Social Security Act 1991

SSAct Contents Title Page Reader's Guide Chapter 1 - Introductory Chapter 2 - Pensions, Benefits and Allowances Chapter 2A - Benefits and concessions other than payments Chapter 2B - Student financial supplement scheme Chapter 2C - Assurances of support Chapter 3 - General provisions relating to payability and rates Chapter 4 - International agreements and portability Chapter 5 - Overpayments and debt recovery Schedules NOTES Section Index Definition Index

SSAct Contents

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Section Index
1-100
101-200
201-300
301-400
401-500
501-600
601-700
701-800
801-900
901-1000
1001-1050
1051-1070
1071-1100
1101-1200
1201-1300

Section Index

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1. Short title

2. Commencement

3. Application of the Criminal Code

3A. Power of Secretary to make determinations etc.

4. Family relationships definitions-couples

5. Family relationships definitions-children

5A. Single person sharing accommodation

5B. Registered and active foster carers

5C. Home educators

5D. Distance educators

5E. Relatives (other than parents)

6. Double orphan pension definitions

6A. Concession card definitions

7. Australian residence definitions

8. Income test definitions

9. Financial assets and income streams definitions

9A. Meaning of asset-test exempt income stream-lifetime income streams

9B. Meaning of asset-test exempt income stream-life expectancy income streams

9BA. Meaning of asset-test exempt income stream-market-linked income streams

9C. Family law affected income streams

9D. Asset-tested status of secondary FLA income streams

10. Maintenance income definitions

10A. Definitions for Seniors Health Card provisions

10B. Family actual means test definitions

11. Assets test definitions

11A. Principal home definition for the purpose of the assets test

12. Retirement villages definitions

12A. Granny flat definitions

12B. Sale leaseback definitions

12C. Special residence and residents definitions

13. Rent definitions

14. Remote area definitions

14A. Social security benefit liquid assets test definitions

15. NS activity test definitions

16. Industrial action definitions

16A. Seasonal work definitions

16B. Partial capacity to work

16C. Meaning of applicable statutory conditions

17. Compensation recovery definitions

17A. Retirement assistance for farmers definitions

17B. Retirement assistance for sugarcane farmers definitions

18. Parenting payment definitions

19. Mobility allowance definitions

19A. Fares allowance definitions

19AB. Student Financial Supplement Scheme definitions

19B. Financial hardship provisions liquid assets test definition

19C. Severe financial hardship (ordinary waiting periods and liquid assets test waiting periods) definitions

19D. Severe financial hardship-crisis payment definition

19E. Exempt funeral investments

20. Indexation and rate adjustment definitions

21. Bereavement definitions

22. Review of decisions definitions

23. General definitions

24. Person may be treated as not being a member of a couple (subsection 4(2))

24A. Approved scholarship

25. Refugee visas

28. Approved programs of work for income support payment

28A. Approval of programs of assistance

29. Approval of friendly societies

30. Approval of mental hospitals

31. Approval of follow-up rehabilitation programs

32. Approval of sheltered employment-non-profit organisation

33. Approval of sheltered employment-supported employment

35. Approval of care organisation

35A. Personal Care Support

36. Major disaster

37. Dependent child-inmate of a mental hospital

38B. Notional continuous period of receipt of income support payments

38C. Adult Disability Assessment Tool

38D. Child Disability Assessment Tool

39. Tables, calculators etc. form part of section

43. Qualification for age pension

44. Age pension not payable if pension rate nil

47. Multiple entitlement exclusion

47A. Exclusion of certain participants in ABSTUDY Scheme

55. How to work out a person's age pension rate

82. Qualification for payments under this Subdivision

83. Continued payment of deceased partner's previous entitlement

84. Lump sum payable in some circumstances

85. Adjustment of person's age pension rate

86. Effect of death of person entitled to payments under this Subdivision

87. Matters affecting payment of benefits under this Subdivision

91. Death of recipient

92A. Simplified outline

92B. Definitions

92C. Qualification for pension bonus

92D. Application for registration

92E. Form of application

92F. Relevant information

92G. Lodgment of application

92H. Timing of application and registration

92J. Registration

92K. Duration of membership

92L. Cancellation of membership

92M. Application for registration is not to be treated as a claim

92N. Accruing membership

92P. Non-accruing membership-preclusion periods

92Q. Non-accruing membership-Secretary's discretion

92R. Continuity of accruing membership is not broken by a period of non-accruing membership

