42AL ............................................ ad No 26, 2018 s 42AM ........................................... ad No 26, 2018 s 42AN............................................ ad No 26, 2018 s 42AO............................................ ad
ad No 26, 2018 s 42AP............................................. ad No 26, 2018 Subdivision E s 42AQ............................................ ad No 26, 2018 s 42AR ............................................ ad No 26, 2018 s 42AS............................................. ad No 26, 2018 222 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected Division 3A Division 3A heading....................... rs No 26, 2018 Division 3A..................................... ad No 7, 2009 Subdivision A Subdivision A ................................. rs No 26, 2018 s 42A............................................... ad No 7, 2009 am No 130, 2010; No 48, 2011; No 131, 2014 rs No 26, 2018 am No 26, 2018 s 42B ............................................... ad No 7, 2009 rs No 26, 2018 Subdivision B s 42C ............................................... ad No 7, 2009 am Nos 48 and 173, 2011; No 26, 2018 s 42D............................................... ad No 7, 2009 Subdivision C s 42E ............................................... ad No 7, 2009 am Nos 48 and 173, 2011; No 26, 2018 s 42F ............................................... ad No 7, 2009 s 42G............................................... ad No 7, 2009 rs No 48, 2011 am No 131, 2014 s 42H............................................... ad No 7, 2009 am Nos 48 and 173, 2011; No 26, 2018 s 42J ................................................ ad No 7, 2009 am No 48, 2011 s 42K............................................... ad No 7, 2009 am No 48, 2011 s 42L ............................................... ad No 7, 2009 Subdivision D s 42M .............................................. ad No 7, 2009 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 223 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected s 42N............................................... ad No 7, 2009 am No 173, 2011 am No 173, 2011; No 26, 2018 s 42NA............................................ ad No 7, 2009 s 42NC ............................................ ad No 7, 2009 ss 42P–42R ..................................... ad No 7, 2009 Subdivision E s 42S ............................................... ad No 7, 2009 am No 130, 2010; No 173, 2011; No 35, 2014; No 26, 2018 Subdivision EA Subdivision EA............................... ad No 48, 2011 s 42SA............................................. ad No 48, 2011 am No 173, 2011; No 131, 2014 Subdivision EB Subdivision EB ............................... ad No 173, 2011 s 42SB............................................. ad No 173, 2011 Subdivision EC Subdivision EC ............................... ad No 131, 2014 s 42SC............................................. ad No 131, 2014 am No 26, 2018 s 42SD............................................. ad No 131, 2014 Subdivision F s 42T ............................................... ad No 7, 2009 s 42U............................................... ad No 7, 2009 am No 52, 2012; No 131, 2014 am No 173, 2011; No 131, 2014; No 26, 2018 s 42UA............................................ ad No 48, 2011 am No 173, 2011; No 131, 2014 s
 42V............................................... ad No 7, 2009 s 42W.............................................. ad No 7, 2009 am No 131, 2014 224 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected s 42X............................................... ad No 7, 2009 am No 131, 2014 s 42Y............................................... ad No 7, 2009 am No 130, 2010 s 42YA............................................ ad No 48, 2011 s 42Z ............................................... ad No 7, 2009 Subdivision G ................................. rep No 48, 2011 s 42ZA ............................................ ad No 7, 2009 rep No 48, 2011 Division 4 s 43.................................................. am No 60, 2009; No 45, 2010; No 141, 2011; No 70, 2013 (Sch 3 item 98 md); No 122, 2014 s 44.................................................. am No 95, 2002 s 45.................................................. am No 95, 2002 s 46A............................................... ad No 82, 2006 s 46B ............................................... ad No 106, 2012 s 47.................................................. am No 45, 2000; No 70, 2000; No 43, 2001; No 95, 2002; No 60, 2004; No 55, 2005; No 41, 2006; No 82, 2006; No 66, 2007; No 182, 2007; No 183, 2007; No 19, 2008; No 64, 2008; No 131, 2008; No 4, 2009; No 35, 2009; No 17, 2010; No 93, 2010; No 141, 2011; No 106, 2012; No 5, 2013; No 13, 2014; No 35, 2014; No 96, 2014; No 128, 2015; No 143, 2015; No 55, 2016; No 46, 2017; No 87, 2018; No 28, 2019; No 104, 2019; No 22, 2020; No 97, 2020;
 No 107, 2020 s 47A............................................... ad No 43, 2001 s 47AA............................................ ad No 41, 2006 rs No 19, 2008 rep No 107, 2020 s 47AB ............................................ ad No 66, 2007 rep No 19, 2008 ad No 35, 2009 s 47AC ............................................ ad No 46, 2017 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 225 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected s 47AD............................................ ad No 28, 2019 s 47AE ............................................ ad No 22, 2020 s 47AF............................................. ad No 22, 2020 s 47AG............................................ ad No 97, 2020 s 47AH............................................ ad No 97, 2020 s 47B ............................................... ad No 60, 2004 s 47BA ............................................ ad No 35, 2014 rs No 19, 2008 s 47C ............................................... ad No 55, 2005 rep No 55, 2016 rep No 19, 2008 ad No 131, 2008 am No 4, 2009; No 13, 2014 s 47CA ............................................ ad No 13, 2014 s 47CB ............................................ ad No 87, 2018 s 47D............................................... ad No 41, 2006 am No 104, 2019 rep No 19, 2008 ad No 141, 2011 s 47DAA ......................................... ad No 141, 2011 am No 143, 2015 s 47DAB ......................................... ad No 5, 2013 rep No 96, 2014 s 47DA............................................ ad No 17, 2010 am No 55, 2016 s 47DB ............................................ ad No 169, 2015 s 47E ............................................... ad No 66, 2007 rep No 19, 2008 s
