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Social Security (Administration) Act 1999
In force
Administered by
Department of Employment and Workplace Relations
Department of Home Affairs
Department of Social Services
Department of the Prime Minister and Cabinet
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C2004A00580
05 December 1999
-
04 December 1999
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Table of contents
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Part 1—Preliminary
1 Short title
2 Commencement
3 Interpretation
4 Social security law
5 Manner of giving notice
6 Effect of certain determinations
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Part 2—General administration of social security law
7 General administration of social security law
8 Principles of administration
9 Government policy statements
10 Agreement on administrative arrangements
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Part 3—Provision of benefits
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Division 1—Claim for social security payment or concession card
Subdivision A—Need for claim
11 General rule
Subdivision B—Cases where claim not necessary
12 Certain transfers between payments
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 claim
Subdivision C—Manner of making a claim
16 How to make a claim
17 Special requirements regarding claims for pension bonus
18 Additional provisions regarding claim for special employment advance
Subdivision D—Time limits for claims for maternity allowance and maternity immunisation allowance
19 Time limits
Subdivision E—Time limits for claims for pension bonus
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
Subdivision F—Lapsing of certain claims
27 Lapsing of certain claims for maternity immunisation allowance
Subdivision G—Age requirement for certain claims
28 Claims for disability support pension
Subdivision H—Residence requirements for claimants
29 General rule
30 Residence requirements for claimants for special benefit
31 Exclusion of certain claims from requirements of section 29
32 Claims for sickness allowance
Subdivision I—Withdrawal of claim
33 Right to withdraw
34 Manner of withdrawal
Subdivision J—Special provision for claims by persons in gaol etc.
35 Special provision regarding certain claims by persons in gaol etc.
Division 2—Determination of claim
36 Obligation of Secretary to determine claim
37 Grant of claim
38 Refusal of claim for special employment advance
39 Deemed refusal of claim
40 Rejection of claim for failure to obtain foreign payment
Division 3—Commencement of social security payment
41 Commencement
42 Start day
Division 4—Payment of social security payment
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
47 Payment of lump sum benefits
48 Payment of telephone 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, after death
59 Payment of pension bonus after death
Division 5—Protection of social security payments
60 Protection of social security payment
61 Deduction at request of recipient
62 Effect of garnishee or attachment order
Division 6—Provision of information by claimants and recipients
Subdivision A—General
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
Subdivision B—Requirement to give information about change of circumstances etc.
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
71 Notice to recipient of family allowance or family tax payment regarding change of address
72 Provisions relating to notice
73 Application of notice provisions
74 Offence—failure to comply with notice
Subdivision C—Provision of tax file numbers
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
Division 7—Various determinations
Subdivision A—Provisions relating to social security payments
78 Rate increase determination
79 Rate reduction determination
80 Cancellation or suspension determination
81 Cancellation or suspension for non compliance with certain notices
82 Cancellation 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
Subdivision B—Provisions relating to concession cards
86 Cancellation—person not qualified
87 Cancellation—non compliance with certain notices
88 Changes to qualification by computer
89 Resumption of qualification
Division 8—Automatic cancellations and variations
Subdivision A—Social security payments
90 Automatic cancellation—transfer to new payment type
91 Automatic cancellation of parenting payment on transfer to new payment type—member of couple
92 Automatic cancellation of parenting payment—partner receiving ABSTUDY payment that includes dependent spouse allowance
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)
96 Disability support pension—suspension instead of cancellation in some cases
97 Disability support pension—suspension taken to have been under section 96
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
102 Automatic rate reduction of parenting payment—partner receiving ABSTUDY payment that includes dependent spouse allowance
103 Changes to payments by computer following automatic cancellation or reduction
Subdivision B—Concession cards
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
Division 9—Date of effect of determinations
Subdivision A—Determinations relating to claims
107 General rule
Subdivision B—Determinations under section 78 or 85
108 Definition
109 Date of effect of favourable determination resulting from review
110 Date of effect of favourable determination following notification under section 68 notice
111 Date of effect of section 78 determination resulting from indexation or adjustment
112 Date of effect of favourable determination following giving of statement
113 Date of effect of favourable determination following amendment of assessment of taxable income
114 Date of effect of other favourable determinations
Subdivision C—Determinations under section 89
115 Definition
116 Date of effect of favourable determination resulting from review—concession cards
Subdivision D—Date of effect of adverse determinations relating to social security payments
117 Definition
118 Date of effect of adverse determinations—general rules
119 Additional rules in the case of family allowance
120 Additional rules in the case of carer payment
Subdivision E—Date of effect of adverse determinations relating to concession cards
121 Definition
122 Date of effect of adverse determinations
Division 10—Continuing effect of determinations
123 Continuing effect of determinations
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Part 4—Review of decisions
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Division 1—Effect of Part
124 Application of Part to decisions under repealed laws
125 Decisions by officers under instruments
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Division 2—Internal review
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
133 Automatic payment if review of section 544C terms decision sought
134 Automatic payment if review of section 607 terms decision sought
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
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Division 3—Review by the Social Security Appeals Tribunal
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Subdivision A—Preliminary
139 Continuance of Social Security Appeals Tribunal
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Subdivision B—Review by SSAT
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
147 Automatic payment if review of decision under section 544C of the 1991 Act sought
148 Automatic payment if review of decision under section 607 of the 1991 Act sought
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
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Division 4—Procedures for review by the SSAT
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Subdivision A—Preliminary procedures
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
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Subdivision B—How the SSAT informs itself about the decision under review
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
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Subdivision C—The hearing
167 Hearing procedure
168 Hearing in private
169 Restrictions on disclosure of information obtained at hearing
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Subdivision D—Other procedural matters
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
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Subdivision E—Notification of decisions
177 Procedure following SSAT decision
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Division 5—Review by the Administrative Appeals Tribunal
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Subdivision A—Preliminary
178 Application of Division
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Subdivision B—Right to review by AAT
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
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Subdivision C—Modification of Administrative Appeals Tribunal Act
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
190 Limit of AAT power in reviewing a decision
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Part 5—Information management
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Division 1—Information gathering
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
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Division 2—End of employment statements