92S. Post-75 membership

92T. Accrual of bonus periods

92U. Work test-full-year period

92V. Work test-part-year period

92W. Secretary's discretion to treat gainful work outside Australia as gainful work in Australia

92X. Gainful work-basic rule

92Y. Secretary's discretion to treat activity as gainful work

92Z. Irregular, infrequent and minor absences from a workplace count as gainful work

93. Management of family financial investments does not count as gainful work

93A. Domestic duties in relation to a person's place of residence do not count as gainful work

93B. Evidentiary certificate

93C. Record-keeping requirements

93D. How to calculate the amount of pension bonus

93E. Qualifying bonus periods

93F. Overall qualifying period

93G. Pension multiple

93H. Annual pension rate

93J. Amount of pension bonus

93K. Top up of pension bonus for increased rate of age pension

93L. Top up of pension bonus in specified circumstances

93U. Disposal preclusion period-disposals before 1 July 2002

93UA. Disposal preclusion period-disposals on or after 1 July 2002

93V. Compensation preclusion period

93W. Carer preclusion period

93WA. Qualification for pension bonus bereavement payment

93WB. Amount of pension bonus bereavement payment

93WC. Definition of PBBP employment income

93X. One-off payment to the aged

93Y. 2006 one-off payment to older Australians

93Z. Amount of the one-off payment

93ZA. 2007 one-off payment to older Australians

93ZB. Amount of the one-off payment

94. Qualification for disability support pension-continuing inability to work

94A. Qualification for disability support pension-person transferring to that pension

95. Qualification for disability support pension-permanent blindness

98. Disability support pension not payable if pension rate nil

103. Multiple entitlement exclusion

103A. Exclusion of certain participants in ABSTUDY Scheme

104. Seasonal workers-preclusion period

117. How to work out a person's disability support pension rate

118. Approved program of work supplement

119. Approved program of work supplement not payable in certain circumstances

120. Effect of participation in an approved program of work for income support payment

146F. Qualification for payments under this Subdivision

146G. Continued payment of deceased partner's previous entitlement

146H. Lump sum payable in some circumstances

146J. Adjustment of person's disability support pension rate

146K. Effect of death of person entitled to payments under this Subdivision

146L. Matters affecting payment of benefits under this Subdivision

146Q. Death of recipient

146V. Wife pension not to be granted after 30 June 1995

147. Qualification for wife pension

148. Wife pension not payable if pension rate nil

151. Multiple entitlement exclusion

151A. Exclusion of certain participants in ABSTUDY Scheme

159. How to work out the rate of wife pension

186. Continuation of wife pension for bereavement period

187. Continued wife pension rate

188. Qualification for payments under this Subdivision

189. Continued payment of partner's pension or allowance

190. Lump sum payable in some circumstances

191. Effect of death of person entitled to payments under this Subdivision

192. Matters affecting payment of benefits under this Subdivision

197. Definitions

198. Qualification for carer payment

198A. Income test

198AA. Qualification for carer payment-hospitalisation

198AAA. Continuation of qualification when person receiving care admitted to institution

198AB. Care not required to be in private residence during portability period

198AC. Effect of cessation of care etc. on carer payment

198B. Taxable income

198C. Appropriate tax year

198D. Assets test

198E. Working out the value of assets

198F. Disposal of assets-care receiver assets test

198G. Amount of disposition-care receiver assets test

198H. Disposal of assets in pre-pension years-individual higher ADAT score adults

198HA. Disposal of assets in pre-pension years-profoundly disabled child or disabled children

198HB. Disposal of assets in pre-pension years-lower ADAT score adult and dependent child

198J. Disposal of assets before 1 July 2002-individual higher ADAT score adults

198JA. Disposal of assets before 1 July 2002-profoundly disabled children or disabled children

198JB. Disposal of assets before 1 July 2002-lower ADAT score adult and dependent child