 48.................................................. am No 42, 2001; No 55, 2016 s 48A............................................... ad No 132, 2004 am No 5, 2008 226 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected s 48B ............................................... ad No 132, 2004 am No 5, 2008 rs No 60, 2009 am No 141 2011; No 70, 2013; No 91, 2015 s 48C ............................................... ad No 60, 2009 s 48D............................................... ad No 141, 2011 am No 81, 2009; No 70, 2013 am No 70, 2013; No 122, 2014 s 50A............................................... ad No 182, 2007 s 52.................................................. am No 130, 2007; No 26, 2018; No 107, 2020 s 53.................................................. am No 26, 2018 s 54.................................................. am No 45, 2010 s 55.................................................. am No 95, 2002; No 30, 2003; No 132, 2004; No 60, 2009; No 141, 2011; No 169, 2015 s 58.................................................. am No 183, 2007; No 169, 2015 s 59.................................................. am No 183, 2007 Division 5 s 60.................................................. am No 130, 2007; No 144, 2015 s 61.................................................. rs No 144, 2015 s 61A............................................... ad No 144, 2015 Division 6 Division 6 heading.......................... rs No 30, 2003 Subdivision A s 63.................................................. am No 147, 2002; No 35, 2003; No 122, 2003; No 154, 2005 rs
 No 7, 2009; No 48, 2011 am No 26, 2018; No 74, 2019 s 63A............................................... ad No 74, 2019 s 64.................................................. am No 147, 2002; No 30, 2003; No 154, 2005 (as am by No 64, 2006) rs No 7, 2009 am No 48, 2011; No 131, 2014; No 26, 2018; No 74, 2019 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 227 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected s 65.................................................. rep No 26, 2018 s 66.................................................. am No 94, 2000; No 13, 2014; No 26, 2018 (Sch 6 item 61) Subdivision B s 66A............................................... ad No 91, 2011 am No 91, 2015 s 67.................................................. am No 130, 2007 s 68.................................................. am No 35, 2003; No 132, 2004; No 130, 2007; No 60, 2009; No 91, 2015 s 69.................................................. am No 132, 2004; No 60, 2009; No 91, 2015 s 70.................................................. am No 108, 2006; No 45, 2009 s 70A............................................... ad No 130, 2007 s 70B ............................................... ad No 144, 2015 s 71.................................................. rep No 45, 2000 am No 136, 2020 s 72.................................................. am No 45, 2000; No 137, 2001; No 35, 2003; No 130, 2007 s 73.................................................. am No 91, 2011 s 74.................................................. am No 137, 2001; No 130, 2007 Subdivision C s 75.................................................. am No 132, 2004; No 63, 2008; No 60, 2009; No 91, 2015 rs No 26, 2018 s
 76.................................................. am No 179, 1999 (as am by No 30, 2003); No 30, 2003; No 63, 2008 rs No 26, 2018 s 77.................................................. am No 63, 2008 rs No 26, 2018 Division 7 Subdivision A s 78A............................................... ad No 132, 2004 am No 60, 2009; No 91, 2015 s 80.................................................. am No 122, 2003; No 154, 2005 (as am by No 64, 2006); No 26, 2018 228 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected s 81.................................................. am No 45, 2000; No 30, 2003; No 122, 2003; No 26, 2018 s 81A............................................... ad No 61, 2005 s 82.................................................. am No 94, 2000 s 85.................................................. am No 35, 2003; No 149, 2008; No 102, 2012; No 42, 2017; No 74, 2019 s 85AA............................................ ad No 74, 2019 am No 74, 2019 s 85A............................................... ad No 61, 2005 Subdivision B s 86.................................................. am No 63, 2008; No 26, 2018 Division 8 Subdivision A s 90A............................................... ad No 132, 2004 am No 60, 2009; No 91, 2015 s 90.................................................. am No 73, 2002; No 17, 2018 s 91.................................................. am No 73, 2002; No 17, 2018 s 92.................................................. rep No 30, 2003 s 93.................................................. am No 35, 2003 s 94.................................................. am No 35, 2003 s 95.................................................. am No 35, 2003 s 95A............................................... ad No 108, 2006 s 95B ............................................... ad No 44, 2009 s 95C
 ............................................... ad No 42, 2017 s 96.................................................. am No 73, 2002; No 154, 2005; No 51, 2012; No 17, 2018; No 26, 2018; No 17, 2020 s 97.................................................. am No 154, 2005; No 51, 2012; No 26, 2018; No 17, 2020 s 97A............................................... ad No 154, 2005 am No 51, 2012; No 26, 2018 s 97B ............................................... ad No 154, 2005 am No 26, 2018; No 17, 2020 s 98.................................................. am No 73, 2002; No 35, 2003; No 17, 2018 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 229 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected s 99.................................................. am No 35, 2003; No 108, 2006 s 100................................................ am No 35, 2003 s 101................................................ am No 73, 2002; No 17, 2018 s 102................................................ rep No 30, 2003 Subdivision B s 106A............................................. ad No 80, 2001 Subdivision C Subdivision C ................................. ad No 80, 2001 s 106B ............................................. ad No 80, 2001 am No 64, 2006; No 13, 2014; No 46, 2017; No 26, 2018 (Sch 6 item 62, Sch 7 item 65) Division 9 Subdivision A s 107................................................ am No 30, 2003 Subdivision B Subdivision B heading.................... rs No 61, 2005 am No 74, 2019 s 108................................................ am No 61, 2005; No 74, 2019 s 109................................................ am No 94, 2000; No 154, 2005; No 65, 2007; No 159, 2015 s 109A............................................. ad No 159, 2015 s 110................................................ am No 45, 2000; No 73, 2002; No 30, 2003; No 35, 2003; No 154, 2005; No 159, 2015; No 17, 2018; No 17, 2020 s 110A............................................. ad No 154, 2005 am No 7, 2009; No 130, 2010; No 26, 2018
