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Social Security Act 1991
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C2006C00270
22 May 2006
-
29 June 2006
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Volume 1
Chapter 1—Introductory
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Part 1.1—Formal matters
1 Short title [see Note 1]
2 Commencement
3 Application of the Criminal Code
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Part 1.2—Definitions
3A Power of Secretary to make determinations etc.
4 Family relationships definitions—couples
5 Family relationships definitions—children [see Appendix for CPI adjusted figures]
5A Single person sharing accommodation
6 Double orphan pension definitions
6A Concession card definitions
7 Australian residence definitions
8 Income test definitions
9 Financial assets and income streams definitions [see Note 7]
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
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
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
19AA Fares allowance definitions
19AB Student Financial Supplement Scheme definitions
19B Financial hardship (Carer payment) liquid assets test definition
19C Severe financial hardship definitions
19D Severe financial hardship—crisis payment definition
20 Indexation and rate adjustment definitions
21 Bereavement definitions
22 Review of decisions definitions
23 General definitions
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Part 1.3—Determinations having interpretative effect
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
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Part 1.4—Miscellaneous
39 Tables, calculators etc. form part of section
Chapter 2—Pensions, benefits and allowances
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Part 2.2—Age pension
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Division 1—Qualification for and payability of age pension
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Subdivision A—Qualification
43 Qualification for age pension
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Subdivision B—Payability
44 Age pension not payable if pension rate nil
47 Multiple entitlement exclusion
47A Exclusion of certain participants in ABSTUDY Scheme
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Division 4—Rate of age pension
55 How to work out a person’s age pension rate
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Division 9—Bereavement payments
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Subdivision A—Death of partner
82 Qualification for payments under this Subdivision
83 Continued payment of partner’s pension or allowance
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
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Subdivision C—Death of recipient
91 Death of recipient
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Part 2.2A—Pension bonus
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Division 1—Introduction
92A Simplified outline
92B Definitions
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Division 2—Qualification for pension bonus
92C Qualification for pension bonus
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Division 3—Registration as a member of the pension bonus scheme
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Subdivision A—Membership of the pension bonus scheme
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
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Subdivision B—Classification of membership of the pension bonus scheme
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
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Division 4—Accrual of bonus periods
92T Accrual of bonus periods
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Division 5—Passing the work test
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Subdivision A—The work test
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
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Subdivision B—Gainful work
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
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Subdivision C—Record-keeping requirements
93C Record-keeping requirements
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Division 6—Amount of pension bonus
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
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Division 11—Preclusion periods
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
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Part 2.2B—One-off payment to the aged
93X One-off payment to the aged
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Part 2.2C—2006 one-off payment to older Australians
93Y 2006 one-off payment to older Australians
93Z Amount of the one-off payment
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Part 2.3—Disability support pension
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Division 1—Qualification for and payability of disability support pension
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Subdivision A—Qualification
94 Qualification for disability support pension
95 Qualification for disability support pension—permanent blindness
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Subdivision B—Payability
98 Disability support pension not payable if pension rate nil
103 Multiple entitlement exclusion
103A Exclusion of certain participants in ABSTUDY Scheme
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Division 5—Rate of disability support pension
117 How to work out a person’s disability support pension rate
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Volume 2
Chapter 2—Pensions, benefits and allowances
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Part 2.3—Disability support pension
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Division 10—Bereavement payments
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Subdivision A—Death of partner
146F Qualification for payments under this Subdivision
146G Continued payment of partner’s pension or allowance
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
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Subdivision C—Death of recipient
146Q Death of recipient
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Part 2.4—Wife pension
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Division 1A—Time limit on grant of wife pension
146V Wife pension not to be granted after 30 June 1995
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Division 1—Qualification for and payability of wife pension
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Subdivision A—Qualification
147 Qualification for wife pension
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Subdivision B—Payability
148 Wife pension not payable if pension rate nil
151 Multiple entitlement exclusion
151A Exclusion of certain participants in ABSTUDY Scheme
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Division 4—Rate of wife pension
159 How to work out the rate of wife pension
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Division 9—Bereavement payments
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Subdivision A—Continuation of wife pension where partner dies
186 Continuation of wife pension for bereavement period
187 Continued wife pension rate
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Subdivision B—Death of pensioner partner
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
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Part 2.5—Carer payment
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Division 1A—Interpretation
197 Definitions
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Division 1—Qualification for and payability of carer payment
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Subdivision A—Qualification
198 Qualification for carer payment
198AAA Continuation of qualification when person receiving care admitted to institution
198AA Qualification for carer payment—hospitalisation
198AB Care not required to be in private residence during portability period
198AC Effect of cessation of care etc. on carer payment
198A Income test [see Appendix for CPI adjusted figures]
198B Taxable income
198C Appropriate tax year
198D Assets test [see Appendix for CPI adjusted figures]
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 higher ADAT score adults
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 [see Appendix for CPI adjusted figures]
198P Date of effect of favourable decision under section 198N
198Q Date of effect of adverse decision under section 198N
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Subdivision B—Payability
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
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Division 4—Rate of carer payment
210 How to work out a person’s carer payment rate
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Division 9—Bereavement payments
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Subdivision A—Continuation of carer payment
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
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Subdivision B—Death of partner
237 Qualification for payments under this Subdivision
238 Continued payment of partner’s pension or allowance
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 Benefits under this Subdivision
243 Subdivision not to apply in certain cases involving simultaneous death
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Subdivision D—Death of recipient
246 Death of recipient
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Part 2.5A—One-off payment to people eligible for carer payment
247 One-off payment to carers (carer payment related)
248 What is the amount of the payment?
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Part 2.5B—2005 one-off payment to people eligible for carer payment
249 2005 one-off payment to carers (carer payment related)
250 What is the amount of the payment?
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Part 2.5C—2005 one-off payment to people eligible for carer service pension
251 2005 one-off payment to carers (carer service pension related)
252 What is the amount of the payment?
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Part 2.5D—2006 one-off payment to carers eligible for carer payment
253 2006 one-off payment to carers (carer payment related)
254 Amount of the one-off payment
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Part 2.5E—2006 one-off payment to carers eligible for wife pension
255 2006 one-off payment to carers (wife pension related)
256 Amount of the one-off payment
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Part 2.5F—2006 one-off payment to carers eligible for partner service pension
257 2006 one-off payment to carers (partner service pension related)
258 Amount of the one-off payment
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Part 2.5G—2006 one-off payment to carers eligible for carer service pension
259 2006 one-off payment to carers (carer service pension related)
260 Amount of the one-off payment
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Part 2.7—Bereavement allowance
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Division 1—Qualification for and payability of bereavement allowance
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Subdivision A—Qualification
315 Qualification for bereavement allowance
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Subdivision B—Payability
316 Bereavement allowance not payable if allowance rate nil
321 Multiple entitlement exclusion
321A Exclusion of certain participants in ABSTUDY Scheme
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Division 4—Rate of bereavement allowance
329 How to work out a person’s bereavement allowance rate
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Division 9—Bereavement payments
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Subdivision B—Death of recipient
359 Death of recipient
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Part 2.8—Widow B pension
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Division 1—Qualification for and payability of widow B pension
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Subdivision A—Qualification
362A Widow B pension not to be granted in certain cases
362 Qualification for widow B pension
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Subdivision B—Payability
364 Widow B pension not payable if pension rate nil
368 Multiple entitlement exclusion
368A Exclusion of certain participants in ABSTUDY Scheme
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Division 4—Rate of widow B pension
376 How to work out the rate of widow B pension
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Division 9—Bereavement payments
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Subdivision B—Death of recipient
407 Death of recipient
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Part 2.8A—Widow allowance
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Division 1—Time limit on grants of widow allowance
408AA Time limit on grants
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Division 2—Qualification for and payability of widow allowance
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Subdivision A—Qualification
408BA Qualification for widow allowance
408BB Assurance of support
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Subdivision B—Payability
408CA Widow allowance not payable if allowance rate nil
408CE Assets test—allowance not payable if assets value limit exceeded [see Appendix for CPI adjusted figures]
408CF Multiple entitlement exclusion
408CG Maximum basic rate and remote area allowance not payable to CDEP Scheme participant
408CH Seasonal workers
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Division 5—Rate of widow allowance
408FA How to work out a woman’s widow allowance rate
408GI CDEP Scheme participant may accumulate widow allowance
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Part 2.10—Parenting payment
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Division 1—Qualification for and payability of parenting payment
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Subdivision A—Qualification
500 Qualification for parenting payment
500B Qualification affecting member of couple—assurance of support
500C Qualification affecting member of couple—unemployment due to industrial action
500D PP child
500E Child to be PP child for only one person
500F PP child—child absent from Australia for more than 13 weeks
500G PP child—child born outside Australia
500H PP child—child subsequently departs Australia
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Subdivision B—General principles relating to payability
500I Parenting payment not payable if payment rate nil
500Q Assets test—payment not payable if assets value limit exceeded [see Appendix for CPI adjusted figures]
500R Parenting payment not payable to more than one member of a couple
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
500Y Non-payment periods and rate reduction periods for newstart allowance, youth allowance and austudy payment—person member of a couple
500Z Seasonal workers—preclusion period
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Subdivision C—Payability in circumstances of participation agreement breach
500ZA Third and subsequent participation agreement breach consequences
500ZB Participation agreement breaches
500ZC Length of participation agreement breach non-payment period
500ZD Start of participation agreement breach non-payment period
500ZE Interaction with participation agreement breach rate reduction periods
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Division 2—Parenting Payment Participation Agreements
501 General requirements relating to participation agreements
501A Parenting payment participation agreements—requirement
501B Participation agreement—nature and terms
501C Participation agreements—failure to negotiate
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Division 4—Rate of parenting payment
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Subdivision A—Rate of parenting payment
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
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Subdivision B—Rate reductions relating to participation agreement breaches
503B Participation agreement breach rate reduction period
503C Length of participation agreement breach rate reduction period
503D Start of participation agreement breach rate reduction period
503E Rate of parenting payment where participation agreement breach rate reduction period applies
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Subdivision C—Accumulation of parenting payments by CDEP Scheme participants
504N CDEP Scheme participant may accumulate parenting payment
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Division 9—Bereavement payments
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Subdivision A—Continuation of parenting payment after death of child
512 Death of PP child—continuation of qualification for 14 weeks
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Subdivision B—Death of recipient
513 Death of recipient—recipient not member of a couple
513A Death of recipient—recipient member of a couple
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Subdivision C—Death of partner
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
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Subdivision D—Bereavement payment in respect of a person who was a CDEP Scheme participant
514FA Calculation of bereavement payment in respect of former CDEP Scheme participant
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Part 2.11—Youth allowance
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Division 1—Qualification for youth allowance
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Subdivision A—Basic qualifications
540 Qualification for youth allowance—general rule
540A Qualification for youth allowance—claimants for disability support pension
540AA Qualification for youth allowance—new apprentices
540B Qualification for youth allowance—transferee from social security pension
540C Qualification for youth allowance may continue to end of payment period
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Subdivision B—Activity test
541 Activity test
541A Failure to satisfy the activity test
541B Undertaking full-time study
541C Requiring a person to apply for job vacancies
541D Unsuitable paid work
541E Provisions relating to participation in an approved program of work for income support payment
541F What are reasonable steps
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Subdivision C—Exemptions from the activity test
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
542C Time limit for temporary incapacity exemptions
542D Pre-natal and post-natal exemptions
542E Remote area exemption
542F Unpaid voluntary work exemption
542G Training camp exemption
542H Special circumstances exemption
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Subdivision D—Youth allowance age
543 Youth allowance age
543A Minimum age for youth allowance [see Note 6]
543B Maximum age for youth allowance
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Subdivision E—Youth Allowance Activity Agreements
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—failure to negotiate
544D Youth Allowance Activity Agreements—self-employment
544E Youth Allowance Activity Agreements—group enterprises and co-operative enterprises
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Subdivision G—Miscellaneous
546 Prospective determinations for some allowance recipients
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Division 2—Situations in which youth allowance is not payable
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Subdivision A—Situations in which allowance not payable (general)
547 Youth allowance not payable if allowance rate nil
547AA Youth allowance not payable if person fails to attend interview etc. in certain circumstances
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Subdivision AB—Assets test
547A Allowance not payable if assets value limit exceeded
547B Who is excluded from application of assets test?