198JC. Disposal of assets in income year-individual higher ADAT score adults

198JD. Disposal of assets in 5 year period-individual higher ADAT score adults

198JE. Disposal of assets in income year-profoundly disabled children

198JF. Disposal of assets in 5 year period-profoundly disabled children

198JG. Disposal of assets in income year-lower ADAT score adult and dependent child

198JH. Disposal of assets in 5 year period-lower ADAT score adult and dependent child

198K. Disposal of assets in pre-pension years-members of couples including care receivers

198L. Disposal of assets before 1 July 2002-members of couples including higher ADAT score adults

198LA. Disposal of assets in income year-members of couples including higher ADAT score adults

198LB. Disposal of assets in 5 year period-members of couples including higher ADAT score adults

198M. Certain dispositions to be disregarded for care receiver assets test

198MA. Other dispositions to be disregarded for care receiver assets test

198N. Exemption from care receiver assets test

198P. Date of effect of favourable decision under section 198N

198Q. Date of effect of adverse decision under section 198N

199. Carer payment not payable if payment rate nil

201AA. Newly arrived resident's waiting period

201AB. Duration of newly arrived resident's waiting period

202. Multiple entitlement exclusion

202A. Exclusion of certain participants in ABSTUDY Scheme

203. Seasonal workers-preclusion period

210. How to work out a person's carer payment rate

235. Continuation of carer payment for bereavement period where person cared for dies

236. Continued carer payment rate

236A. Lump sum payable in some circumstances

236B. Subdivision not to apply in certain cases involving simultaneous death

237. Qualification for payments under this Subdivision

238. Continued payment of deceased partner's previous entitlement

239. Lump sum payable in some circumstances

240. Adjustment of person's carer payment rate

241. Effect of death of person entitled to payments under this Subdivision

242. Matters affecting payment of benefits under this Subdivision

243. Subdivision not to apply in certain cases involving simultaneous death

246. Death of recipient

247. One-off payment to carers (carer payment related)

248. What is the amount of the payment?

249. 2005 one-off payment to carers (carer payment related)

250. What is the amount of the payment?

251. 2005 one-off payment to carers (carer service pension related)

252. What is the amount of the payment?

253. 2006 one-off payment to carers (carer payment related)

254. Amount of the one-off payment

255. 2006 one-off payment to carers (wife pension related)

256. Amount of the one-off payment

257. 2006 one-off payment to carers (partner service pension related)

258. Amount of the one-off payment

259. 2006 one-off payment to carers (carer service pension related)

260. Amount of the one-off payment

261. 2007 one-off payment to carers (carer payment related)

262. Amount of the one-off payment

263. 2007 one-off payment to carers (wife pension related)

264. Amount of the one-off payment

265. 2007 one-off payment to carers (partner service pension related)

266. Amount of the one-off payment

267. 2007 one-off payment to carers (carer service pension related)

268. Amount of the one-off payment

315. Qualification for bereavement allowance

316. Bereavement allowance not payable if allowance rate nil

321. Multiple entitlement exclusion

321A. Exclusion of certain participants in ABSTUDY Scheme

329. How to work out a person's bereavement allowance rate

359. Death of recipient

362. Qualification for widow B pension

362A. Widow B pension not to be granted in certain cases

364. Widow B pension not payable if pension rate nil

368. Multiple entitlement exclusion

368A. Exclusion of certain participants in ABSTUDY Scheme

376. How to work out the rate of widow B pension

407. Death of recipient

408AA. Time limit on grants

408BA. Qualification for widow allowance

408BB. Assurance of support

408CA. Widow allowance not payable if allowance rate nil

408CE. Assets test-allowance not payable if assets value limit exceeded

408CF. Multiple entitlement exclusion

408CG. Maximum basic rate and remote area allowance not payable to CDEP Scheme participant

408CH. Seasonal workers

408FA. How to work out a woman's widow allowance rate

408GI. CDEP Scheme participant may accumulate widow allowance

500. Qualification for parenting payment

500A. Participation requirements

500B. Qualification affecting member of couple-assurance of support

500C. Qualification affecting member of couple-unemployment due to industrial action

500D. PP child

500E. Prospective determinations for some recipients

500F. When a person is covered by the parenting payment transitional arrangement

500G. When determinations are taken to be in force

500H. The effect of cancellation

500I. Parenting payment not payable if payment rate nil

500J. Situations where payment not payable for failure to comply with certain requirements

