Social Security (Administration) Act 1999

SS(Admin)Act Contents Title Page Part 1 - Preliminary Part 2 - General administration of social security law Part 3 - Provision of benefits Part 3A - Nominees Part 3B - Income management regime Part 4 - Review of decisions Part 5 - Information management Part 6 - Offences Part 7 - Miscellaneous Part 8 - Transitional and saving provisions Schedules NOTES Table of Amendments Section Index Definition Index

SS(Admin)Act Contents

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Section Index

1-100

101-200

201-300

Section Index

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1. Short title

2. Commencement

2A. Application of the Criminal Code

3. Interpretation

4. Social security law

5. Manner of giving notice

6. Effect of certain determinations

6A. Secretary may arrange for use of computer programs to make decisions

7. General administration of social security law

8. Principles of administration

9. Government policy statements

10. Agreement on administrative arrangements

11. General rule

12. Deemed claim in certain cases

12A. One-off payment to the aged

12AA. One-off payment to carers

12AAA. One-off payments to older Australians

12AB. 2005 one-off payments to carers

12AC. 2006 one-off payments to carers

12AD. 2007 one-off payments to carers

12B. Language, literacy and numeracy supplement

12C. Utilities allowance

12D. Seniors concession allowance

12E. Child disability assistance

13. Deemed claim-person contacting Department about a claim for a social security payment

14. Deemed claim-person contacting Department about a claim for a concession card

15. Deemed claim-incorrect or inappropriate claims

16. How to make a claim

17. Special requirements regarding claims for pension bonus

18. Additional provisions regarding claim for special employment advance

20. Interpretation

21. General rule

22. Last bonus period a full-year period

23. Last bonus period a part-year period

24. Claim by exempt partnered person

25. Claim where membership has become non-accruing

26. Claim where person has post-75 work period

26A. General rule

26B. Extension

27. Time limit for claim

27A. Time limit for claim

28. Claims for disability support pension

29. General rule

30. Residence requirements for claimants for special benefit

30A. Exclusion from section 29 residence requirement of crisis payment claimants holding certain visas

31. Exclusion of certain claims from requirements of section 29

31A. Exclusion of certain claims by special category visa holders from section 29 residence requirement

32. Claims for sickness allowance

33. Right to withdraw

34. Manner of withdrawal

35. Claims by persons in gaol etc.

35A. Claims for advance pharmaceutical allowance

36. Obligation of Secretary to determine claim

37. Grant of claim

37A. Duration of certain health care cards

38. Refusal of claim for special employment advance

39. Deemed refusal of claim

40. Rejection of claim for failure to obtain foreign payment

41. Commencement

42. Start day

43. Payment by instalments

44. Payment of instalments to person or nominee

45. Payment of youth allowance-person under 18 and not independent

46. Payment of special employment advance

46A. Payment of AGDRP

47. Payment of lump sum benefits

47A. Payment of one-off payment to the aged

47AA. Payment of 2006 one-off payment to older Australians

47AB. Payment of 2007 one-off payment to older Australians

47B. Payment of one-off payment to carers

47C. Payment of 2005 one-off payments to carers

47D. Payment of 2006 one-off payments to carers

47E. Payment of 2007 one-off payments to carers

48. Payment of telephone allowance

48A Payment of utilities allowance

48B Payment of seniors concession allowance

49. Timing of payment of fares allowance

50. To whom fares allowance is to be paid

51. Advance in case of severe financial hardship

52. Payment of certain amounts outside Australia

53. Payment of instalments where pension received under other legislation

54. Rounding off instalments of social security payments

55. Payment into bank account etc.

56. Youth allowance-failure to nominate parent

57. Change of particular payday

58. Payment of social security payment, other than pension bonus and pension bonus bereavement payment, after death

59. Payment of pension bonus after death

60. Protection of social security payment

61. Deduction at request of recipient

62. Effect of garnishee or attachment order

63. Requirement to attend Department etc.

64. Requirement to undergo medical examination etc.

65. Medical certificate in support of claim for sickness allowance

66. Notice to obtain foreign payment

67. Person who has made a claim

68. Person receiving social security payment or holding concession card

69. Person who has received a social security payment or who has held a concession card

70. Care receiver in respect of whom carer payment being made

70A. Person who is subject to the income management regime etc.