547C Assets value limit [see Appendix for CPI adjusted figures]
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 farm assets
547G How business assets are treated
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Subdivision C—Waiting periods
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 [see Note 4]
549F Effect of being subject to 2 waiting periods
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Subdivision D—Activity test non-payment periods
550 Third and subsequent activity test breaches: consequences
550A Activity test breaches
550B Length of activity test non-payment period
550C Start of activity test non-payment period
550D Application of activity test non-payment period before claims for youth allowance
550E Interaction with activity test breach rate reduction periods
550F Interaction with waiting periods
550G Effect of sections 550C, 550D, 550E and 550F
550H Where one event may give rise to both an activity test penalty and an administrative breach rate reduction period
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Subdivision F—Multiple entitlement exclusions
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
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Subdivision G—Employment-related exclusions
553 Employment-related exclusions
553A Unemployment due to industrial action
553B Move to area of lower employment prospects
553C Seasonal workers
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Division 5—Rate of youth allowance
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Subdivision A—Rate of youth allowance
556 How to work out a person’s youth allowance rate
556A Approved program of work supplement
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Subdivision B—Activity test breach reductions in the rate of youth allowance
557 Activity test breach rate reduction period
557A Length of activity test breach rate reduction period
557B Start of activity test breach rate reduction period
557C Application of activity test breach rate reduction period before claim for youth allowance
557D Interaction with waiting periods
557E Rate of youth allowance where activity test breach rate reduction period applies
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Subdivision C—Administrative breach reductions in the rate of youth allowance
558 Administrative breach rate reduction period
558A Length of administrative breach rate reduction period
558B Start of administrative breach rate reduction period
558C Interaction with activity test non-payment periods
558D Interaction with activity test breach rate reduction periods
558E Interaction with waiting periods
558F Effect of sections 558C, 558D and 558E
558G Rate of youth allowance where administrative breach rate reduction applies
559J CDEP Scheme participant may accumulate youth allowance
Subdivision EA–sections 565F, 565G [see Note 6]
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Division 10—Bereavement payments on death of partner
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
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Volume 3
Chapter 2—Pensions, benefits and allowances
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Part 2.11A—Austudy payment
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Division 1—Qualification for austudy payment
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Subdivision A—Basic qualifications
568 Qualification for austudy payment—general rule
568AA Qualification for austudy payment—new apprentices
568A Qualification for austudy payment—transferee from social security pension
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Subdivision B—Activity test
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
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Subdivision C—Austudy age
570 Austudy age
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Division 2—Situations in which austudy payment is not payable
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Subdivision A—Situation in which austudy payment not payable (general)
572 Austudy payment not payable if payment rate nil
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Subdivision B—Assets test
573 Austudy payment not payable if assets value limit exceeded
573A Who is excluded from application of assets test
573B Assets value limit [see Appendix for CPI adjusted figures]
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 farm assets
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Subdivision D—Waiting periods
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
575F Effect of being subject to 2 waiting periods
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Subdivision E—Activity test non-payment periods
576 Third and subsequent activity test breaches: consequences
576A Activity test breaches
576B Length of activity test non-payment period
576C Start of activity test non-payment period
576D Interaction with activity test breach rate reduction periods
576E Interaction with waiting periods
576F Effect of sections 576C, 576D and 576E
576G Where one event may give rise to both an activity test penalty and an administrative breach rate reduction period
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Subdivision G—Multiple entitlement exclusions
578 Multiple entitlement exclusions
578A Person receiving payment under certain schemes
578B Assurance of support
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Division 5—Rate of austudy payment
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Subdivision A—Rate of austudy payment
581 How to work out a person’s austudy payment rate
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Subdivision B—Activity test breach reductions in the rate of austudy payment
582 Activity test breach rate reduction period
582A Length of activity test breach rate reduction period
582B Start of activity test breach rate reduction period
582C Interaction with waiting periods
582D Rate of austudy payment where activity test breach rate reduction period applies
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Subdivision C—Administrative breach reductions in the rate of austudy payment
583 Administrative breach rate reduction period
583A Length of administrative breach rate reduction period
583B Start of administrative breach rate reduction period
583C Interaction with activity test non-payment periods
583D Interaction with activity test breach rate reduction periods
583E Interaction with waiting periods
583F Effect of sections 583C, 583D and 583E
583G Rate of austudy payment where administrative breach rate reduction applies
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Division 10—Bereavement payments on death of partner
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
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Part 2.12—Newstart allowance
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Division 1—Qualification for and payability of newstart allowance
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Subdivision A—Basic qualifications
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
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Subdivision B—Activity test
601 Activity test
601A Certain actions deemed to be failure to satisfy activity test
602 Relief from activity test—certain people over 50 in employment
602A Relief from activity test—persons to whom subsection 614(6) applies
603 Relief from activity test—general
603A Relief from activity test—special circumstances
603AAA Pre-natal and post-natal relief from activity test
603AA Relief from activity test—people engaged in voluntary work
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Subdivision BA—Exemption from activity test—people temporarily incapacitated for work
603BA Subdivision not to apply to a person with a pending claim for disability support pension
603B Interpretation
603C Incapacitated person not required to satisfy activity test
603F Time limit for exemption from requirement to satisfy activity test
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Subdivision C—Newstart Activity Agreements
604 Newstart Activity Agreements
605 Newstart Activity Agreements—requirement
606 Newstart Activity Agreements—terms
607 Newstart Activity Agreements—failure to negotiate
607A Newstart Activity Agreements—self-employment
607B Newstart Activity Agreements—group enterprises and co-operative enterprises
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Subdivision D—Situations where allowance not payable (general)
608 Newstart allowance not payable if allowance rate nil
611 Assets test—allowance not payable if assets value limit exceeded [see Appendix for CPI adjusted figures]
612 Value of assets of members of couples
613 Full-time students
614 Multiple entitlement exclusion
614A Maximum basic rate and remote area allowance not payable to CDEP Scheme participant
615 Newstart allowance not payable if person fails to attend interview etc. in certain circumstances
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Subdivision E—Situations where allowance not payable (waiting periods)
620 Ordinary waiting period
621 Duration of ordinary waiting period
623A Newly arrived resident’s waiting period
623B Duration of newly arrived resident’s waiting period
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Subdivision F—Activity test breaches
624 Activity test penalties for failure to satisfy activity test
625 Activity test penalties for failure to enter Newstart Activity Agreement
626 Activity test penalties for failure to comply with Newstart Activity Agreement
628 Unemployment due to voluntary act
629 Unemployment due to misconduct
630 Refusal of job offer
630AA Failure to provide information etc.
630A Activity test non-payment periods
630B Commencement of activity test non-payment periods
630BA Application of activity test non-payment periods before claims for newstart allowance
630BBA Activity test non-payment periods—interaction with activity test breach rate reduction periods
630BB Activity test non-payment periods—interaction with waiting periods
630BC Effect of sections 630B, 630BA, 630BB
630BD Where one event may give rise to both an activity test penalty and an administrative breach rate reduction period
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Subdivision G—Situations where allowance not payable (administrative breaches)
631 Administrative breach rate reduction period to apply to persons who fail to comply with notification requirements
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Subdivision GA—Participation in an approved program of work for income support payment
631A Definitions
631B Penalty periods cease to apply on start of participation in approved program of work for income support payment
631C Participation in an approved program of work for income support payment does not give rise to employment under certain industrial relations legislation
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Subdivision GB—Participation in a CDEP project
631D Definitions
631E Penalty periods cease to apply when person becomes CDEP Scheme participant
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Subdivision H—Other situations where allowance not payable
633 Seasonal workers
634 Move to area of lower employment prospects
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Division 4—Rate of newstart allowance
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Subdivision A—Rate of newstart allowance
643 How to work out a person’s newstart allowance rate
644AAA Approved program of work supplement
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Subdivision AA—Activity test breach rate reductions
644AA Activity test breach rate reduction periods
644AB Commencement of activity test breach rate reduction periods
644AC Application of activity test breach rate reduction periods before claims for newstart
644AD Activity test breach rate reduction periods—interaction with waiting periods
644AE Rate of newstart allowance where activity test breach rate reduction period applies
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Subdivision B—Administrative breach reductions in the rate of newstart allowance
644B Administrative breach rate reduction periods
644C Commencement of administrative breach rate reduction periods
644D Administrative breach rate reduction periods—interaction with activity test non-payment periods
644E Administrative breach rate reduction periods—interaction with activity test breach rate reduction periods
644EA Administrative breach rate reduction periods—interaction with waiting periods
644F Effect of sections 644D and 644E
644G Administrative breach rate reduction period not to apply in certain circumstances
644H Rate of newstart allowance where administrative breach rate reduction applies
653A CDEP Scheme participant may accumulate newstart allowance
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Division 9—Bereavement payments
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Subdivision AA—Death of partner
660LA Qualification for payments under this Subdivision
660LB Continued payment of partner’s pension or benefit
660LC Lump sum payable in some circumstances
660LD Adjustment of a person’s newstart allowance rate
660LE Effect of death of person entitled to payments under this Subdivision
660LF Matters affecting payments under this Subdivision
660LG Calculation of bereavement payment in respect of former CDEP Scheme participant
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Volume 4
Chapter 2—Pensions, benefits and allowances
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Part 2.12A—Mature age (pre-1 July 1996) allowances
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Division 1—Application of Part