 ed C123 am No 26, 2018 ed C132 s 112................................................ rep No 35, 2003 s 113................................................ rep No 45, 2000 s 114................................................ am No 30, 2003; No 154, 2005; No 159, 2015 230 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected Subdivision D s 117................................................ am No 61, 2005 s 118................................................ am No 45, 2000; No 94, 2000; No 71, 2001; No 30, 2003; No 35, 2003; No 122, 2003; No 61, 2005; No 154, 2005; No 7, 2009; No 73, 2014; No 159, 2015; No 26, 2018; No 17, 2020 s 119................................................ rep No 45, 2000 s 120................................................ am No 45, 2009 Subdivision E s 121................................................ am No 63, 2008; No 26, 2018 Division 10 s 123................................................ am No 47, 2001; No 30, 2003; No 61, 2005; No 63, 2008; No 149, 2008; No 102, 2012; No 116, 2014; No 42, 2017; No 26, 2018 Division 11 Division 11 ..................................... ad No 159, 2015 s 123AA.......................................... ad No 159, 2015 s 123AB .......................................... ad No 159, 2015 am No 111, 2018 s 123AC .......................................... ad No 159, 2015 s 123AD.......................................... ad No 159, 2015 Part 3A Part 3A............................................ ad No 95, 2002 Division 1 s 123A............................................. ad No 95, 2002 am No 132, 2004; No 60, 2009; No 141, 2011; No 91, 2015; No 169, 2015 Division 2 s 123B
 ............................................. ad No 95, 2002 s 123C ............................................. ad No 95, 2002 s 123D............................................. ad No 95, 2002 s 123E ............................................. ad No 95, 2002 am No 130, 2007; No 50, 2011 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 231 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected Division 3 s 123F ............................................. ad No 95, 2002 Division 4 ss 123G–123L................................. ad No 95, 2002 Division 5 ss 123M–123S ................................ ad No 95, 2002 Part 3B Part 3B ............................................ ad No 130, 2007 Division 1 s 123TA .......................................... ad No 130, 2007 am No 63, 2008; No 93, 2010; No 102, 2012 s 123TB........................................... ad No 130, 2007 rs No 93, 2010 s 123TC........................................... ad No 130, 2007 am No 182, 2007; Nos 63 and 131, 2008; Nos 4, 25, 35 and 81, 2009; Nos 38, 89, 93 and 103, 2010; Nos 32, 50 and 141, 2011; Nos 49, 50 and 102, 2012; No 5 and 70, 2013; No 13, 2014; No 96, 2014; No 122, 2014; No 128, 2015; No 144, 2015; No 128, 2017; No 17, 2018; No 26, 2018; No 22, 2020; No 97, 2020; No 136, 2020 s 123TD .......................................... ad No 130, 2007 rep No 93, 2010 s 123TE........................................... ad No 130, 2007 rep No 93, 2010 s 123TF ........................................... ad No 130, 2007 s 123TFA ........................................ ad No 93, 2010 rep No 102, 2012 s 123TG .......................................... ad No 130, 2007 s 123TGAA..................................... ad No 102,
ad No 102, 2012 s 123TGAB..................................... ad No 102, 2012 s 123TGA ....................................... ad No 63, 2008 s 123TH .......................................... ad No 130, 2007 232 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected s 123TI............................................ ad No 130, 2007 s 123TJ............................................ ad No 130, 2007 s 123TK .......................................... ad No 130, 2007 am No 17, 2018 Division 2 Subdivision A s 123UA.......................................... ad No 130, 2007 s 123UB .......................................... ad No 130, 2007 s 123UC .......................................... ad No 130, 2007 rep No 93, 2010 am No 50, 2011; No 144, 2015; No 136, 2020 s 123UCA ....................................... ad No 93, 2010 am No 50, 2011; No 102, 2012 s 123UCB ....................................... ad No 93, 2010 am No 50, 2011; No 102, 2012 s 123UCC ....................................... ad No 93, 2010 am No 50, 2011; No 102, 2012 ss 123UD, 123UE ........................... ad No 130, 2007 am No 50, 2011 s 123UF........................................... ad No 130, 2007 am No 38, 2010; No 50, 2011; No 52, 2011; No 154, 2012; No 14, 2014; No 128, 2015; No 74, 2017; No 45, 2019; No 136, 2020 s 123UFAA..................................... ad No 102, 2012 s 123UFA........................................ ad No 63, 2008 Subdivision B ................................. rep No 93, 2010 s 123UG.......................................... ad No 130, 2007 rep No 93, 2010 Subdivision BA Subdivision
 BA............................... ad No 93, 2010 s 123UGA ....................................... ad No 93, 2010 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 233 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected Subdivision BB Subdivision BB............................... ad No 93, 2010 s 123UGB ....................................... ad No 93, 2010 s 123UGC ....................................... ad No 93, 2010 s 123UGD ....................................... ad No 93, 2010 am No 128, 2015; No 26, 2018 am No 102, 2012; No 128, 2015 s 123UGE ....................................... ad No 93, 2010 rep No 128, 2015 s 123UGF........................................ ad No 93, 2010 s 123UGG ....................................... ad No 93, 2010 Subdivision C s 123UH.......................................... ad No 130, 2007 am No 128, 2015 s 123UI ........................................... ad No 130, 2007 s 123UJ ........................................... ad No 130, 2007 s 123UK.......................................... ad No 130, 2007 s 123UL .......................................... ad No 130, 2007 Subdivision D Subdivision D ................................. ad No 63, 2008 s 123UM ......................................... ad No 63, 2008 am No 93, 2010; No 50, 2011; No 102, 2012 s 123UN.......................................... ad No 63, 2008 s 123UO.......................................... ad No 63, 2008 am No 93, 2010; No 50, 2011; No 102, 2012 am No 93, 2010; No 50, 2011; No 102, 2012; No 136, 2020 Subdivision E