72. Provisions relating to notice

73. Application of notice provisions

74. Offence-failure to comply with notice

75. Secretary's power to request tax file numbers

76. Effect of failure by person to satisfy request for person's tax file number

77. Effect of failure by person to satisfy request for partner's or related person's tax file number

78. Rate increase determination

78A When this Subdivision does not apply

79. Rate reduction determination

80. Cancellation or suspension determination

81. Cancellation or suspension for non-compliance with certain notices

81A. Rate reduction determination for non-compliance with notice relating to rent assistance

82. Cancellation or suspension for failure to take action to obtain foreign payment

83. Changes to payments by computer

84. Automatic transfer by computer

85. Resumption of payment after cancellation or suspension

85A. Rate increase determination following rate reduction for non-compliance with notice relating to rent assistance

86. Cancellation-person not qualified

87. Cancellation-non-compliance with certain notices

88. Changes to qualification by computer

89. Resumption of qualification

90. Automatic cancellation-transfer to new payment type

90A When this Subdivision does not apply

91. Automatic cancellation of parenting payment on transfer to new payment type-member of couple

93. Automatic cancellation-recipient complying with subsection 68(2) notice

94. Automatic cancellation-recipient not complying with subsection 68(2) notice

95. Automatic cancellation-failure to provide statement under subsection 68(2)

95A. Automatic cancellation of carer payment for non-compliance with section 70 notice

96. Disability support pension-suspension instead of cancellation under section 93

97. Disability support pension-suspension taken to have been under section 96

97A. Disability support pension-suspension instead of cancellation under section 94 (person obtains work)

97B. Disability support pension-suspension instead of cancellation under section 94 (person's income)

98. Automatic rate reduction-partner starting to receive pension or benefit

99. Automatic rate reduction-recipient complying with subsection 68(2) notice

100. Automatic rate reduction-recipient not complying with subsection 68(2) notice

101. Automatic rate reduction-receipt of pension by person receiving parenting payment

103. Changes to payments by computer following automatic cancellation or reduction

104. Automatic cancellation-holder complying with subsection 68(4) notice

105. Automatic cancellation-holder not complying with subsection 68(4) notice

106. Changes by computer following automatic cancellation

106A. Automatic cancellation on cessation of qualification

106B. Automatic cancellation

107. General rule

108. Definition

109. Date of effect of favourable determination resulting from review

110. Date of effect of favourable determination

110A. Date of effect of favourable determinations resuming payment after suspensions relating to non-compliance

111. Date of effect of section 78 determination resulting from indexation or adjustment

114. Date of effect of other favourable determinations

115. Definition

116. Date of effect of favourable determination resulting from review-concession cards

117. Definition

118. Date of effect of adverse determinations-general rules

120. Additional rules in the case of carer payment

121. Definition

122. Date of effect of adverse determinations

123. Continuing effect of determinations

123A. Definitions

123B. Appointment of payment nominee

123C. Appointment of correspondence nominee

123D. Provisions relating to appointments

123E. Suspension and revocation of nominee appointments

123F. Payment of instalments etc. to payment nominee

123G. Definition

123H. Actions of correspondence nominee on behalf of benefit recipient

123I. Giving of notices to correspondence nominee

123J. Compliance by correspondence nominee

123K. Notification by nominee of matters affecting ability to act as nominee

123L. Statement by payment nominee regarding disposal of money

123M. Protection of principal against liability for actions of nominee

123N. Protection of nominee against criminal liability

123O. Duty of nominee to principal

123P. Saving of Secretary's powers of revocation

123Q. Saving of Secretary's powers to give notices to principal

123R. Notification of nominee where notice given to principal

123S. Right of nominee to attend with principal

123TA. Simplified outline

123TB. Objects

123TC. Definitions

123TD. Relevant Northern Territory area

123TE. Declared relevant Northern Territory area

123TF. Declared child protection State or Territory

123TG. Declared primary school area and declared secondary school area

123TH. Priority needs

123TI. Excluded goods and excluded services

123TJ. Pornographic material

123TK. Eligible recipient

123UA. Persons subject to the income management regime

123UB. Persons subject to the income management regime-relevant Northern Territory area

123UC. Persons subject to the income management regime-child protection

123UD. Persons subject to the income management regime-school enrolment

123UE. Persons subject to the income management regime-school attendance

123UF. Persons subject to the income management regime-Queensland Commission

123UG. Exempt Northern Territory persons

123UH. Eligible care child

123UI. Applicable school period

123UJ. Eligible care period

123UK. Unsatisfactory school attendance situation

123UL. Formal warning-unsatisfactory school attendance situation

123VA. Establishment of the Income Management Special Account

123VB. Special Account not held on trust etc.