660XAA Structure of Part
660XAB Time limits on claims of mature age allowance and grant of mature age partner allowance
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Division 2—Qualification for mature age allowance and mature age partner allowance
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Subdivision A—Qualification for mature age allowance
660XBA Qualification for mature age allowance
660XBB Assurance of support
660XBC Person may be treated as unemployed
660XBE Unemployment due to industrial action
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Subdivision B—Qualification for mature age partner allowance
660XBI Qualification for mature age partner allowance
660XBJ Assurance of support
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Division 3—Payability of mature age allowance and mature age partner allowance
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Subdivision A—Payability of mature age allowance
660XCA Mature age allowance not payable if allowance rate nil
660XCF Multiple entitlement exclusion
660XCG Educational and other schemes exclusion
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Subdivision B—Payability of mature age partner allowance
660XCI Mature age partner allowance not payable if allowance rate nil
660XCN Multiple entitlement exclusion
660XCO Educational schemes exclusion
660XCP Commonwealth funded employment program exclusion
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Division 6—Rate of mature age allowance and mature age partner allowance
660XFA How to work out a person’s mature age allowance or mature age partner allowance
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Division 11—Bereavement payments
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Subdivision A—Person receiving mature age allowance (death of partner)
660XKA Qualification for payments under this Subdivision
660XKB Continued payment of partner’s pension
660XKC Lump sum payable in some circumstances
660XKD Adjustment of person’s mature age allowance rate
660XKE Effect of death of person entitled to payments under this Subdivision
660XKF Matters affecting payment of benefits under this Subdivision
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Subdivision B—Death of person receiving mature age allowance
660XKG Death of recipient
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Subdivision C—Continuation of mature age partner allowance where partner dies
660XKH Continuation of mature age partner allowance for bereavement period
660XKI Continued mature age partner allowance rate
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Subdivision D—Person receiving mature age partner allowance (death of partner)
660XKJ Qualification for payments under this Subdivision
660XKK Continued payment of partner’s allowance
660XKL Lump sum payable in some circumstances
660XKM Effect of death of person entitled to payments under this Subdivision
660XKN Matters affecting payment of benefits under this Subdivision
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Part 2.12B—Mature age (post-30 June 1996) allowance
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Division 1—Application of Part
660YAA Application of Part
660YAB Time limits on claims for mature age allowance
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Division 2—Qualification for mature age allowance
660YBA Qualification for mature age allowance
660YBB Assurance of support
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Division 3—Payability of mature age allowance
660YCA Mature age allowance not payable if allowance rate nil
660YCF Multiple entitlement exclusion
660YCFA Newly arrived resident’s waiting period
660YCFB Duration of newly arrived resident’s waiting period
660YCG Educational and other schemes exclusion
660YCH Maximum basic rate and remote area allowance not payable to CDEP Scheme participant
660YCI Exclusion for non-payment period for job search allowance, newstart allowance or partner allowance
660YCJ Allowance not payable if assets value limit exceeded [see Appendix for CPI adjusted figures]
660YCK Value of assets of members of couples
660YCL Seasonal workers
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Division 6—Rate of mature age allowance
660YFA How to work out a person’s mature age allowance
660YGI CDEP Scheme participant may accumulate mature age allowance
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Division 11—Bereavement payments
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Subdivision A—Preliminary
660YKA Surviving partner and deceased partner
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Subdivision B—Continuation of mature age allowance following death of recipient’s partner
660YKB Continuation of mature age allowance for bereavement period
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Subdivision C—Bereavement payments for person receiving mature age allowance following death of the person’s partner
660YKC Qualification for payments under this Subdivision
660YKD Continued payment of deceased partner’s previous entitlement
660YKE Lump sum payable in some circumstances
660YKF Effect of death of surviving partner
660YKG Matters affecting payments under this Subdivision
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Subdivision D—Bereavement payment in respect of former CDEP Scheme participant
660YKH Calculation of bereavement payment in respect of former CDEP Scheme participant
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Part 2.13—Employment entry payment
661 Job search allowees over 18 or newstart allowees
662 Amount of section 661 payment
664AAA Widow allowance recipients
664AAB Amount of section 664AAA payment
664AA Mature age allowance and mature age partner allowance recipients
664AB Amount of section 664AA payment
664A Sole parent pension recipients
664B Amount of section 664A payment
664C Disability support pension recipients
664D Amount of section 664C payment
664E Widow B pension recipients
664F Amount of section 664E payment
664G Special benefit recipients
664H Amount of section 664G payment
664HA Carer pension recipients
664HB Amount of section 664HA payment
664I Partner allowance recipients
664J Amount of section 664I payment
665 Need for a claim
665AA Existence of working credit does not prevent payments under this Part
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Part 2.13A—Education entry payment
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Division 1—Recipients of pension PP (single)
665A Payment to recipient of pension PP (single)
665B Amount of section 665A payment
665C Need for claim
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Division 2—Recipients of disability support pension or disability wage supplement
665E Payment to a disability support pensioner
665F Amount of section 665E payment
665G Need for claim
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Division 3—Widow B pension recipients
665I Payment to a widow B pensioner
665J Amount of section 665I payment
665K Need for claim
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Division 4—Special benefit recipients
665M Payment to a special benefit recipient
665N Amount of section 665M payment
665P Need for claim
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Division 6—Newstart allowance recipients
665U Payment to recipient
665V Amount of section 665U payment
665W Need for claim
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Division 7—Mature age allowance recipient
665Y Payment to a mature age allowance recipient
665Z Amount of section 665Y payment
665ZA Need for claim
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Division 8—Widow allowance recipients
665ZC Payment to a widow allowance recipient
665ZD Amount of section 665ZC payment
665ZE Need for claim
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Division 8A—Carer payment recipients
665ZFA Payment to a carer payment recipient
665ZFB Amount of section 665ZFA payment
665ZFC Need for claim
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Division 9—Mature age partner allowance
665ZG Payment to a mature age partner allowance recipient
665ZH Amount of section 665ZG payment
665ZJ Need for claim
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Division 10—Wife pension recipients
665ZL Payment to a wife pensioner
665ZM Amount of section 665ZL payment
665ZN Need for claim
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Division 11—Partner allowance recipients
665ZQ Payment to a partner allowance recipient
665ZR Amount of section 665ZQ payment
665ZS Need for claim
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Division 12—Recipients of PP (partnered)
665ZU Payment to recipient of PP (partnered)
665ZV Amount of section 665ZU payment
665ZW Need for claim
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Division 13—Protection of education entry payment
665ZY Education entry payment to be absolutely inalienable
665ZZ Effect of garnishee or attachment order
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Part 2.14—Sickness allowance
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Division 1—Qualification for and payability of sickness allowance
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Subdivision A—Basic qualification
666 Qualification for sickness allowance
667 Person undertaking rehabilitation program may qualify for sickness allowance
669 Time limit on qualification for sickness allowance
676 Liquid assets test waiting period
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Subdivision B—Situations where allowance not payable (general)
677 Sickness allowance not payable if allowance rate nil
680 Assets test—allowance not payable if assets value limit exceeded [see Appendix for CPI adjusted figures]
681 Value of assets of members of couples
685 Full-time students
686 Multiple entitlement exclusion
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Subdivision C—Situations where allowance not payable (waiting periods)
693 Ordinary waiting period
694 Duration of ordinary waiting period
696B Newly arrived resident’s waiting period
696C Duration of newly arrived resident’s waiting period
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Division 4—Rate of sickness allowance
709 How to work out a person’s sickness allowance rate
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Division 9—Bereavement payments
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Subdivision AA—Death of partner
728PA Qualification for payments under this Subdivision
728PB Continued payment of partner’s pension or benefit
728PC Lump sum payable in some circumstances
728PD Adjustment of a person’s sickness allowance rate
728PE Effect of death of person entitled to payments under this Subdivision
728PF Matters affecting payments under this Subdivision
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Part 2.15—Special benefit
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Division 1—Qualification for and payability of special benefit
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Subdivision A—Qualification
729 Qualification for special benefit
729A Time limit on qualification for certain recipients of special benefit
729AA Effect of industrial action on qualification conditions of certain claimants for special benefit
729B Certain recipients of special benefit cease to be qualified for special benefit after 52 weeks
729C Consequence of subsection 729B(2) determination
730 Determination of period
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Subdivision AA—Activity test for certain nominated visa holders
731 Application of Subdivision
731A Activity test
731B Meaning of unsuitable work for the purposes of the activity test
731C Certain actions taken to constitute failure to satisfy activity test
731D Persons in certain areas can be taken to comply with activity test
731E Relief from activity test—special circumstances
731F Relief from activity test—pre-natal and post-natal
731G Relief from activity test—people engaged in voluntary work
731H Relief from activity test—dependent child
731J Relief from activity test—carers
731JA Relief from activity test—grant of temporary protection, humanitarian or safe haven visa
731K Temporarily incapacitated person not required to satisfy activity test
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Subdivision AB—Special Benefit Activity Agreements for persons who are nominated visa holders
731L Special Benefit Activity Agreements—requirement to enter
731M Special Benefit Activity Agreements—terms
731N Special Benefit Activity Agreements—failure to negotiate
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Subdivision B—Payability
732 Special benefit not payable if benefit rate nil
733 Assets test—benefit not payable if assets value limit exceeded [see Appendix for CPI adjusted figures]
734 Value of assets of members of couples
735 Multiple entitlement exclusion
736 Secretary may require certain persons to attend courses or undertake work
737 Full-time students
738 Payments under certain education schemes
739 SPB homeless person
739A Newly arrived resident’s waiting period
739B Secretary to act in accordance with guidelines
739C Guidelines for exercise of Secretary’s powers under subsection 739A(7)
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Subdivision C—Activity test breaches
740 Activity test penalties for failure to satisfy activity test
741 Activity test penalties for failure to enter Special Benefit Activity Agreement
742 Activity test penalties for failure to comply with Special Benefit Activity Agreement
743 Unemployment due to voluntary act
744 Unemployment due to misconduct
745 Refusal of job offer
745A Failure to provide information etc.