 Subdivision E.................................. ad No 136, 2020 s 123UP........................................... ad No 63, 2008 rep No 50, 2011 ad No 136, 2020 234 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected Division 3 Division 3 heading.......................... rs No 89, 2010 s 123VA.......................................... ad No 130, 2007 rs No 89, 2010 s 123VB .......................................... ad No 130, 2007 rep No 89, 2010 s 123VC .......................................... ad No 130, 2007 am No 89, 2010 Division 4 Subdivision A s 123WA ......................................... ad No 130, 2007 am No 89, 2010 ss 123WB–123WF.......................... ad No 130, 2007 Subdivision B s 123WG ......................................... ad No 130, 2007 am No 8, 2010 s 123WH ......................................... ad No 130, 2007 s 123WI........................................... ad No 130, 2007 Subdivision C s 123WJ .......................................... ad No 130, 2007 am No 63, 2008; Nos 38, 89 and 93, 2010; No 102, 2012 s 123WJA ....................................... ad No 38, 2010 s 123WK ......................................... ad No 130, 2007 s 123WL ......................................... ad No 130, 2007 am No 63, 2008; No 38, 2010; No 89, 2010; No 128, 2015 s 123WM ........................................ ad No 130, 2007 am No 63, 2008; No 38, 2010 s 123WN ......................................... ad No 130, 2007 am No 89, 2010 Division 5 Subdivision A ................................. rep No 93, 2010 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 235 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected ss 123XA–123XH........................... ad No 130, 2007 am No 89, 2010 rep No 93, 2010 Subdivision B ss 123XI, 123XJ ............................. ad No 130, 2007 am No 89, 2010 Subdivision BA Subdivision BA............................... ad No 93, 2010 s 123XJA ........................................ ad No 93, 2010 am No 89, 2010; No 70, 2013 s 123XJB......................................... ad No 93, 2010 am No 89, 2010 Subdivision BB Subdivision BB............................... ad No 93, 2010 s 123XJC......................................... ad No 93, 2010 am No 89, 2010; No 70, 2013 s 123XJD ........................................ ad No 93, 2010 am No 89, 2010 Subdivision C s 123XK.......................................... ad No 130, 2007 am No 89, 2010 s 123XL .......................................... ad No 130, 2007 am No 89, 2010 Subdivision D ss 123XM–123XP........................... ad No 130, 2007 am No 89, 2010 Subdivision DAA s 123XPAA..................................... ad No 102, 2012 s 123XPAB ..................................... ad No 102, 2012 Subdivision DA Subdivision DA .............................. ad No 63, 2008 236 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected ss 123XPA, 123XPB ...................... ad No 63, 2008 am No 89, 2010 Subdivision DB Subdivision DB heading................. rs No 4, 2009 am No 22, 2020 rs No 97, 2020 Subdivision DB............................... ad No 131, 2008 s 123XPBA ..................................... ad No 22, 2020 s 123XPBB ..................................... ad No 97, 2020 s 123XPC........................................ ad No 131, 2008 am Nos 89 and 93, 2010 s 123XPD........................................ ad No 4, 2009 am No 89, 2010 Subdivision DC Subdivision DC heading................. rs No 55, 2016 Subdivision DC............................... ad No 17, 2010 s 123XPF ........................................ ad No 17, 2010 rep No 55, 2016 s 123XPG........................................ ad No 17, 2010 Subdivision DD .............................. ad No 93, 2010 am No 89, 2010 s 123XPH........................................ ad No 93, 2010 rep No 128, 2015 am No 89, 2010 rep No 128, 2015 s 123XPI ......................................... ad No 93, 2010 am No 89, 2010 rep No 128, 2015 Subdivision DE Subdivision DE............................... ad No 141, 2011 s 123XPJ ......................................... ad No 141, 2011 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 237 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected Subdivision DF Subdivision DF ............................... ad No 50, 2012 s 123XPK........................................ ad No 50, 2012 Subdivision DG .............................. ad No 50, 2012 s 123XPL ........................................ ad No 50, 2012 rep No 96, 2014 rep No 96, 2014 Subdivision E s 123XQ.......................................... ad No 130, 2007 Division 6 Subdivision A s 123YA.......................................... ad No 130, 2007 s 123YB .......................................... ad No 130, 2007 am No 93, 2010 Subdivision B s 123YC .......................................... ad No 130, 2007 am No 89, 2010; No 50, 2011 s 123YD.......................................... ad No 130, 2007 s 123YE .......................................... ad No 130, 2007 am No 89, 2010; No 50, 2011 s 123YF........................................... ad No 130, 2007 am No 89, 2010; No 93, 2010; No 50, 2011; No 101, 2012 am No 89, 2010; No 93, 2010; No 50, 2011; No 101, 2012 s 123YG.......................................... ad No 130, 2007 am No 89, 2010; No 50, 2011 s 123YH.......................................... ad No 130, 2007 am No 89, 2010; No 50, 2011 s 123YI ........................................... ad No 130, 2007 s 123YJ ........................................... ad No 130, 2007 am
ad No 130, 2007 am No 89, 2010;No 93, 2010; No 50, 2011; No 101, 2012 am No 89, 2010; No 93, 2010; No 50, 2011; No 101, 2012 238 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected s 123YK.......................................... ad No 130, 2007 am No 89, 2010; No 50, 2011 s 123YL .......................................... ad No 130, 2007 am No 89, 2010; No 50, 2011 s 123YM ......................................... ad No 130, 2007 s 123YN.......................................... ad No 130, 2007 am No 89, 2010; No 50, 2011 am No 89, 2010; No 50, 2011 Subdivision C s 123YO.......................................... ad No 130, 2007 am No 89, 2010; No 50, 2011 s 123YP........................................... ad No 130, 2007 am No 89, 2010; No 50, 2011 Subdivision D s 123YQ.......................................... ad No 130, 2007 am Nos 89 and 93, 2010 s 123YR .......................................... ad No 89, 2010 rs No 128, 2015 Division 7 s 123ZA .......................................... ad No 130, 2007 rep No 93, 2010 s 123ZB........................................... ad No 130, 2007 s 123ZC........................................... ad No 130, 2007 am No 50, 2011 s 123ZD .......................................... ad No 130, 2007 s 123ZDA ....................................... ad No 102, 2012 s 123ZE........................................... ad No 130, 2007 am No 50, 2011 s 123ZEA........................................ ad No 130, 2007 s 123ZEAA ..................................... ad No 102, 2012 s 123ZEB
 ........................................ ad No 130, 2007 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 239 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected Division 8 s 123ZF ........................................... ad No 130, 2007 am No 89, 2010; No 50, 2011 s 123ZG .......................................... ad No 130, 2007 am No 89, 2010 s 123ZH .......................................... ad No 130, 2007 am No 89, 2010; No 93, 2010 rep No 101, 2012 s 123ZI............................................ ad No 130, 2007 am No 89, 2010 s 123ZIA ......................................... ad No 89, 2010 s 123ZJ............................................ ad No 130, 2007 am No 89, 2010 s 123ZJA......................................... ad No 128, 2015 Division 9 s 123ZK .......................................... ad No 130, 2007 s 123ZL........................................... ad No 130, 2007 am No 89, 2010 s 123ZM.......................................... ad No 130, 2007 s 123ZN .......................................... ad No 130, 2007 am No 36, 2015 am No 128, 2015; No 136, 2020 s 123ZNA ....................................... ad No 89, 2010 am No 32, 2011 s 123ZO .......................................... ad No 130, 2007 Part 3C Part 3C ............................................ ad No 149, 2008 Division 1 s 124................................................ ad No 149, 2008 am No 102, 2012 s 124A............................................. ad No 149, 2008