123VC. Bank account

123WA. Income management accounts

123WB. Opening of income management accounts

123WC. Closing of income management accounts

123WD. Income management accounts may have a nil balance

123WE. One income management account per person

123WF. Credits to, and debits from, a person's income management account

123WG. Internet and telephone access to account statements etc.

123WH. Person may request account statements

123WI. Account statements to be given

123WJ. Payment of credit balances of income management accounts-person ceases to be subject to the income management regime

123WK. Payment into bank account etc. of credit balances of income management accounts-person ceases to be subject to the income management regime

123WL. Payment of credit balances of income management accounts-person dies

123WM. Payment into bank account etc. of credit balances of income management accounts-person dies

123WN. Crediting of amounts to income management accounts-Ministerial rules

123XA. Deductions from category B welfare payments-instalments

123XB. Deductions from category B welfare payments-lump sums

123XC. Deductions from category C welfare payments-instalments

123XD. Deductions from category C welfare payments-lump sums

123XE. Deductions from category F welfare payments-instalments

123XF. Deductions from category F welfare payments-lump sums

123XG. Deductions from category G welfare payments-instalments

123XH. Deductions from category G welfare payments-lump sums

123XI. Deductions from category I welfare payments-instalments

123XJ. Deductions from category I welfare payments-lump sums

123XK. Deductions from category I welfare payments-instalments

123XL. Deductions from category I welfare payments-lump sums

123XM. Deductions from category Q welfare payments-instalments

123XN. Deductions from category Q welfare payments-lump sums

123XO. Deductions from category S welfare payments-instalments

123XP. Deductions from category S welfare payments-lump sums

123XQ. Deducted amount taken to have been paid

123YA. Priority needs-application of income management account

123YB. Secretary must have regard to the best interests of children

123YC. Vouchers-general

123YD. Vouchers-designated nominee

123YE. Stored value cards-general

123YF. Stored value cards-designated nominee

123YG. Expense payment-general

123YH. Expense payment-designated nominee

123YI Crediting of account-general

123YJ. Crediting of account-designated nominee

123YK. Transfers to accounts-general

123YL. Transfers to accounts-designated nominee

123YM. Restricted direct payment-general

123YN. Restricted direct payment-designated nominee

123YO. Unrestricted direct payment-general

123YP. Unrestricted direct payment-designated nominee

123YQ. Miscellaneous action

123ZA. Information-gathering powers-Northern Territory

123ZB. Information-gathering powers-school enrolment and attendance

123ZC. Child protection-notice of cancellation of category H welfare payments

123ZD. Queensland Commission-notice of cancellation of welfare payments

123ZE. Disclosure of information to the Secretary-child protection

123ZEA. Disclosure of information to the Secretary-Queensland Commission

123ZEB. Disclosure of information to the Secretary-school enrolment and attendance

123ZF. Person other than payee obtaining payment of a cheque

123ZG. Misuse of vouchers and stored value cards

123ZH. Repayment of money credited to an account

123ZI. Breach of condition relating to crediting of account

123ZJ. Value of action taken under Division 6 exceeds credit balance of income management account

123ZK. Secretary must comply with certain directions given by the Queensland Commission

123ZL. Surrender of unused vouchers and unused stored value cards

123ZM. Vouchers

123ZN. Appropriation

123ZO. This Part has effect despite other provisions etc.