745B Activity test non-payment periods
745C Commencement of activity test non-payment periods
745D Application of activity test non-payment periods before claims for special benefit
745E Activity test non-payment periods—interaction with activity test breach rate reduction periods
745F Effect of sections 745C and 745D
745G Where one event may give rise to both an activity test penalty period and an administrative breach rate reduction period
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Subdivision D—Situations where special benefit not payable to persons who are nominated visa holders (administrative breaches)
745H Administrative breach rate reduction period to apply to certain persons who fail to comply with notification requirements
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Subdivision E—Participation by persons who are nominated visa holders in an approved program of work for income support payment
745J Definitions
745K Penalty periods cease to apply on start of participation in approved program of work for income support payment
745L Participation in an approved program of work for income support payment does not give rise to employment under certain industrial relations legislation
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Subdivision F—Other situations where special benefit not payable to persons who are nominated visa holders
745M Seasonal workers
745N Move to area of lower employment prospects
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Division 4—Rate of special benefit
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Subdivision A—Basic determination of special benefit
746 Rate of special benefit
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Subdivision B—Approved program of work supplement
747 Approved program of work supplement for persons who are nominated visa holders
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Subdivision C—Activity test breach reductions in the rate of special benefit for persons who are nominated visa holders
748 Activity test breach rate reduction periods in respect of persons who are nominated visa holders
749 Commencement of activity test breach rate reduction periods in respect of persons who are nominated visa holders
750 Application of activity test breach rate reduction periods before claims for special benefit
751 Rate of special benefit where activity test breach rate reduction period applies
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Subdivision D—Administrative breach reductions in the rate of special benefit for persons who are nominated visa holders
752 Administrative breach rate reduction periods in respect of persons who are nominated visa holders
753 Commencement of administrative breach rate reduction periods in respect of persons who are nominated visa holders
754 Administrative breach rate reduction periods—interaction with activity test non-payment periods
755 Administrative breach rate reduction periods—interaction with activity test breach rate reduction periods
756 Effect of sections 754 and 755
757 Administrative breach rate reduction period not to apply in certain circumstances
758 Rate of special benefit where administrative breach rate reduction applies
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Subdivision E—Effect of industrial action on rate of special benefit payable to persons who are nominated visa holders
759 Effect of industrial action on rate of special benefit payable to persons who are nominated visa holders
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Division 9—Bereavement payments
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Subdivision AA—Death of partner
768A Qualification for payments under this Subdivision
768B Continued payment of partner’s pension or benefit
768C Lump sum payable in some circumstances
768D Adjustment of a person’s special benefit rate
768E Effect of death of person entitled to payments under this Subdivision
768F Matters affecting payments under this Subdivision
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Part 2.15A—Partner allowance
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Division 1A—Application of Part
771 Time limits on claims for partner allowance
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Division 1—Qualification for and payability of partner allowance
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Subdivision A—Qualification for partner allowance
771HA Qualification for partner allowance
771HB Unemployment due to industrial action
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Subdivision B—Payability of partner allowance
771HC Partner allowance not payable if allowance rate nil
771HF Assets test—allowance not payable if assets value limit exceeded [see Appendix for CPI adjusted figures]
771HI Multiple entitlement exclusion
771HJ Educational schemes exclusion
771HK Maximum basic rate and remote area allowance not payable to CDEP Scheme participant
771HNA Newly arrived resident’s waiting period
771HNB Duration of newly arrived resident’s waiting period
771HNC Seasonal workers
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Division 4—Rate of partner allowance
771KA Rate of partner allowance if partner is not receiving special benefit
771KE Rate of partner allowance if partner receiving special benefit
771KN CDEP Scheme participant may accumulate partner allowance
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Division 9—Bereavement payments
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Subdivision A—Surviving partner and deceased partner defined
771NT Surviving partner and deceased partner
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Subdivision B—Person to continue to receive partner allowance where person’s partner dies
771NU Continuation of partner allowance for bereavement period
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Subdivision C—Bereavement payments for person receiving partner allowance following death of the person’s partner
771NV Qualification for payments under this Subdivision
771NW Continued payment of deceased partner’s benefit
771NX Lump sum payable in some circumstances
771NY Effect of death of surviving partner
771NZ Matters affecting payments under this Subdivision
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Subdivision D—Bereavement payment in respect of former CDEP Scheme participant
771NZAA Calculation of bereavement payment in respect of former CDEP Scheme participant
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Part 2.16—Special needs pensions
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Division 1A—Time limit on grant of special needs wife pension
771P Special needs wife pension not to be granted after 30 June 1995
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Division 1B—Time limit on grant of other special needs pensions
771PA Special needs pensions not to be granted after 20 September 2000
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Division 1—Qualifications for and payability of special needs pensions
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Subdivision A—Qualification
772 Qualification for special needs age pension
773 Qualification for special needs disability support pension
774 Qualification for special needs wife pension
778A Special needs widow B pension not to be granted in certain cases
778 Qualification for special needs widow B pension
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Subdivision B—Payability
779 Special needs pension not payable if pension rate nil
783 Second special needs pension generally not payable after cancellation of initial pension
787 Multiple entitlement exclusion
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Division 5—Rate of special needs pension
796 How to work out a person’s special needs pension rate
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Special Needs Proportional Rate Calculator
Module A—Overall rate calculation process
Module B—Australian working life residence
Module C—Residence factor
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Division 10—Bereavement payments
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Subdivision A—Death of partner
822 Qualification for payments under this Subdivision
823 Continued payment of partner’s pension or allowance
824 Lump sum payable in some circumstances
825 Adjustment of rate of person’s special needs pension
826 Effect of death of person entitled to payments under this Subdivision
827 Matters affecting payment of benefits under this Subdivision
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Subdivision C—Death of recipient
830 Death of recipient
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Part 2.19—Carer allowance
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Division 1—Interpretation
952 Carer allowance definitions
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Division 2—Qualification for and payability of carer allowance
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Subdivision A—Qualification
953 Qualification for carer allowance—caring for either 1 or 2 disabled children
954 Qualification for carer allowance—caring for a disabled adult in a private home of both the adult and the carer
954A Qualification for carer allowance—caring for a disabled adult in a private home not shared by the adult and carer
955 Qualification for carer allowance—hospitalisation
956 Absence from Australia
957 Effect of cessation of care etc. on carer allowance
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Subdivision B—Limitations on payability
958 Carer allowance not payable if allowance rate nil
964 Carer allowance not payable to 2 people for the same care receiver or care receivers unless declaration made
965 Carer allowance not payable to more than one member of a couple
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Division 5—Rate of carer allowance
974 Rate of carer allowance
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Division 6—Multiple qualification for carer allowance for same care receiver or receivers
981 Secretary may make declaration where 2 people are qualified for carer allowance for the same care receiver or care receivers
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Division 10—Bereavement payments (death of disabled child)
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Subdivision A—Death of disabled child
992J Continued carer allowance during bereavement rate continuation period where disabled child dies
992K Lump sum payable in some circumstances
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Subdivision B—Death of disabled child (special short-term assistance)
992L Continuation of qualification for carer allowance for 4 weeks in some cases where recipient’s disabled child dies
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Subdivision C—Death of recipient
992M Death of recipient
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Part 2.19A—One-off payment to people eligible for carer allowance
992N One-off payment to carers (carer allowance related)
992O In respect of what care receivers is the payment payable?
992P What is the amount of the payment?
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Part 2.19B—2005 one-off payment to people eligible for carer allowance
992Q 2005 one-off payment to carers (carer allowance related)
992R In respect of what care receivers is the payment payable?
992S What is the amount of the payment?
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Part 2.19C—2006 one-off payment to people eligible for carer allowance
992T 2006 one-off payment to carers (carer allowance related)
992U In respect of which care receivers is the payment payable?
992V Amount of the one-off payment
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Part 2.20—Double orphan pension
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Division 1—DOP child status
993 Double orphan—not refugee
994 Double orphan—refugee
995 Refugee child
996 Long-term prisoner
997 Patient on a long-term basis
998 Person uncontactable
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Division 2—Qualification for and payability of double orphan pension
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Subdivision A—Qualification
999 Qualification for double orphan pension
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Subdivision B—Payability
1003 Double orphan pension not payable for child receiving a pension under the Veterans’ Entitlements Act
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Division 5—Rate of double orphan pension
1010 Rate of double orphan pension
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Division 10—Bereavement payments (death of DOP child)
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Subdivision A—Death of DOP child (General)
1033 Continued double orphan pension during bereavement rate continuation period where DOP child dies
1034 Lump sum payable in some circumstances
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Subdivision AA—Death of dependent child (special short-term assistance)
1034AA Continuation of qualification for double orphan pension for 4 weeks in some cases where recipient’s DOP child dies
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Subdivision B—Death of recipient
1034A Death of recipient
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Part 2.21—Mobility allowance
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Division 1—Qualification for and payability of mobility allowance
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Subdivision A—Qualification
1035 Qualification for mobility allowance
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Subdivision B—Payability
1037 Mobility allowance not payable where person receiving motor vehicle assistance
1039AA Newly arrived resident’s waiting period
1039AB Duration of newly arrived resident’s waiting period
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Division 2—Rate of mobility allowance
1044 Rate of mobility allowance [see Appendix for CPI adjusted figures]
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Division 3—Mobility allowance advance
1045 Qualification for mobility advance
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Division 4—Continuation
1046 Continuation of mobility allowance when person ceases to be qualified
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Part 2.21A—Language, literacy and numeracy supplement
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Division 1—Preliminary
1047 Definition
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Division 2—Qualification for language, literacy and numeracy supplement
1048 General statement of qualification
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Division 3—Circumstances where language, literacy and numeracy supplement not payable
1049 Language, literacy and numeracy supplement not payable in certain circumstances
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Division 4—Rate increase relating to language, literacy and numeracy supplement
1050 Rate increase attributable to language, literacy and numeracy supplement
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Part 2.22—Advance payments of social security entitlements
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Division 1—Qualification for advance payment
1061A Qualification for advance payment
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Division 2—Applying for advance payment
1061B Application
1061C Form of application
1061D Lodgment of application
1061E Application may be withdrawn
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Division 3—Determination of application and payment of advance payment
1061EA Secretary to determine application
1061EB Payment of advance payment
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Division 4—Amount of advance payment
1061ED Amount of advance payment—social security pensions
1061EE Amount of advance payment—widow allowance, youth allowance, austudy payment, mature age allowance under Part 2.12B or newstart allowance
1061EH Minimum amount of advance payment
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Division 5—Payment of advance payment
1061EI Advance payment to be paid to person or nominee
1061EJ Payment into bank account etc.
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Division 6—Protection of advance payment
1061EK Advance payment to be absolutely inalienable
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Division 7—Repayment of advance payment
1061EL Repayment of advance payment
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Part 2.22A—Special employment advances
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Division 1—Qualification for special employment advance
1061EM Qualification for special employment advance
1061EN Meaning of in severe financial hardship
1061EO Person not qualified in certain circumstances
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Division 4—Amount of special employment advance
1061EW Where claim based on effect of unreceived income on special employment advance qualifying entitlement
1061EX Where claim based on claimant’s need for financial assistance to take up offered employment
1061EY Reduction of special employment advance by amount of any employment entry payment
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Division 7—Repayment of special employment advance
1061EZC Repayment of special employment advance
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Part 2.23—Advance pharmaceutical allowance
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Division 1—Qualification for and payability of advance pharmaceutical allowance
1061F Qualification for advance pharmaceutical allowance
1061G Advance pharmaceutical allowance not payable in some circumstances
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Division 3—Amount of advance pharmaceutical allowance
1061JC Amount of advance pharmaceutical allowance
1061JD Annual limit
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Part 2.23A—Crisis payment
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Division 1—Qualification for crisis payment
1061JG Qualification—release from gaol or psychiatric confinement
1061JH Qualification—extreme circumstances forcing departure from home
1061JJ Crisis payment not payable in addition to disaster relief payment
1061JK Crisis payment not payable if assurance of support in force
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Division 2—Claim for crisis payment
1061JL Need for a claim
1061JM Form of claim
1061JN Lodgment of claim and day on which claim taken to be lodged
1061JP Claimant must be in Australia
1061JQ Claim may be withdrawn
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Division 3—Determination of claim
1061JR Secretary to determine claim
1061JS Grant of claim
1061JT Date of effect of determination
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Division 4—Amount of crisis payment
1061JU Amount of payment
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Division 5—Payment of crisis payment
1061JV Payment into bank account
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Division 6—Protection of crisis payment
1061JW Crisis payment to be absolutely inalienable
1061JX Effect of garnishee or attachment order
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Part 2.24—Disaster relief payment
1061K Qualification for disaster relief payment
1061P Amount of payment
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Part 2.24A—Pensioner education supplement
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Division 1—Qualification for pensioner education supplement
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Subdivision A—The basic rules
1061PA Qualification for pensioner education supplement
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Subdivision B—Undertaking qualifying study
1061PB Undertaking qualifying study
1061PC Approved course of education or study
1061PD Full-time students
1061PE Concessional study-load students
1061PF Normal amount of full-time study
1061PG First fortnight of classes
1061PH Progress rules—secondary students
1061PI Progress rules—tertiary students
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Subdivision C—Payments attracting pensioner education supplement
1061PJ Payments attracting pensioner education supplement
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Subdivision D—Pensioner education supplement age
1061PK Pensioner education supplement age
1061PL When a person is regarded as independent
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Subdivision E—Residency
1061PM Residency requirements
1061PN Absence of persons overseas
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Division 2—Situations in which pensioner education supplement is not payable
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Subdivision C—Newly arrived resident’s waiting period
1061PT Pensioner education supplement not payable during newly arrived resident’s waiting period
1061PU Newly arrived resident’s waiting period
1061PV Length of newly arrived resident’s waiting period
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Subdivision D—Multiple entitlement exclusion
1061PW Meaning of multiple entitlement exclusion
1061PX Multiple entitlement exclusion
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Division 5—Rate of pensioner education supplement
1061PZG Rate of pensioner education supplement
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Part 2.25—Telephone allowance
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Division 1—Qualification for and payability of telephone allowance
1061Q Qualification for telephone allowance
1061R Telephone allowance not payable in some circumstances
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Division 2—Rate of telephone allowance
1061S Rate of telephone allowance [see Appendix for CPI adjusted figures]
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Part 2.25A—Utilities allowance
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Division 1—Qualification for and payability of utilities allowance
1061T Qualification for utilities allowance
1061TA When utilities allowance is payable
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Division 2—Rate of utilities allowance
1061TB Rate of utilities allowance
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Part 2.25B—Seniors concession allowance
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Division 1—Qualification for and payability of seniors concession allowance
1061U Qualification for seniors concession allowance
1061UA When seniors concession allowance is payable
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Division 2—Rate of seniors concession allowance
1061UB Rate of seniors concession allowance
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Part 2.26—Fares allowance
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Division 1—Qualification for fares allowance
1061ZAAA Qualification for fares allowance
1061ZAAB Journey by person who is not an external student
1061ZAAC Journey by person who is an external student
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Division 3—Amount of fares allowance
1061ZAAJ Fares allowance for public transport
1061ZAAK Fares allowance for private transport
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Volume 5
Chapter 2A—Benefits and concessions other than payments
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Part 2A.1—Concession cards
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Division 1—Qualification for, and issue of, pensioner concession card
1061ZA General qualification rules
1061ZB Extended qualification rule: former recipient of mature age allowance etc.
