Document ID: chunk:federal_register_of_legislation:C2024C00458:section:51
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 51
Character Range: 231476–233279

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 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).