500Q. Assets test-payment not payable if assets value limit exceeded

500S. Multiple entitlement exclusion

500V. Educational schemes exclusion-person member of a couple

500VA. Exclusion of certain participants in ABSTUDY Scheme

500W. Maximum basic rate and remote area allowance not payable to CDEP Scheme participant who is a member of a couple

500Z. Seasonal workers-preclusion period

500ZA. Parenting payment participation failures

500ZB. Payment not payable because of parenting payment participation failure

500ZC. When the period of non-payment starts

500ZD. When the period of non-payment ends

500ZE. Payment not payable because of repeated or more serious failure

500ZF. When the period of non-payment starts

501. Parenting Payment Activity Agreements

501A. Parenting Payment Activity Agreement-terms

501B. Parenting Payment Activity Agreements-requirement to look for work of appropriate number of hours per week

501C. Parenting Payment Activity Agreements-people with partial capacity to work

501D. Parenting Payment Activity Agreements-requirement to participate in an approved program of work

501E. Parenting Payment Activity Agreements-suspension of agreements in cases of domestic violence etc.

502. Secretary may impose additional participation requirements

502A. People 55 and over who are engaged in work

502B. Persons engaged in suitable paid work for at least 30 hours per fortnight

502C. Domestic violence etc.

502D. People with disabled children and other circumstances

502E. Training camps

502F. Special circumstances

502G. Pre-natal and post-natal relief

502H. Temporary incapacity

502J. Time limit for temporary incapacity exemption-Secretary satisfied person can undertake activity

502K. Time limit for temporary incapacity exemption-end of person's maximum exemption period

503. How to work out a person's parenting payment rate

503A. Approved program of work supplement

503AA. Approved program of work supplement not payable in certain circumstances

504N. CDEP Scheme participant may accumulate parenting payment

512. Death of PP child-continuation of qualification for 14 weeks

513. Death of recipient-recipient not member of a couple

513A. Death of recipient-recipient member of a couple

514. Surviving partner and deceased partner

514A. Qualification for payments under this Subdivision

514B. Continued payment of deceased partner's previous entitlement

514C. Lump sum payable in some circumstances

514D. Adjustment of person's parenting payment rate

514E. Effect of death of surviving partner

514F. Matters affecting payments under this Subdivision

514FA. Calculation of bereavement payment in respect of former CDEP Scheme participant

540. Qualification for youth allowance-general rule

540A. Qualification for youth allowance-claimants for disability support pension

540AA. Qualification for youth allowance-new apprentices

540AB. Qualification for youth allowance-claimants with medical conditions affecting their capacity to work

540B. Qualification for youth allowance-transferee from social security pension

540C. Qualification for youth allowance may continue to end of payment period

541. Activity test

541A. Failure to satisfy the activity test

541B. Undertaking full-time study

541D. Unsuitable paid work

542. Situations in which a person is not required to satisfy the activity test

542A. Temporary incapacity exemption

542B. Failure to attend interview etc. may result in cessation of temporary incapacity exemption

542BA. Time limit for temporary incapacity exemptions-capacity to undertake activity

542C. Time limit for temporary incapacity exemptions-maximum exemption period

542D. Pre-natal and post-natal exemptions

542E. Remote area exemption

542F. Domestic violence or other special family circumstances exemption

542FA. Disabled children or other family circumstances exemption

542FB. New claimants exemption

542G. Training camp exemption

542H. Special circumstances exemption

543. Youth allowance age

543A. Minimum age for youth allowance

543B. Maximum age for youth allowance

544. Requirements relating to Youth Allowance Activity Agreements

544A. Youth Allowance Activity Agreements-requirement

544B. Youth Allowance Activity Agreements-terms

544C. Youth Allowance Activity Agreements-principal carers

544D. Youth Allowance Activity Agreements-people with partial capacity to work

544E. Youth Allowance Activity Agreements-suspension of agreements for people with certain exemptions

546. Prospective determinations for some allowance recipients

547. Youth allowance not payable if allowance rate nil

547A. Allowance not payable if assets value limit exceeded

547AA. Youth allowance not payable if person fails to attend interview etc. in certain circumstances

547AB. Situations where allowance not payable for failure to comply with certain requirements

547B. Who is excluded from application of assets test?