ad No 149, 2008 240 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected am No 102, 2012 s 124B ............................................. ad No 149, 2008 s 124C ............................................. ad No 149, 2008 s 124D............................................. ad No 149, 2008 am No 17, 2018 s 124E ............................................. ad No 149, 2008 am No 60, 2015 Division 2 ss 124F–124H, 124J ....................... ad No 149, 2008 Division 3 Division 3 ....................................... rs No 102, 2012 ss 124K–124N ................................ ad No 149, 2008 Division 3A Division 3A..................................... ad No 102, 2012 s 124NA.......................................... ad No 102, 2012 s 124NB .......................................... ad No 102, 2012 s 124NC .......................................... ad No 102, 2012 s 124ND.......................................... ad No 102, 2012 s 124NE .......................................... ad No 102, 2012 s 124NF........................................... ad No 102, 2012 s 124NG.......................................... ad No 102, 2012 Division 4 s 124P ............................................. ad No 149, 2008 am No 102, 2012 Division 5 Division 5 ....................................... ad No 102, 2012 s 124PA........................................... ad No 102, 2012 Part 3D Part 3D heading .............................. rs
 No 136, 2020 Part 3D............................................ ad No 144, 2015 exp end of 31 Dec 2022 (s 124PF(1)) Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 241 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected exp end of 31 Dec 2022 (s 124PF(1)) Division 1 s 124PB........................................... ad No 144, 2015 rs No 136, 2020 am No 136, 2020 exp end of 31 Dec 2022 (s 124PF(1)) s 124PC........................................... ad No 144, 2015 am No 136, 2020 exp end of 31 Dec 2022 (s 124PF(1)) s 124PD........................................... ad No 144, 2015 am No 3, 2018; No 26, 2018; No 110, 2018; No 45, 2019; No 22, 2020; No 97, 2020; No 107, 2020; No 136, 2020 exp end of 31 Dec 2022 (s 124PF(1)) s 124PE ........................................... ad No 144, 2015 am No 110, 2018 exp end of 31 Dec 2022 (s 124PF(1)) Division 2 Subdivision A Subdivision A heading.................... rs No 136, 2020 s 124PF ........................................... ad No 144, 2015 exp end of 31 Dec 2022 (s 124PF(1)) am No 3, 2018; No 110, 2018; No 45, 2019 rs No 136, 2020 exp end of 31 Dec 2022 (s 124PF(1)) s 124PG........................................... ad No 144, 2015 rs No 110, 2018 am No 45, 2019; No 62, 2019; No 136, 2020 exp end of 31 Dec 2022 (s 124PF(1)) s 124PGA........................................ ad No 110, 2018 am No 45, 2019; No 62, 2019; No 136, 2020 exp end of 31 Dec 2022 (s 124PF(1)) 242 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected s 124PGB........................................ ad No 110, 2018 am No 45, 2019; No 62, 2019; No 136, 2020 exp end of 31 Dec 2022 (s 124PF(1)) s 124PGC........................................ ad No 110, 2018 am No 110, 2018; No 45, 2019; No 62, 2019, No 136, 2020 exp end of 31 Dec 2022 (s 124PF(1)) s 124PGD........................................ ad No 136, 2020 exp end of 31 Dec 2022 (s 124PF(1)) s 124PGE ........................................ ad No 136, 2020 exp end of 31 Dec 2022 (s 124PF(1)) Subdivision B s 124PH........................................... ad No 144, 2015 am No 110, 2018; No 136, 2020 exp end of 31 Dec 2022 (s 124PF(1)) s 124PI ............................................ ad No 144, 2015 rep No 110, 2018 Subdivision C Subdivision C ................................. ad No 45, 2019 rs No 62, 2019 exp end of 31 Dec 2022 (s 124PF(1)) s 124PHA........................................ ad No 45, 2019 rs No 62, 2019 am No 136, 2020 exp end of 31 Dec 2022 (s 124PF(1)) s 124PHB........................................ ad No 62, 2019 am No 136, 2020 exp end of 31 Dec 2022 (s 124PF(1)) Division 3 Subdivision A s 124PJ............................................ ad No 144, 2015 am No 110, 2018; No 129, 2020 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 243 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected ed C138 am No 136, 2020 exp end of 31 Dec 2022 (s 124PF(1)) s 124PK........................................... ad No 144, 2015 am No 110, 2018; No 136, 2020 exp end of 31 Dec 2022 (s 124PF(1)) s 124PL ........................................... ad No 144, 2015 am No 136, 2020 exp end of 31 Dec 2022 (s 124PF(1)) Subdivision B s 124PM.......................................... ad No 144, 2015 am No 110, 2018 exp end of 31 Dec 2022 (s 124PF(1)) Division 4 s 124PN........................................... ad No 144, 2015 am No 136, 2020 exp end of 31 Dec 2022 (s 124PF(1)) s 124PO........................................... ad No 144, 2015 am No 136, 2020 exp end of 31 Dec 2022 (s 124PF(1)) s 124POA........................................ ad No 136, 2020 s 124POB........................................ ad No 136, 2020 exp end of 31 Dec 2022 (s 124PF(1)) exp end of 31 Dec 2022 (s 124PF(1)) s 124POC........................................ ad No 136, 2020 exp end of 31 Dec 2022 (s 124PF(1)) s 124POD........................................ ad No 136, 2020 exp end of 31 Dec 2022 (s 124PF(1)) Division 5 s 124PP ........................................... ad No 144, 2015 am No 136, 2020 244 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected s 124PQ........................................... ad No 144, 2015 exp end of 31 Dec 2022 (s 124PF(1)) am No 110, 2018 exp end of 31 Dec 2022 (s 124PF(1)) s 124PQA........................................ ad No 110, 2018 exp end of 31 Dec 2022 (s 124PF(1)) s 124PR........................................... ad No 144, 2015 exp end of 31 Dec 2022 (s 124PF(1)) s 124PS ........................................... ad No 110, 2018 am No 136, 2020 exp end of 31 Dec 2022 (s 124PF(1)) Part 4 Part 4 heading ................................. rs No 60, 2015 Division 1 s 124 (2nd occurring) Renumbered s 124Q ....................... No 149, 2008 s 125................................................ am No 108, 2006 Division 2 s 126................................................ am No 45, 2000; No 80, 2001; No 76, 2013; No 13 and 98, 2014; s 126A............................................. ad No 159, 2015 No 60, 2015 s 127................................................ am No 35, 2003; No 73, 2008; No 5, 2011; No 13, 2014; No 169, 2015; No 136, 2020 s 128................................................ am No 30, 2003; No 38, 2010; No 60, 2015 s 129................................................ am No 45, 2000; No 80, 2001; No 30, 2003; No 38, 2010; No 5, 2011; No 32, 2011; No 141, 2011; No 76, 2013; No 13, 2014; No 98, 2014; No 143, 2015; No 169, 2015 s