1061ZC Extended qualification rule: long-term recipient of social security benefits
1061ZD Extended qualification rule: former recipient of disability support pension
1061ZE Extended qualification rule: former recipient of wife pension
1061ZEA Further extended qualification rule: loss of payment because of employment income
1061ZF Issue of pensioner concession card
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Division 2—Qualification for seniors health card
1061ZG Qualification rules
1061ZH Newly arrived resident’s waiting period
1061ZI Duration of newly arrived resident’s waiting period
1061ZJ Giving of copy of assessment of taxable income to Secretary
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Division 3—Qualification for health care card
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Subdivision A—Qualification for automatic issue health care card
1061ZK Qualification: general rules
1061ZL Qualification: certain disabled young persons
1061ZM Qualification for health care card: employment-affected person
1061ZMA Further extended qualification rule: loss of payment because of employment income
1061ZN Residence requirement
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Subdivision B—Qualification for health care cards for which claim required
1061ZO Qualification
1061ZP Person subject to newly arrived resident’s waiting period
1061ZQ Newly arrived resident’s waiting period
1061ZR Duration of newly arrived resident’s waiting period
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Subdivision C—Miscellaneous provisions relating to health care cards
1061ZS Issue of health care cards
1061ZT Certain dependants not qualified for health care card
Chapter 2B—Student Financial Supplement Scheme
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Part 2B.1—Establishment of scheme
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Division 1—Preliminary
1061ZW Object of this Chapter
1061ZX Outline of the scheme
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Division 2—Eligibility to obtain financial supplement
1061ZY Eligibility to obtain financial supplement
1061ZZ Category 1 student
1061ZZA Category 2 student
1061ZZAA Failure by person to comply with request to provide person’s tax file number
1061ZZAB Failure by person to comply with request to provide the tax file number of a parent of the person
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Division 3—Decision and notice about eligibility to obtain financial supplement
1061ZZAC Secretary’s decision
1061ZZAD Revocation or variation of decision after review
1061ZZAE Transitional
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Division 4—Agreements between Commonwealth and financial corporations
1061ZZAF Applications for financial supplement
1061ZZAG Agreements
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Division 5—Application for financial supplement
1061ZZAH When to apply
1061ZZAI How to apply
1061ZZAJ Changing an application
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Division 6—Amount of financial supplement
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Subdivision A—Category 1 students
1061ZZAK Maximum amount of financial supplement
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Subdivision B—Category 2 students
1061ZZAL Change in eligibility period
1061ZZAM Eligibility period (short course)
1061ZZAN Eligibility period (no short course)
1061ZZAO Maximum amount of financial supplement
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Subdivision C—Provisions applying to both category 1 students and category 2 students
1061ZZAP Minimum amount of financial supplement
1061ZZAQ Person doing more than one course
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Division 7—Trading in youth allowance, austudy payment or pensioner education supplement for financial supplement
1061ZZAR Purpose of Division
1061ZZAS Reduction of youth allowance, austudy payment or pensioner education supplement for financial supplement
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Division 8—Obtaining or increasing financial supplement by trading back youth allowance, austudy payment or pensioner education supplement
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Subdivision A—Purpose of Division
1061ZZAT Purpose of Division
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Subdivision B—When a person may repay youth allowance, austudy payment or pensioner education supplement to obtain or increase financial supplement
1061ZZAU Election to repay youth allowance, austudy payment or pensioner education supplement
1061ZZAV Timing of repayment
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Subdivision C—Repayment
1061ZZAW Effect of repayment
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Division 9—Financial supplement contracts
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Subdivision A—Making a contract for payment of financial supplement
1061ZZAX Making a contract between person and participating corporation
1061ZZAY Existing contracts
1061ZZAZ Liability for money paid under a financial supplement contract
1061ZZBA Validity of financial supplement contract
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Subdivision B—When a financial supplement contract can be cancelled
1061ZZBB Person has right to cancel financial supplement contract
1061ZZBC How to cancel financial supplement contract
1061ZZBD When to cancel financial supplement contract
1061ZZBE Payments made during cooling off period
1061ZZBF Person may waive right to cancel contract
1061ZZBG How to waive right to cancel contract
1061ZZBH When to waive right to cancel contract
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Subdivision C—Financial supplement contract exempt from certain laws and taxes
1061ZZBI Financial supplement contract exempt from certain laws and taxes
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Division 10—Payment of financial supplement
1061ZZBJ Payment by instalments
1061ZZBK Rounding off
1061ZZBL To whom instalments must be paid
1061ZZBM Payment into bank account
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Division 11—Protection of financial supplement
1061ZZBN Financial supplement to be absolutely inalienable
1061ZZBO Effect of garnishee or attachment order
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Division 12—Obligations of category 2 students
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Subdivision A—Statements about tax file numbers
1061ZZBP Secretary may request person obtaining financial supplement to give statement of person’s tax file number
1061ZZBQ Secretary may request person obtaining financial supplement to give statement of parent’s tax file number
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Subdivision B—Notice of events or changes in circumstances
1061ZZBR Secretary may give notice requiring information
1061ZZBS Event or change relevant to payment
1061ZZBT Formalities related to notice
1061ZZBU Validity of notice
1061ZZBV Period within which information to be given
1061ZZBW Refusal or failure to comply with notice
1061ZZBX Application overseas
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Subdivision C—Notice about a matter relevant to payment of financial supplement
1061ZZBY Secretary may give notice requiring statement on matter
1061ZZBZ Formalities related to notice
1061ZZCA Validity of notice
1061ZZCB Period within which statement to be given
1061ZZCC Statement must be in approved form
1061ZZCD Refusal or failure to comply with notice
1061ZZCE Application overseas
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Division 13—Early repayments of financial supplement
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Subdivision A—Calculation and notification of amount outstanding under financial supplement contract
1061ZZCF Application of Subdivision
1061ZZCG Calculation of amount outstanding under financial supplement contract before 1 June in the year after the year in which the contract was made
1061ZZCH Calculation of amount outstanding under financial supplement contract at a later time
1061ZZCI Notification of amount outstanding
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Subdivision B—Person’s rights to make repayments during contract period
1061ZZCJ Person not required to, but may, make repayments during contract period
1061ZZCK What happens if person makes an excess repayment
1061ZZCL Amount repaid not to include certain amounts
1061ZZCM How to work out discount
1061ZZCN Effect of making a repayment during contract period
1061ZZCO Rights and liabilities of participating corporation if repayment made
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Subdivision C—What happens at the end of the contract period
1061ZZCP Corporation’s rights at end of contract period
1061ZZCQ Termination notice
1061ZZCR Secretary may give notice correcting information in previous notice
1061ZZCS Person may request notice to be corrected
1061ZZCT Effect of notices and requests
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Part 2B.2—Payments of financial supplement under scheme to stop in certain circumstances
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Division 1—Payments to stop at request of recipient
1061ZZCU Person may ask for payment to stop
1061ZZCV Effect of notice
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Division 2—Payments to stop if the maximum amount of financial supplement is reduced to the amount already paid or a lesser amount
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Subdivision A—Notice that payments are to stop
1061ZZCW Secretary must give notice to person and corporation
1061ZZCX Effect of notice
1061ZZCY This Subdivision is subject to sections 1061ZZFS and 1061ZZFT
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Subdivision B—Original amount paid because person failed to notify change of circumstances
1061ZZCZ Secretary may give notice to person and corporation
1061ZZDA Effect of notice
1061ZZDB Transfer of corporation’s rights to Commonwealth
1061ZZDC Apportionment of financial supplement
1061ZZDD Liability of Commonwealth to corporation
1061ZZDE Liability of person to Commonwealth
1061ZZDF This Subdivision not to affect Subdivision A
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Subdivision C—Original amount paid because of false or misleading information
1061ZZDG Secretary may give notice to person and corporation
1061ZZDH Effect of notice
1061ZZDI Transfer of corporation’s rights to Commonwealth
1061ZZDJ Apportionment of financial supplement
1061ZZDK Liability of Commonwealth to corporation
1061ZZDL Liability of person to Commonwealth
1061ZZDM This Subdivision not to affect Subdivision A
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Division 3—Payments to stop if person ceases to be eligible to obtain financial supplement
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Subdivision A—Notice that payments are to stop
1061ZZDN Secretary must give notice to person and corporation
1061ZZDO Effect of notice
1061ZZDP This Subdivision is subject to sections 1061ZZFS and 1061ZZFT
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Subdivision B—Financial supplement paid because person failed to notify change of circumstances
1061ZZDQ Secretary may give notice to person and corporation
1061ZZDR Effect of notice
1061ZZDS Transfer of corporation’s rights to Commonwealth
1061ZZDT Apportionment of financial supplement
1061ZZDU Liability of Commonwealth to corporation
1061ZZDV Liability of person to Commonwealth
1061ZZDW This Subdivision not to affect Subdivision A
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Division 4—Payments to stop if person is found never to have been eligible to obtain financial supplement
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Subdivision A—Notice that payments are to stop
1061ZZDX Secretary must give notice to person and corporation
1061ZZDY Effect of notice
1061ZZDZ This Subdivision is subject to sections 1061ZZFS and 1061ZZFT
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Subdivision B—Financial supplement paid because of false or misleading information
1061ZZEA Secretary may give notice to person and corporation
1061ZZEB Effect of notice
1061ZZEC Transfer of corporation’s rights to Commonwealth
1061ZZED Liability of Commonwealth to corporation
1061ZZEE Liability of person
1061ZZEF Definitions
1061ZZEG This Subdivision not to affect Subdivision A
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Division 5—Payments to stop if person dies
1061ZZEH Secretary may give notice to corporation if other party to contract dies
1061ZZEI Effect of notice
1061ZZEJ Discharge of corporation’s liability
1061ZZEK Transfer of corporation’s rights to Commonwealth
1061ZZEL Liability of Commonwealth to corporation
1061ZZEM Discharge of person’s liability
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Part 2B.3—Repayment of financial supplement through taxation system after termination date
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Division 1—Purpose and application of Part
1061ZZEN Purpose and application of Part
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Division 2—FS debt and accumulated FS debt
1061ZZEO FS debt owed by person
1061ZZEP How to work out FS debt
1061ZZEQ Accumulated FS debt incurred by person
1061ZZER How to work out accumulated FS debt
1061ZZES Adjusted accumulated FS debt
1061ZZET Indexation factor
1061ZZEU Accumulated FS debt discharges earlier debts
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Division 3—Information to be given to Commissioner of Taxation
1061ZZEV Secretary to give notice to Commissioner of Taxation
1061ZZEW Secretary to give further notice to Commissioner of Taxation
1061ZZEX Secretary to give certificate to Commissioner of Taxation
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Division 4—Voluntary repayments of FS debts
1061ZZEY Voluntary repayments of FS debts
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Division 5—Compulsory repayments of accumulated FS debt
1061ZZEZ Person’s liability
1061ZZFA Amount of liability
1061ZZFB Meaning of relevant debt
1061ZZFC Meaning of minimum prescribed amount
1061ZZFD Meaning of intermediate prescribed amount
1061ZZFE Meaning of maximum prescribed amount
1061ZZFF Meaning of AWE
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Division 6—Application of tax legislation
1061ZZFG Application of tax legislation
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Division 7—Assessments
1061ZZFH Commissioner of Taxation may make assessment
1061ZZFI Notice of assessment may be served
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Division 8—Commissioner of Taxation may delay assessment
1061ZZFJ Commissioner of Taxation may delay assessment
1061ZZFK Commissioner of Taxation may amend assessment
1061ZZFL When Commissioner of Taxation must make decision to delay or amend assessment
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Division 9—Review of Commissioner of Taxation’s decision
1061ZZFM Application to Administrative Appeals Tribunal
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Division 10—Treatment of payments under financial supplement scheme
1061ZZFN Payments not subject to taxation
1061ZZFO Application of payments
1061ZZFP Debt discharged by death
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Part 2B.4—Miscellaneous
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Division 1—Application of the Bankruptcy Act 1966
1061ZZFQ Application of Division
1061ZZFR Treatment of debt
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Division 2—Review of decisions
1061ZZFS What happens if a decision of the Secretary is set aside
1061ZZFT What happens if a decision of the Secretary is varied
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Division 3—Transfer of rights under this Chapter
1061ZZFU Notices of transfer
1061ZZFV Transfers not subject to State or Territory taxes
Chapter 2C—Assurances of support
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Part 2C.1—Giving assurances
1061ZZGA What is an assurance of support?