199 Request for end of employment statement
200 Offence—failure to give end of employment statement
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Division 3—Confidentiality
201 Operation of Division
202 Protection of personal information
203 Offence—unauthorised access to information
204 Offence—unauthorised use of protected information
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
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Part 6—Offences
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Division 1—Preliminary
211 Application of Part
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Division 2—Offences
212 False statement in connection with claim or hardship request
213 False statement to deceive or affect rates
214 False statement or document
215 Knowingly obtaining payment that is not payable
216 Payment knowingly obtained through fraud etc.
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Division 3—Penalties
217 Penalty for contravention of Division 2
218 Repayment of social security payment
219 Penalty where person convicted of more than one offence
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Division 4—Procedural matters
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
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Division 5—Liability of corporations, employers and principals for offences
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Subdivision A—Interpretation
225 State of mind of a person
226 Director of a corporation
227 Conduct
228 Offence
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Subdivision B—Proceedings against corporations
229 State of mind of corporation
230 Conduct of officer of corporation
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Subdivision C—Proceedings against non corporations
231 State of mind of individual
232 Conduct of employee or agent
233 Exclusion of imprisonment as penalty for certain offences
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Part 7—Miscellaneous
234 Delegation
235 Authorised review officers
236 Decisions to be in writing
237 Notice of decisions
238 Payments to Commissioner of Taxation
239 Judicial notice of certain matters
240 Documentary evidence
241 Annual report
242 Appropriation
243 Regulations
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Part 8—Transitional and saving provisions
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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Part 9—Temporary rounding off provisions
258 Rounding off instalment of social security pension or benefit
259 Rounding off instalments of family allowance
260 Cessation of operation of Part
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Schedule 1—Dictionary
1 Definitions
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Schedule 2—Rules for working out start day
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Part 1—Introductory
1 Definitions
2 Different start days under Parts 2 and 3
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Part 2—General rules
3 Start day—general rule
4 Start day—early claim
5 Effect of exclusion period
6 Saving
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Part 3—Backdated start day
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Division 1—Explanatory
7 Explanation of Part
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Division 2—Rules applying to all or most social security payments
8 Claim made soon after partner’s claim
9 Claim by transferee
10 Claim soon after childbirth
11 Incapacitated claimant
12 Claim after death of partner
13 Claim for social security payment following claim for disaster relief payment
14 Claim where Part 3.14A of the 1991 Act applies
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Division 3—Rules applying to particular social security payments
15 Certain persons subject to cancellation of austudy payment, newstart allowance or youth allowance
16 Carer allowance for disabled child or children
17 Carer allowance for disabled adult
18 Double orphan pension
19 Double orphan pension—claim following death of former recipient
20 Family allowance
21 Family allowance to an approved care organisation
22 Family allowance—carer allowance also payable
23 Family allowance—claim relating to youth allowance claimant
24 Family allowance—claim following death of former recipient
25 Family tax payment
26 Family tax payment—carer allowance payable
27 Family tax payment—claim following death of former recipient
28 Newstart allowance—claimant for disability support pension
29 Parenting payment
30 Pensioner education supplement
31 Pensioner education supplement: claim before 1 April
32 Pensioner education supplement: claim before 1 August
33 Sickness allowance: incapacitated claimant
34 Youth allowance: incapacitated claimant
35 Youth allowance—claimant for disability support pension
36 Youth allowance—initial claim for family allowance
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Schedule 3—Constitution and membership of the Social Security Appeals Tribunal
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Part 1—Membership of the SSAT
1 Composition of the SSAT
2 The Executive Director
3 Appointment of members
4 Period of appointment
5 Conditions of appointment
6 Acting appointment: Executive Director
7 Acting appointments: Directors and other members
8 Extension of acting appointments
9 Effect of acts done by persons appointed to act
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Part 2—Organisation of the business of the SSAT
10 Constitution of SSAT for each hearing
11 Number of members for hearings
12 Member unavailable to complete review
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Part 3—Administrative matters
13 Remuneration and allowances of members
14 Leave of absence
15 Approval to engage in outside employment
16 Resignation
17 Removal from office
18 Disclosure of interests
19 Disclosure of confidential information
20 Delegation by the Executive Director
21 Protection of members and witnesses
22 Fees for witnesses
23 Oath or affirmation of office
24 Staff of the SSAT
25 Annual report
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Part 4—Saving provisions
26 Saving of appointments
27 Saving of acts done
28 Saving of reviews in progress
Schedule 4—Forms of oath and affirmation
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Schedule 5—Provisions consequential on the enactment of the Commonwealth Services Delivery Agency Act 1997
1 References to the Secretary and the Department—requirements etc. by delegate
2 References to the Secretary and the Department—directions by Secretary