 131................................................ am No 35, 2003; No 154, 2005; No 64, 2006; No 7, 2009; No 26, 2018 s 132................................................ am No 35, 2003; Nos 64 and 108, 2006 s 132A............................................. ad No 35, 2003 rep No 154, 2005 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 245 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected s 133................................................ rep No 154, 2005 s 134................................................ rep No 154, 2005 s 134A............................................. ad No 147, 2002 rep No 154, 2005 s 135................................................ am No 94, 2000; No 30, 2003; No 32, 2011; No 60, 2015 s 136................................................ rs No 45, 2000 s 137................................................ am No 60, 2015 s 138................................................ am No 130, 2007; No 60, 2015 Division 3 heading.......................... rep No 60, 2015 Division 2A Division 2A..................................... ad No 169, 2015 s 138A............................................. ad No 169, 2015 s 138B ............................................. ad No 169, 2015 s 138C ............................................. ad No 169, 2015 s 138D............................................. ad No 169, 2015 s 138E ............................................. ad No 169, 2015 s 138F ............................................. ad No 169, 2015 s 138G............................................. ad No 169, 2015 s 138H............................................. ad No 169, 2015 s 138J .............................................. ad No 169, 2015 Part 4A Part
 4A heading .............................. ad No 60, 2015 Subdivision A ................................. rep No 60, 2015 Subdivision B heading.................... rep No 60, 2015 Division 1 Division 1 heading.......................... ad No 60, 2015 s 139................................................ rs No 60, 2015 Division 2 Division 2 heading.......................... ad No 60, 2015 Subdivision A Subdivision A heading.................... ad No 60, 2015 246 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected s 140................................................ am No 45, 2000; No 80, 2001; No 147, 2002; No 35, 2003; No 64, 2006; No 7, 2009; No 76, 2013; No 13 and 98, 2014; No 60, 2015 s 140A............................................. ad No 60, 2015 am No 26, 2018 s 141................................................ am No 154, 2012 rep No 60, 2015 Subdivision B Subdivision B heading.................... ad No 60, 2015 s 142................................................ am No 45, 2000; No 32, 2011; No 60, 2015 s 142A............................................. ad No 60, 2015 s 143................................................ am No 147, 2002; No 35, 2003; No 64, 2006; No 7, 2009 rs No 60, 2015 s 144................................................ am Nos 45 and 94, 2000; No 122, 2003; No 108, 2006; No 130, 2007; Nos 7 and 48, 2009; No 38, 2010; No 5, 2011; No 62, 2013; No 13 and 98, 2014; No 60, 2015; No 26, 2018; No 136, 2020 s 145................................................ am No 35, 2003; No 64, 2006; No 7, 2009; No 154, 2012; No 60, s 146................................................ am No 35, 2003; Nos 64 and 108, 2006 2015; No 26, 2018 Subdivision C Subdivision C ................................. ad No 60, 2015 s 146A............................................. ad No 35, 2003 s 147................................................ rep No
rep No 154, 2005 rep No 154, 2005 ad No 60, 2015 Subdivision D Subdivision D ................................. ad No 60, 2015 s 148................................................ rep No 154, 2005 s 148A............................................. ad No 147, 2002 ad No 60, 2015 rep No 154, 2005 s 149................................................ am No 147, 2002; No 35, 2003; No 64, 2006; No 183, 2007; No 7, 2009; No 32, 2011 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 247 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected rep No 60, 2015 s 150................................................ am No 147, 2002; No 35, 2003; No 64, 2006; No 7, 2009; No 32, 2011 rep No 60, 2015 s 151................................................ am No 94, 2000; No 147, 2002; Nos 35 and 122, 2003; No 64, 2006; No 7, 2009 rep No 60, 2015 s 152................................................ am No 147, 2002; No 35, 2003; No 64, 2006; No 7, 2009 s 153................................................ am No 147, 2002; No 35, 2003; No 64, 2006; No 7, 2009 rep No 60, 2015 s 154................................................ am No 32, 2011 rep No 60, 2015 rep No 60, 2015 s 155................................................ am No 154, 2012 rep No 60, 2015 s 156................................................ am No 45, 2000; No 8, 2007; No 38, 2010; No 32, 2011 rep No 60, 2015 Division 4 heading.......................... rep No 60, 2015 Subdivision A ................................. rep No 60, 2015 s 157................................................ am No 38, 2010; No 32, 2011 rep No 60, 2015 s 158................................................ am No 38, 2010; No 154, 2012 s 159................................................ am No 38, 2010 rep No 60, 2015 rep No 60, 2015 s 160................................................ am No 45, 2000; No 38,
 2010 rep No 60, 2015 Subdivision B heading.................... rs No 33, 2010 Subdivision B ................................. am No 33, 2010 rep No 60, 2015 rep No 60, 2015 248 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected s 160A............................................. ad No 33, 2010 rep No 60, 2015 s 161................................................ am Nos 33 and 38, 2010; No 154, 2012 rep No 60, 2015 s 162................................................ am Nos 33 and 38, 2010 s 163................................................ am No 38, 2010 rep No 60, 2015 rep No 60, 2015 Subdivision BA............................... ad No 33, 2010 s 163A............................................. ad No 33, 2010 rep No 60, 2015 am No 38, 2010; No 154, 2012 rep No 60, 2015 Subdivision BB heading ................. ad No 33, 2010 rep No 60, 2015 s 164................................................ rep No 60, 2015 s 165................................................ am No 38, 2010; No 60, 2015 s 165A............................................. ad No 38, 2010 s 165B ............................................. ad No 38, 2010 rs No 60, 2015 rep No 60, 2015 s 165C ............................................. ad No 38, 2010 rep No 60, 2015 s 166................................................ am No 38, 2010; No 60, 2015; No 26, 2018 Subdivision BC heading ................. rs No 154, 2012 rep No 60, 2015 Subdivision BC............................... ad No 38, 2010 rep No 60, 2015 s 166A............................................. ad No 38, 2010 am No 154, 2012 rep No 60,