1061ZZGB Who may give an assurance of support?
1061ZZGC How to give an assurance of support
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Part 2C.2—Acceptance of assurances
1061ZZGD Accepting or rejecting an assurance of support
1061ZZGE Notices relating to an assurance of support
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Part 2C.3—Effect of accepted assurances
1061ZZGF When an accepted assurance is in force
1061ZZGG Liability to pay for social security payments
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Part 2C.4—Determinations
1061ZZGH Determinations
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Part 2C.5—Assurances by unincorporated bodies
1061ZZGI Application of social security law to unincorporated bodies
Chapter 3—General provisions relating to payability and rates
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Part 3.1—Rate Calculators (General)
1062 Steps in rate calculation
1063 Standard categories of family situations
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Part 3.2—Pension Rate Calculator A
1064 Rate of age, disability support, wife pensions and carer payment and of disability wage supplement (people who are not blind)
Pension Rate Calculator A
Module A—Overall rate calculation process
Module B—Maximum basic rate [see Appendix for CPI adjusted figures]
Module BA—Pension supplement
Module C—Pharmaceutical allowance [see Appendix for CPI adjusted figures]
Module E—Ordinary income test [see Appendix for CPI adjusted figures]
Module G—Assets test [see Appendix for CPI adjusted figures]
Module H—Remote area allowance
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Part 3.3—Pension Rate Calculator B
1065 Rate of age and disability support pension and of disability wage supplement (blind people)
Pension Rate Calculator B
Module A—Overall rate calculation process
Module B—Maximum basic rate [see Appendix for CPI adjusted figures]
Module BA—Pension supplement
Module C—Pharmaceutical allowance [see Appendix for CPI adjusted figures]
Module E—Remote area allowance
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Part 3.4—Pension Rate Calculator C
1066 Rate of sole parent pension, bereavement allowance and widow B pension
Pension Rate Calculator C
Module A—Overall rate calculation process
Module B—Maximum basic rate [see Appendix for CPI adjusted figures]
Module BA—Pension supplement
Module C—Pharmaceutical allowance [see Appendix for CPI adjusted figures]
Module E—Ordinary income test [see Appendix for CPI adjusted figures]
Module G—Assets test [see Appendix for CPI adjusted figures]
Module H—Remote Area Allowance
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Part 3.4A—Pension Rate Calculator D
1066A Rate of disability support pension (people under 21 who are not blind)
Pension Rate Calculator D
Module A—Overall rate calculation process
Module B—Maximum basic rate [see Appendix for CPI adjusted figures]
Module C—Youth disability supplement [see Appendix for CPI adjusted figures]
Module D—Pharmaceutical allowance [see Appendix for CPI adjusted figures]
Module F—Ordinary income test [see Appendix for CPI adjusted figures]
Module H—Assets test [see Appendix for CPI adjusted figures]
Module I—Remote area allowance
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Part 3.4B—Pension Rate Calculator E
1066B Rate of disability support pension and of disability wage supplement (people under 21 who are blind)
Pension Rate Calculator E
Module A—Overall rate calculation process
Module B—Maximum basic rate [see Appendix for CPI adjusted figures]
Module C—Youth disability supplement [see Appendix for CPI adjusted figures]
Module D—Pharmaceutical allowance [see Appendix for CPI adjusted figures]
Module F—Remote area allowance
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Part 3.5—Youth Allowance Rate Calculator
1067 Definitions
1067A When a person is regarded as independent
1067B Accommodated independent person
1067C Member of a YA couple
1067D Person required to live away from home
1067E Person living at home
1067F Long term income support student
1067G Rate of youth allowance
Youth Allowance Rate Calculator
Module A—Overall rate calculation process [see Note 5]
Module B—Maximum basic rate [see Appendix for CPI adjusted figures]
Module C—Pharmaceutical allowance [see Appendix for CPI adjusted figures]
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Module F—Parental income test
Submodule 1—Effect of parental income on maximum payment rate
Submodule 2—Application of parental income test
Submodule 3—Appropriate tax year
Submodule 4—Combined parental income
Submodule 5—Parental income free area [see Appendix for CPI adjusted figures]
Submodule 6—Reduction for parental income
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Module G—Family actual means test
Submodule 1—Preliminary
Submodule 2—Persons to whom family actual means test applies
Submodule 3—Identification of appropriate tax year
Submodule 4—Actual means of person’s family
Submodule 5—Family actual means free area
Submodule 6—Reduction for family actual means
Module H—Income test
Module J—Student income bank
Module K—Remote area allowance
Module L—Table of pensions, benefits, allowances and compensation
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Part 3.5A—Austudy Payment Rate Calculator
1067H Definitions
1067J Person living at home
1067K Long term income support student
1067L Rate of austudy payment
Austudy Payment Rate Calculator
Module A—Overall rate calculation process
Module B—Maximum basic rate [see Appendix for CPI adjusted figures]
Module C—Pharmaceutical allowance [see Appendix for CPI adjusted figures]
Module D—Income test
Module E—Student income bank
Module F—Remote area allowance
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Volume 6
Chapter 3—General provisions relating to payability and rates
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Part 3.6—Benefit Rate Calculator B
1068 Rate of widow allowance, Newstart allowance (18 or over) sickness allowance (18 or over) partner allowance, and mature age allowance under Part 2.12B
Benefit Rate Calculator B
Module A—Overall rate calculation process [see Note 5]
Module B—Maximum basic rate [see Appendix for CPI adjusted figures]
Module D—Pharmaceutical allowance [see Appendix for CPI adjusted figures]
Module G—Income test
Module J—Remote area allowance
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Part 3.6A—Parenting Payment Rate Calculator
1068A Rate of parenting payment—pension PP (single)
Pension PP (Single) Rate Calculator
Module A—Overall rate calculation process
Module B—Maximum basic rate [see Appendix for CPI adjusted figures]
Module BA—Pension supplement
Module C—Pharmaceutical allowance [see Appendix for CPI adjusted figures]
Module E—Ordinary income test
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Module F—Remote area allowance
1068B Rate of parenting payment—PP (partnered)
Benefit PP (Partnered) Rate Calculator
Module A—Overall rate calculation process
Module C—Maximum basic rate [see Appendix for CPI adjusted figures]
Module D—Income test
Module E—Pharmaceutical allowance [see Appendix for CPI adjusted figures]
Module G—Remote area allowance
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Part 3.7—Rent assistance
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Division 1—Operation of this Part
1070 When this Part applies
1070A Effect of this Part
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Division 2—Qualification for rent assistance
1070B Qualification—general rule
1070C Common requirements (about aged care residence, home ownership and rent)
1070D Specific requirement (carer payments and certain age, disability support and wife pensions)
1070E Specific requirement (bereavement allowance, widow B pension and certain parenting payments)
1070F Specific requirement (certain disability support pensions)
1070G Specific requirement (youth allowance)
1070H Specific requirement (mature age allowance under Part 2.12B, newstart allowance, partner allowance, sickness allowance or widow allowance)
1070J Specific requirement (certain parenting payments)
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Division 3—Rate of rent assistance
1070K Rate depends on social security payment and family situation
1070L Rate for carer payments and certain age, disability support and wife pensions
1070M Rate for bereavement allowance, widow B pension and certain parenting payments
1070N Rate for disability support pension (person aged under 18)
1070P Rate for disability support pension (person aged between 18 and 21)
1070Q Rate for youth allowance, mature age allowance under Part 2.12B, newstart allowance, partner allowance, sickness allowance and widow allowance
1070R Rate for certain parenting payments
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Division 4—Certain concepts used in this Part
1070S Division has effect for purposes of Part
1070T Rent threshold amount
1070U Fortnightly rent
1070V Rent paid by a member of certain couples
1070W Partner with a rent increased pension
1070X Partner with a rent increased benefit
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Division 5—Transitional indexation of rent assistance and rent threshold amounts
1070Y Indexation of certain amounts for CPI increases before commencement
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Part 3.9—Seniors Health Card Taxable Income Test Calculator
1071 Seniors Health Card Taxable Income Test Calculator
Seniors Health Card Taxable Income Test Calculator
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Part 3.9A—Health Care Card Income Test Calculator
1071A Health care card income test
Health Care Card Income Test Calculator
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Part 3.10—General provisions relating to the ordinary income test
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Division 1—Ordinary income concept
1072 General meaning of ordinary income
1073 Certain amounts taken to be received over 12 months
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Division 1AA—Employment income attribution rules
1073A Employment income attribution over a period for social security pensioners
1073B Daily attribution of employment income
1073C Fortnightly or yearly expression of attributed employment income
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Division 1AB—Working credit accrual and depletion rules and their consequences
1073D To whom do working credit accrual and depletion rules apply?