547C. Assets value limit

547D. Value of person's assets to include value of assets of partner or family members in certain circumstances

547E. Assets of trust in which person benefits

547F. Exclusion of certain assets that are exempt under the Farm Household Support Act 1992

547G. How business assets are treated

549. Waiting periods

549A. Liquid assets test waiting period

549B. Start of liquid assets test waiting period

549C. Length of liquid assets test waiting period

549D. Newly arrived resident's waiting period

549E. Length of newly arrived resident's waiting period

549F. Effect of being subject to 2 waiting periods

550. Youth allowance participation failures

550A. Requiring a person to apply for job vacancies

550B. Allowance not payable because of youth allowance participation failure

550C. When the period of non-payment starts

550D. When the period of non-payment ends

551. Allowance not payable because of repeated or more serious failure

551A. When the period of non-payment starts

552. Multiple entitlement exclusions

552A. Person receiving payment under certain schemes

552B. Assurance of support

552C. Maximum basic rate and remote area allowance not payable to CDEP Scheme participant

553. Employment-related exclusions

553A. Unemployment due to industrial action

553B. Move to area of lower employment prospects

553C. Seasonal workers

556. How to work out a person's youth allowance rate

556A. Approved program of work supplement

559J. CDEP Scheme participant may accumulate youth allowance

567. Qualification for payments under this Division

567A. Continued payment of partner's pension or benefit

567B. Lump sum payable in some circumstances

567C. Adjustment of person's youth allowance rate

567D. Effect of death of person entitled to payments under this Division

567E. Matters affecting payments under this Division

567F. Calculation of bereavement payment in respect of former CDEP Scheme participant

567G. Death of child-continuation of youth allowance rate for 14 weeks

568. Qualification for austudy payment-general rule

568A. Qualification for austudy payment-transferee from social security pension

568AA. Qualification for austudy payment-new apprentices

569. Activity test

569A. Undertaking qualifying study

569B. Approved course of education or study

569C. Full-time students

569D. Concessional study-load students

569E. Normal amount of full-time study

569F. First fortnight of classes

569G. Progress rules-secondary students

569H. Progress rules-tertiary students

570. Austudy age

572. Austudy payment not payable if payment rate nil

572A. Situations where austudy payment not payable for failure to comply with certain requirements

573. Austudy payment not payable if assets value limit exceeded

573A. Who is excluded from application of assets test

573B. Assets value limit

573C. Value of person's assets to include value of assets of partner

573D. Assets of trust in which person benefits

573E. Exclusion of certain assets that are exempt under the Farm Household Support Act 1992

575. Waiting periods

575A. Liquid assets test waiting period

575B. Start of liquid assets test waiting period

575C. Length of liquid assets test waiting period

575D. Newly arrived resident's waiting period

575E. Length of newly arrived resident's waiting period

575EA. Seasonal workers-preclusion period

575F. Effect of being subject to 2 waiting periods

576. Austudy participation failures

576A. Allowance not payable because of austudy participation failure

576B. When the period of non-payment starts

576C. When the period of non-payment ends

577. Payment not payable because of repeated failure

577A. When the period of non-payment starts

578. Multiple entitlement exclusions

578A. Person receiving payment under certain schemes

578B. Assurance of support

581. How to work out a person's austudy payment rate

592. Qualification for payments under this Division

592A. Continued payment of partner's pension or benefit

592B. Lump sum payable in some circumstances

592C. Adjustment of person's austudy payment rate

592D. Effect of death of person entitled to payments under this Division

592E. Matters affecting payments under this Division

593. Qualification for newstart allowance

595. Persons may be treated as unemployed

596. Unemployment due to industrial action

596A. Assurance of Support

598. Liquid assets test waiting period

600. Prospective determinations for some allowance recipients

601. Activity test

602A. Relief from activity test-persons to whom subsection 614(6) applies

602B. Relief from activity test-domestic violence etc.

602C. Relief from activity test-people with disabled children and other circumstances

603. Relief from activity test-general