124. Application of Part to decisions under repealed laws

125. Decisions by officers under instruments

126. Review of decisions by Secretary

127. Decisions that are not reviewable by the Secretary

128. Notice to Executive Director or AAT Registrar

129. Application for review

130. Withdrawal of application

131. Secretary may continue payment pending outcome of application for review

132. Guidelines for exercise of Secretary's power to continue payment

135. Review of decisions following application under section 129

136. Notice of decision on review

137. Certain decisions not to be revived

138. Notification of further rights of review

139. Continuance of Social Security Appeals Tribunal

140. Application of Division

141. SSAT objective

142. Application for review by SSAT

143. Application requirement for certain decisions

144. Non-reviewable decisions

145. Secretary may continue payment pending outcome of application for review

146. Guidelines for exercise of Secretary's power to continue payment

149. SSAT review powers

150. SSAT review powers (Activity Agreement decisions)

151. Powers of the SSAT

152. Date of effect of SSAT decisions (other than Activity Agreement decisions)

153. Date of effect of SSAT decision (Activity Agreement decision)

154. Application requirements

155. Variation of decision before review completed

156. Parties to SSAT review

157. Procedure on receipt of application for review by SSAT

158. Parties to be given a statement about the decision under review

159. Arrangements for hearing of application

160. Notice of application to person affected by decision

161. Submissions to SSAT

162. SSAT hearings on written submissions only

163. SSAT hearings without oral submissions by party

164. Evidence on oath or affirmation

165. Provision of further information by Secretary

166. Exercise by Secretary of powers under section 192

167. Hearing procedure

168. Hearing in private

169. Restrictions on disclosure of information obtained at hearing

170. Adjournment of SSAT hearings

171. Withdrawal of application for review

172. Dismissal of an application

173. Chairperson for each SSAT hearing

174. Decision of questions before SSAT

175. Directions as to procedure for hearings

176. Costs of review

177. Procedure following SSAT decision

178. Application of Division

179. Review of decisions by AAT

180. Variation of decision before AAT review completed

181. Review by AAT limited to decisions reviewed by SSAT

182. Settlement of proceedings before the AAT

183. Definition

184. Notice of application for review

185. Parties to a review by the AAT

186. Lodgment of documents with the AAT

187. Power of AAT to obtain additional information

188. Operation and implementation of the decision under review

189. Failure of party to appear

191. Application of Division

192. General power to obtain information

193. Power to obtain information from a person who owes a debt to the Commonwealth

194. Obtaining information about a person who owes a debt to the Commonwealth

195. Obtaining information to verify claims etc.

196. Written notice of requirement

197. Offence-failure to comply with requirement

198. Obligations not affected by State or Territory laws

199. Request for end-of-employment statement

200. Offence-failure to give end-of-employment statement

201. Operation of Division

201A. Definition of officer

202. Protection of personal information

203. Offence-unauthorised access to information

204. Offence-unauthorised use of protected information

204A. Use of tax file numbers

205. Offence-soliciting disclosure of protected information

206. Offence-offering to supply protected information

207. Protection of certain documents etc. from production to court etc.

208. Disclosure of information by Secretary

209. Guidelines for exercise of Secretary's disclosure powers

210. Officer's declaration

211. Application of Part

212. False statement in connection with claim or hardship request

213. False statement to deceive or affect rates

214. False statement or document

215. Obtaining payment that is not payable

216. Payment obtained through fraud etc.

217. Penalty for contravention of Division 2

218. Repayment of social security payment

219. Penalty where person convicted of more than one offence

220. Joining of charges

221. Particulars of each offence

222. Trial of joined charges

223. Evidentiary effect of Secretary's certificate

224. Enforcement of court certificate as judgment

225. State of mind of a person

228. Offence

231. State of mind of individual

232. Conduct of employee or agent

233. Exclusion of imprisonment as penalty for certain offences

234. Delegation

235. Authorised review officers

236. Decisions to be in writing

237. Notice of decisions

238. Payments to Commissioner of Taxation or the Child Support Registrar

239. Judicial notice of certain matters

240. Documentary evidence

240A. Form of cards

240B. Restrictions on listing of dependants

240C. Issue of replacement card on expiry of automatic issue card

241. Annual report

242. Appropriation

243. Regulations

244. Construction of references to 1991 Act

245. Correspondence of provisions

246. Saving of social security payments and concession cards

247. Saving of instruments under 1991 Act

248. Saving of claims for social security payments and concession cards

249. Transitional instalment period

250. Application for amount owing at recipient's death

251. Power to obtain information about events etc. before 20 March 2000

252. Unfinished reviews by Secretary

253. Unfinished reviews by SSAT

254. Unfinished reviews by AAT

255. Saving of steps in review process

256. Entitlements and liabilities

257. Transitional regulations

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