 2015 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 249 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected s 166B ............................................. ad No 38, 2010 am No 154, 2012 rep No 60, 2015 Subdivision C heading.................... rep No 60, 2015 s 167................................................ am No 154, 2012 rep No 60, 2015 s 168................................................ am No 38, 2010; No 60, 2015 s 169................................................ am No 38, 2010 rep No 154, 2012 Subdivision D heading.................... rep No 60, 2015 s 170................................................ am No 154, 2012 s 171................................................ am No 38, 2010 rep No 60, 2015 rs No 154, 2012 rep No 60, 2015 s 172................................................ am No 38, 2010 rs No 154, 2012 rep No 60, 2015 s 173................................................ rs No 38, 2010 rep No 60, 2015 s 174................................................ am No 38, 2010 rep No 60, 2015 s 175................................................ am No 45, 2000; No 30, 2003; No 38, 2010; No 154, 2012; No 13, 2014 rep No 60, 2015 s 176................................................ am No 60, 2015 Subdivision E.................................. rep No 60, 2015 s 177................................................ am No 82, 2007; No 33, 2010; No 38, 2010 Subdivision
 F.................................. ad No 38, 2010 rs No 60, 2015 rep No 60, 2015 250 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected s 177A............................................. ad No 38, 2010 Subdivision G ................................. ad No 154, 2012 rep No 60, 2015 rep No 60, 2015 s 177B ............................................. ad No 154, 2012 rep No 60, 2015 s 177C ............................................. ad No 154, 2012 s 177D............................................. ad No 154, 2012 rep No 60, 2015 rep No 60, 2015 s 178................................................ am No 45, 2000; No 76, 2013; No 13 and 98, 2014 Division 5 ....................................... rep No 60, 2015 rs No 60, 2015 Division 3 Division 3 ....................................... ad No 60, 2015 Subdivision A s 179................................................ am No 45, 2000 rs No 60, 2015 Subdivision B s 180................................................ rs No 60, 2015 am No 132, 2015 Division 4 Division 4 ....................................... ad No 60, 2015 s 181................................................ rs No 60, 2015 s 182................................................ rs No 60, 2015 s 183................................................ rs No 60, 2015 s 184................................................ rep No 60, 2015 s 185................................................ rep No 60, 2015 s 186................................................ am No 32, 2011; No
am No 32, 2011; No 98, 2014 s 187................................................ am No 38, 2010 rep No 60, 2015 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 251 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected rep No 60, 2015 s 188................................................ rep No 60, 2015 s 189................................................ rep No 60, 2015 s 190................................................ rep No 94, 2000 Part 5 Division 1 s 191................................................ am No 26, 2018 s 191A............................................. ad No 26, 2018 s 192................................................ am Nos 30 and 122, 2003; No 130, 2007; No 7, 2009; No 26, 2018; No 136, 2020 s 193................................................ am No 13, 2014; No 26, 2018 s 194................................................ am No 13, 2014 rs No 26, 2018 s 195................................................ am No 156, 2006; No 130, 2007; No 149, 2008; No 17, 2010; No 102, 2012; No 144, 2015; No 74, 2016; No 33, 2017 s 196................................................ am No 26, 2018 s 197................................................ am No 137, 2001 s 197A............................................. ad No 26, 2018 s 197B ............................................. ad No 26, 2018 s 198................................................ am No 26, 2018 Division 2 s 200................................................ am No 137, 2001 Division 3 s
 201A............................................. ad No 122, 2003 s 202................................................ am No 45, 2000; No 35, 2003; No 154, 2005; No 108, 2006; am No 13, 2014; No 17, 2020 No 130, 2007; Nos 42 and 149, 2008; No 58, 2009; No 17, 2010; Nos 32 and 34, 2011; No 102, 2012; No 197, 2012; No 13, 2014; No 112, 2015; No 126, 2015; No 144, 2015; No 47, 2016; No 74, 2016; No 46, 2018; No 17, 2020 s 202A............................................. ad No 17, 2020 s 203................................................ am No 137, 2001; No 13, 2014; No 4, 2016; No 17, 2020 252 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected s 204................................................ am No 137, 2001; No 30, 2003; No 13, 2014; No 4, 2016; No 17, 2020 s 204A............................................. ad No 94, 2000 am No 26, 2018 s 204B ............................................. ad No 141, 2011 rep No 143, 2015 s 205................................................ am No 137, 2001; No 4, 2016 s 206................................................ am No 13, 2014; No 4, 2016 s 207................................................ am No 45, 2000; No 13, 2014; No 107, 2020 s 208................................................ am No 45, 2000; No 95, 2002; Nos 32 and 79, 2011; No 13, 2014; No 107, 2020 s 208A............................................. ad No 141, 2008 s 209................................................ am No 30, 2003; No 108, 2006 rs No 79, 2011 Part 6 Division 2 s 212................................................ rs No 137, 2001 s 213................................................ rs No 137, 2001 am No 82, 2006 am No 107, 2020 s 214................................................ rs No 137, 2001 am No 107, 2020 s 215................................................ am No 137, 2001 s 216................................................ rs No 137, 2001 Division 3 s 217................................................ am No 4, 2016 Division 4 s