1073E Opening balance
1073F Working out accruals and depletions of working credit for social security beneficiaries
1073G Working out the effect of a working credit depletion on the fortnightly rate of ordinary income for a social security beneficiary
1073H Working out accruals and depletions of working credit for social security pensioners
1073I Working out the effect of a working credit depletion on the yearly rate of ordinary income for a social security pensioner
1073J Working credit balance prevents loss of qualification in certain cases
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Division 1A—Business income
1074 Ordinary income from a business—treatment of trading stock
1075 Permissible reductions of business income
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Division 1B—Deemed income from financial assets
1076 Deemed income from financial assets—persons other than members of couples
1077 Deemed income from financial assets—members of pensioner couples
1078 Deemed income from financial assets—members of non-pensioner couples
1081 Deeming threshold
1082 Below threshold rate, above threshold rate
1083 Actual return on financial assets not treated as ordinary income
1084 Certain money and financial investments not taken into account
1084A Valuation and revaluation of certain financial investments
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Division 1C—Income from income streams
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Subdivision B—Income streams that are not family law affected income streams
1097A Scope of Subdivision
1098 Income from asset-test exempt income stream
1099 Income—income stream not a defined benefit income stream
1099A Income—income stream is a defined benefit income stream
1099AA Income from market-linked asset-test exempt income stream
1099B Income from asset-tested income stream (long term)
1099C Income—income stream not a defined benefit income stream
1099D Income—income stream is a defined benefit income stream
1099DAA Income from certain low-payment asset-tested income streams
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Subdivision C—Family law affected income streams
1099DA Scope of Subdivision
1099DB Income from asset-test exempt income streams
1099DC Income from asset-tested income stream (long term)
1099DD Decision-making principles
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Division 1D—Aged care accommodation bonds: certain transactions before 6 November 1997
1099E Scope of Division
1099F Exempt bond amount does not count as income
1099G Person’s ordinary income reduced using financial asset rules
1099H Meaning of exempt bond amount
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Division 1E—Refunds to charge exempt residents
1099J Scope of Division
1099K Refunded amount does not count as income
1099L Person’s ordinary income reduced using financial asset rules
1099M Application of Division
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Division 2—Conversion of foreign currency amounts
1100 How value of a payment received in a foreign currency is to be determined
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Division 3—Disposal of ordinary income
1106 Disposal of ordinary income
1107 Amount of disposition
1108 Disposal of ordinary income—individuals
1109 Disposal of ordinary income—members of couples
1111 Dispositions more than 5 years old to be disregarded
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Part 3.12—General provisions relating to the assets test
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Division 1—Value of person’s assets
1118 Certain assets to be disregarded in calculating the value of a person’s assets
1118B Value of superannuation investments determined by Minister to be disregarded
1118AA Value of assets reduced by amounts received from Mark Fitzpatrick Trust
1118AB Value of person’s assets reduced: certain transactions to do with aged care accommodation bonds
1118AC Value of person’s assets reduced: refunds to charge exempt residents
1119 Value of asset-tested income streams that are not defined benefit income streams
1120 Value of asset-tested income streams that are defined benefit income streams
1120A Value of asset-tested FLA income streams
1120B Value of partially asset-test exempt income streams
1121 Effect of charge or encumbrance on value of assets
1121A Effect of certain liabilities on value of assets used in primary production
1122 Loans
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Division 2—Disposal of assets
1123 Disposal of assets
1124 Amount of disposal or disposition
1124A Disposal of assets in pre-pension years—individuals
1125 Disposal of assets in pension years—individuals
1125A Disposal of assets in pre-pension years—members of couples
1126 Disposal of assets in pension years—members of couples
1126AA Disposal of assets in income year—individuals
1126AB Disposals of assets in 5 year period—individuals
1126AC Disposal of assets in income year—members of couples
1126AD Disposal of assets in 5 year period—members of couples
1126A Disposal of assets in pre-pension year—family members
1126B Disposal of assets in pension year—family members
1126C Disposal of assets in income year—family members
1126D Disposals of assets in 5 year period—family members
1127 Disposition more than 5 years old to be disregarded
1127A Division does not apply for purposes of care receiver assets test
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Division 3—Financial hardship
1129 Access to financial hardship rules—pensions
1130 Application of financial hardship rules—pensions
1130A Division does not apply for purposes of care receiver assets test
1130B Access to financial hardship rules—pension PP (single)
1130C Application of financial hardship rules—pension PP (single)
1131 Access to financial hardship rules—benefits
1132 Application of financial hardship rules—benefits
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Division 4—Pension loans scheme
1133AA Pension loans scheme definitions
1133 Qualification for participation in pension loans scheme
1134 Effect of participation in pension loans scheme—pension or allowance rate
1135 Effect of participation in pension loans scheme—creation of debt
1135A Effect of participation in pension loans scheme—maximum loan available
1136 Need for a request to participate
1137 Need for a request to later nominate or change guaranteed amount or rate of pension or allowance
1138 Existence of debt results in charge over real assets
1139 Debt not to be recovered until after death
1140 Enforcement of charge
1141 Person ceases to participate in pension loans scheme if debt exceeds maximum loan available
1142 Person withdraws from pension loans scheme
1142A Repayment or recovery of debt after pension loans scheme ceases to operate because debt exceeds maximum loan available or person withdraws
1143 Registration of charge
1144 Manner of enforcement of charge
1144A Division does not apply for purposes of care receiver assets test
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Division 5—Provisions relating to special residences and special residents
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Subdivision A—General
1145A Application of Division to granny flat residents
1146 Basis for different treatment
1147 Entry contribution
1148 Extra allowable amount
1149 Renegotiation of retirement village agreement
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Subdivision B—Residents who are not members of a couple
1150 Residents who are not members of a couple
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Subdivision C—Residents who are members of couple and share principal home
1151 Members of couples
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Subdivision D—Residents who are members of illness separated couple
1152 Members of illness separated couples (both in special residences) [see Appendix for CPI adjusted figures]
1153 Members of illness separated couples (partner not in special residence and partner homeowner)
1154 Members of illness separated couples (partner not in special residence and partner not homeowner) [see Appendix for CPI adjusted figures]
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Subdivision E—Residents who are members of ordinary couple with different principal homes
1155 Members of ordinary couple with different principal homes (both in special residences)
1156 Members of ordinary couple with different principal homes (partner not in special residence and partner homeowner)
1157 Members of ordinary couple with different principal homes (partner not in special residence and partner not homeowner)
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Volume 7
Chapter 3—General provisions relating to payability and rates
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Part 3.12A—Provisions for Seniors Health Card taxable income test
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Division 1—Purpose of this Part
1157A Purpose of Part
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Division 2—Benefits that may be assessable fringe benefits
1157B Benefits received in or outside Australia
1157C Car benefits
1157D Exempt car benefits
1157E School fees benefits
1157F Health insurance benefits
1157G Loan benefits
1157H Exempt loan benefit
1157I Housing benefits
1157J Exempt housing benefits—live-in residential care workers
1157JA Expense benefits
1157JB Exempt expense benefit
1157JC Financial investment benefit
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Division 3—Value of car fringe benefits
1157K Method of valuing car fringe benefits
1157L Value of car fringe benefits
1157M Minister may determine alternative method of valuing car fringe benefits
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Division 4—Value of school fees fringe benefits
1157N Value of school fees fringe benefits
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Division 5—Value of health insurance fringe benefits
1157O Value of health insurance fringe benefits
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Division 6—Value of loan fringe benefits
1157P Method of valuing loan fringe benefits
1157Q Value of loan fringe benefits
1157R Minister may determine alternative method of valuing loan fringe benefits
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Division 7—Value of housing fringe benefits
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Subdivision A—Grants of housing rights
1157S Methods of valuing housing fringe benefits—grants of housing rights
1157T Value of grants of housing rights—general
1157TA Value of grants of housing rights—employees of the Defence Force
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Subdivision B—Payments associated with loans
1157TB Method of valuing housing fringe benefits—payments associated with loans
1157TC Value of payments associated with loans
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Subdivision C—Payments associated with enjoying housing rights
1157TD Methods of valuing housing fringe benefits—payments associated with enjoying housing rights
1157TE Value of payments associated with enjoying housing rights—general
1157TF Value of payments associated with enjoying housing rights—employees of the Defence Force
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Subdivision D—Alternative methods of valuing housing fringe benefits
1157U Minister may determine alternative method of valuing housing fringe benefits
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Division 8—Value of expense fringe benefit
1157UA Value of expense fringe benefits
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Division 9—Value of financial investment fringe benefit
1157UB Value of financial investment fringe benefit
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Division 8—Foreign currency rates
1157V Foreign currency rates
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Part 3.13—Imprisonment
1158 Some social security payments not payable during period in gaol or in psychiatric confinement following criminal charge
1159 Payment may be redirected to dependent partner or child
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Part 3.14—Compensation recovery
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Division 1—General
1160 General effect of Part
1161 Application of Part
1161A Application of Part to supplementary compensation affected payments
1162 Part to bind Crown
1163 Interpretation
1164 Certain lump sums to be treated as though they were received as periodic compensation payments
1165 Effect of certain State and Territory laws
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Division 2—Enforcement of compensation rights
1166 Secretary may require person to take action to obtain compensation
1167 Failure to comply with a requirement to take action to obtain compensation
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Division 3—Receipt of compensation
1168 Application
1169 Compensation affected payment not payable during lump sum preclusion period
1170 Lump sum preclusion period
1171 Deemed lump sum payment arising from separate payments
1172 Lump sum compensation not counted as ordinary income
1173 Effect of periodic compensation payments on rate of person’s compensation affected payment
1174 Effect of periodic compensation payments on rate of partner’s compensation affected payment
1175 Rate reduction under both income/assets test and this Part
1176 Periodic compensation not counted as ordinary income
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Division 4—Recoverable amounts
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Subdivision A—Preliminary
1177 Interpretation
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Subdivision B—Recovery from recipient of compensation affected payment
1178 Repayment of amount where both lump sum and payments of compensation affected payment have been received
1179 The section 1178 recoverable amount
1180 Repayment where both periodic compensation payments and payments of compensation affected payment have been received
1181 The section 1180 recoverable amount
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Subdivision C—Recovery from compensation payers and insurers
1182 Secretary may send preliminary notice to potential compensation payer or insurer
1183 Potential compensation payer or insurer must notify Secretary of liability
1184 Secretary may send recovery notice to compensation payer or insurer
1184A The section 1184 recoverable amount
1184B Preliminary notice or recovery notice suspends liability to pay compensation
1184C Compensation payer’s or insurer’s payment to Commonwealth discharges liability to compensation claimant
1184D Offence to make compensation payment after receiving preliminary notice or recovery notice
1184E Liability of compensation payer or insurer to pay the Commonwealth if there is a contravention of section 1184D
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Division 5—Recoverable debts
1184F Debts resulting from notices under section 1178 or 1180
1184G Debts resulting from notices under section 1184
1184H Debts resulting from contravention of section 1184D
1184I Compensation arrears debts
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Division 6—Miscellaneous
1184J Secretary may give recovery notice either to compensation payer or to insurer but not to both
1184K Secretary may disregard some payments
1184L Application to review compensation decision—disability support pension
1185 Special provision for certain recipients of dependency-based payments
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Part 3.14A—Retirement assistance for farmers
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Division 1—General
1185A Purpose of Part
1185AA Applicable cut-off date
1185AB Pre-assessment request
1185B Part to apply to certain transfers of estates in farms etc.