 223................................................ am No 61, 2016 Division 5 Division 5 ....................................... rs No 137, 2001 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 253 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected Subdivision A s 226................................................ rep No 137, 2001 s 227................................................ rep No 137, 2001 s 228................................................ rs No 137, 2001 am No 4, 2010 Subdivision B ................................. rep No 137, 2001 ss 229, 230 ...................................... rep No 137, 2001 Part 7 s 234................................................ am No 94, 2000; No 30, 2003; No 154, 2005; No 64, 2006; No 32, 2011 s 238................................................ am No 44, 2000; No 75, 2001; No 141, 2011; No 143, 2015; No 169, 2015 s 240................................................ am No 30, 2003 s 240A............................................. ad No 80, 2001 s 240B ............................................. ad No 80, 2001 am No 110, 2015; No 46, 2017 am No 18, 2001; No 108, 2006; No 113, 2007 s 240C ............................................. ad No 80, 2001 am No 110, 2015; No 46, 2017 s 242................................................ am No 30, 2003 s 243................................................ am No 108, 2006 s 243A............................................. ad No 42, 2017 Part 8 s 253................................................ rep No 60, 2015 s
rep No 60, 2015 s 254................................................ rep No 60, 2015 Part 9............................................... rep No 192, 1999 ss 258–260 ...................................... rep No 192, 1999 Schedule 1 c 1 ................................................... am No 45, 2000; No 80, 2001; No 30, 2003; No 130, 2007; Nos 19 and 149, 2008; Nos 7 and 58, 2009; Nos 5 and 58, 2011; Nos 102 and 154, 2012; No 62, 2013; No 13, 2014; No 131, 2014; No 60, 2015; No 144, 2015; No 26, 2018 (Sch 7 item 66); No 87, 2018 254 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected ed C128 am No 74, 2019; No 104, 2019 Schedule 2 Part 1 c 2 ................................................... am No 80, 2001 Part 2 c 3 ................................................... am No 80, 2001; No 110, 2015; No 46, 2017; No 26, 2018 c 4 ................................................... am No 45, 2000; No 52, 2012; No 26, 2018 c 4A................................................. ad No 26, 2018 am No 26, 2018 c 5 ................................................... am No 154, 2005; No 64, 2006; No 149, 2008; No 7, 2009; No 102, 2012; No 26, 2018 c 5A................................................. ad No 7, 2009 am No 26, 2018 Part 3 Division 2 c 13 ................................................. am No 82, 2006 c 14 ................................................. rep No 47, 2016 c 14A............................................... ad No 109, 2004 rep No 47, 2016 Division 3 c 15 ................................................. rs No 147, 2002 am No 30, 2003; No 64, 2006; No 26, 2018 c 15A............................................... ad No 45, 2009 c 16 ................................................. am No 36, 2006 rep No 55, 2016 c 17 ................................................. am No 36, 2006 rep No 55, 2016 cc 20–27.......................................... rep No 45, 2000 c 28
 ................................................. am No 26, 2018 cc 31, 32.......................................... am No 70, 2000 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 255 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected c 33 ................................................. rep No 26, 2018 c 36 ................................................. rep No 45, 2000 Division 4 Division 4 ....................................... ad No 80, 2001 c 37 ................................................. ad No 80, 2001 Schedule 3....................................... rep No 60, 2015 c 1 ................................................... am No 38, 2010; No 154, 2012 rep No 60, 2015 c 2 ................................................... am No 38, 2010 rep No 60, 2015 c 3 ................................................... am No 38, 2010 rep No 60, 2015 c 4 ................................................... am No 33, 2010 rep No 60, 2015 c 5 ................................................... rep No 60, 2015 c 6 ................................................... am No 38, 2010; No 46, 2011 rep No 60, 2015 c 7 ................................................... am No 38, 2010; No 46, 2011; No 154, 2012 rep No 60, 2015 c 8 ................................................... am No 38, 2010 rep No 60, 2015 c 9 ................................................... am No 46, 2011 rep No 60, 2015 c 10 ................................................. am No 38, 2010; No 154, 2012 c 11 ................................................. rep No 60,
rep No 60, 2015 rep No 60, 2015 c 12 ................................................. am No 8, 2007; No 38, 2010; No 154, 2012 c 12A............................................... ad No 154, 2012 rep No 60, 2015 c 12B............................................... ad No 154, 2012 rep No 60, 2015 256 Social Security (Administration) Act 1999 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected rep No 60, 2015 c 13 ................................................. rep No 60, 2015 c 14 ................................................. am No 146, 1999; No 38, 2010 rep No 60, 2015 c 15 ................................................. am No 38, 2010 c 16 ................................................. rep No 60, 2015 rep No 60, 2015 c 17 ................................................. am No 26, 2008; No 38, 2010; No 58, 2011 rep No 60, 2015 c 18 ................................................. am No 38, 2010 rep No 60, 2015 c 19 ................................................. am No 45, 2000; No 154, 2012 rep No 60, 2015 c 19A............................................... ad No 154, 2012 rep No 60, 2015 c 20 ................................................. am No 45, 2000; No 146, 2006; No 82, 2007; No 38, 2010; No 154, 2012 rep No 60, 2015 c 21 ................................................. am No 38, 2010 rep No 60, 2015 c 22 ................................................. am No 108, 2006; No 38, 2010 rep No 60, 2015 c 23 ................................................. rep No 60, 2015 c 24 ................................................. am No 146, 1999 rep No 60, 2015 c 25 ................................................. am No 38, 2010 rep No 60, 2015 Schedule 4....................................... am No 38, 2010; No 154,
 2012 rep No 60, 2015 Schedule 5 Schedule 5 heading......................... rs No 32, 2011 Compilation No.
142 Compilation date: 28/05/2021 Registered: 04/06/2021 Social Security (Administration) Act 1999 257 OFFICIAL: Sensitive // Legal Privilege Endnotes Endnote 4—Amendment history Provision affected How affected c 1 ................................................... am No 32, 2011 c 2 ................................................... am No 108, 2006; No 32, 2011; No 126, 2015 258 Social Security (Administration) Act 1999 Compilation No.

142 Compilation date: 28/05/2021 Registered: 04/06/2021