1185C How to assess the value of farms etc. subject to a transfer
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Division 2—Modification of provisions relating to assets test
1185D Transfer of estate in farm etc. not disposal of an asset
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Division 4—Requests for increase in rate of social security payment
1185F Application
1185G Request for increase
1185H Form of request
1185J Determination of request
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Division 5—Farmers’ income test
1185K Does a person satisfy the farmers’ income test?
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Division 6—Transitional: ex gratia payments
1185L Ex gratia payments
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Part 3.14B—Retirement assistance for sugarcane farmers
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Division 1—General
1185M Purpose of Part
1185N RASF commencement and closing days
1185P Applicable cut-off date
1185Q Pre-assessment request
1185R Part to apply to certain transfers of estates in sugarcane farms etc.
1185S How to assess the total net value of sugarcane farms etc. subject to a transfer
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Division 2—Modification of provisions relating to assets test
1185T Transfer of estate in sugarcane farm etc. not disposal of an asset
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Division 3—Requests for increase in rate of social security payment
1185U Application
1185V Request for increase
1185W Form of request
1185X Determination of request
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Division 4—Sugarcane farmers’ income test
1185Y Does a person satisfy the sugarcane farmers’ income test?
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Part 3.15—New Enterprise Incentive Scheme
1186 General effect of Part
1187 Reduction in rate of payments under this Act if recipient or partner also receiving payments under New Enterprise Incentive Scheme (NEIS)
1188 Rate reduction under this Part
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Part 3.15A—Community Development Employment Projects Scheme
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Division 1—Preliminary
1188A General effect of Part
1188B CDEP Scheme participants
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Division 2—Reduction in rate of pension or allowance
1188C Reductions in rate of payments under this Act if recipient or partner also receiving payments under CDEP Scheme
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Division 3—CDEP Scheme Participant Supplement
1188D Entitlement to Supplement: people receiving pension-type payments on or after 20 March 1999
1188E Entitlement to Supplement between 20 March 1999 and 19 March 2000: people not covered by section 1188D
1188F Entitlement to Supplement on or after 20 March 2000: people not covered by section 1188D
1188G Notification of periods in respect of which a CDEP Scheme payment is not payable
1188H Person receiving CDEP Scheme Participant Supplement to be taken to be in receipt of social security benefit or pension
1188J CDEP Scheme participant may accumulate supplement
1188K Need for a claim
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Division 4—Transitional
1188L Existing CDEP Scheme participants to be treated as long-term social security recipients
1188M Certain people receiving CDEP Scheme Participant Supplement to be taken to have been receiving social security benefit for 9 months
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Part 3.16—Indexation and adjustment of amounts
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Division 1—Preliminary
1189 Analysis of Part
1190 Indexed and adjusted amounts [see Notes 2 and 4]
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Division 2—CPI indexation
1191 CPI Indexation Table
1192 Indexation of amounts
1193 Indexation factor
1194 Rounding off indexed amounts
1195 Certain indexed amounts to be increased in line with increases in Male Total Average Weekly Earnings
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Division 4—Adjustment of other rates
1198B Adjustment of disability support pension (under 21) MBRs
1198C Adjustment of youth disability supplement
1203 Adjustment of pension “single non-homeowner” AVL
1204 Adjustment of benefit AVLs
1205 Adjustment of special illness separated special resident AVL
1206A Adjustment of certain pharmaceutical allowance rates
1206B Adjustment of certain telephone allowance rates
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Division 5—One-off adjustments of certain amounts
1206D Rent assistance threshold for social security pensions increased on 20 March 1996
1206E Rent assistance threshold for some social security payments increased on 20 March 1996
1206F Rent assistance for family allowance increased on 20 March 1996
1206G Increased rent assistance for pensioners with service pensioner partners with children
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Division 6—One-off adjustments on 1 July 2000 relating to the introduction of the goods and services tax
1206GA 1 July 2000 increase in certain indexed and adjusted amounts
1206GAA 1 July 2000 increase in rent assistance amounts
1206GB Adjustment of amounts following 1 July 2000 increase
1206GC 1 July 2000 increase in income and assets test free areas
1206GD Rounding off provisional replacement amounts
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Part 3.16A—Advance payment deductions
1206H Advance payment deduction
1206J Amount of advance payment deduction—basic calculation
1206K Person may request larger advance payment deduction
1206L Reduction of advance payment deduction in cases of severe financial hardship
1206M The final advance payment deduction
1206N Provisional payment rate insufficient to cover advance payment deduction
1206P Rounding of amounts
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Part 3.16B—Special employment advance deductions
1206Q Special employment advance deduction
1206R Amount of special employment advance deduction—basic calculation
1206S Person may request larger special employment advance deduction
1206T Reduction of special employment advance deduction in cases of severe financial hardship
1206U The final special employment advance deduction
1206V Provisional payment rate insufficient to cover special employment advance deduction
1206W Rounding of amounts
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Part 3.18—Means test treatment of private companies and private trusts
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Division 1—Introduction
1207 Simplified outline
1207A Definitions
1207B Relatives
1207C Associates
1207D When a company is sufficiently influenced by an entity
1207E Majority voting interest in a company
1207F Entitled to acquire
1207G Transfer of property or services
1207H Constructive transfers of property or services to an entity
1207J Active involvement with a primary production enterprise
1207K Power to veto decisions of a trustee
1207L Extra-territorial operation
1207M Application to things happening before commencement
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Division 2—Designated private companies
1207N Designated private companies
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Division 3—Designated private trusts
1207P Designated private trusts
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Division 4—Controlled private companies
1207Q Controlled private companies
1207R Direct voting interest in a company
1207S Voting power
1207T Direct control interest in a company
1207U Interest in a share
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Division 5—Controlled private trusts
1207V Controlled private trusts
1207W Interest in a trust
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Division 6—Attributable stakeholders and attribution percentages
1207X Attributable stakeholder, asset attribution percentage and income attribution percentage
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Division 7—Attribution of income of controlled private companies and controlled private trusts
1207Y Attribution of income
1207Z No double counting of attributed income
1208 Ordinary income of a company or trust
1208A Ordinary income from a business—treatment of trading stock
1208B Permissible reductions of business and investment income
1208C Derivation periods
1208D Attribution periods
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Division 8—Attribution of assets of controlled private companies and controlled private trusts
1208E Attribution of assets
1208F When attributed asset is unrealisable
1208G Effect of charge or encumbrance on value of assets
1208H Effect of unsecured loan on value of assets
1208J Value of company’s or trust’s assets etc.
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Division 9—Modification of asset deprivation rules
1208K Individual disposes of asset to company or trust
1208L Disposal of asset by company or trust
1208M Individual ceases to be an attributable stakeholder of a company or trust
1208N Individual disposes of asset to company or trust before 1 January 2002—individual is attributable stakeholder
1208P Individual disposes of asset to company or trust before 1 January 2002—individual’s spouse is attributable stakeholder
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Division 10—Modification of income deprivation rules
1208Q Individual disposes of ordinary income to company or trust
1208R Disposal of income by company or trust
1208S Individual disposes of income to company or trust before 1 January 2002—individual is attributable stakeholder
1208T Individual disposes of income to company or trust before 1 January 2002—individual’s spouse is attributable stakeholder
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Division 11—Concessional primary production trusts
1208U Concessional primary production trusts
1208V Individual ceases to be an attributable stakeholder of trust—receipt of remuneration or other benefits from trust during asset deprivation period
1208W Net value of asset
1208X Value of entity’s assets
1208Y When asset is controlled by an individual
1208Z Adjusted net value of asset
1209 Adjusted net primary production income
1209A Net income of a primary production enterprise
1209B Net income from a primary production enterprise—treatment of trading stock
1209C Permissible reductions of income from carrying on a primary production enterprise
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Division 12—Anti-avoidance
1209D Anti-avoidance
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Division 13—Decision-making principles
1209E Decision-making principles
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Division 14—Information management
1209F Transitional period
1209G Information-gathering powers
1209H Secretary may obtain tax information
1209J Disclosure of tax information
1209K Disclosure of tax file number information
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Part 3.19—Miscellaneous
1210 Application of income and assets test reductions and of compensation reductions for income tax purposes
1210A Effect of nil rate of pension etc.
Chapter 4—International agreements and portability
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Part 4.2—Overseas portability
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Division 1—Preliminary
1211 Social Security (International Agreements) Act overrides Part
1212 Meaning of terms used in this Part
1212A Meaning of acute family crisis
1212B Meaning of humanitarian purpose
1212C Meaning of temporary absence
1212D Part does not affect need for qualification
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Division 2—Portability of social security payments
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Subdivision A—Basic portability provisions
1213 Persons to whom Division applies
1214 Some payments generally portable with no time limit
1215 Some payments generally portable with time limit
1216 Amounts added to rate
1217 Meaning of maximum portability period, allowable absence and portability period
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Subdivision B—Exceptions to Subdivision A rules
1218AA Extended portability period for disability support pension
1218 Exception—full-time students outside Australia for purposes of Australian course
1218A Exception—Reserve service
1218B Exception—waiting period in Australia before parenting payment is portable
1218C Extension of person’s portability period—general
1218D Extension of person’s portability period—life-saving medical treatment overseas
1220 No portability where claim based on short residence
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Division 3—Rate of portable pensions
1220A Proportionality—age pension rate
1220B Proportionality—disability support pension rate for a severely disabled person
1221 Proportionality—wife pension and widow B pension rate for entitled persons
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Pension Portability Rate Calculator
Module A—Overall rate calculation process
Module B—Australian working life residence
Module C—Residence factor
Chapter 5—Overpayments and debt recovery
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Part 5.1—Effect of Chapter
1222 General effect of Chapter
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Part 5.2—Amounts recoverable under this Act
1222A Debts due to the Commonwealth
1223 Debts arising from lack of qualification, overpayment etc. [see Note 6]
1223A Debt resulting from commutation of asset-test exempt income stream contrary to subsection 9A(2), 9B(2) or 9BA(2)
1223AA Debts arising from prepayments and certain other payments
1223AB Debts arising from AAT stay orders
1223ABAA Debts arising in respect of one-off payments to older Australians
1223ABA Debts arising in respect of one-off payments to carers
1224AA Person other than payee obtaining payment of a cheque
1224AB Joint and several liability for persons involved in contravention of Act
1224B Education entry payment debt
1224C Data-matching Program (Assistance and Tax) Acts debts
1224D Mobility allowance advance debts
1224E Debts arising from advance payments of social security entitlements
1224EA Debts arising from special employment advances of special employment advance qualifying entitlements
1227 Assurance of support debt
1227A Debts arising under the Farm Household Support Act 1992 in respect of re-establishment grant, exceptional circumstances relief payment or farm help income support
1227B Debts arising under Part 8 of the Student Assistance Act 1973 as in force before 1 July 1998
1228 Overpayments arising under other Acts and schemes
1228A Comparable foreign payment debt recovery
1229 Notices in respect of debt
1229A Interest on debt
1229AA Determination that interest not to be payable
1229AB Administrative charge
1229B Penalty interest rate
1229C Guidelines on the penalty interest provisions
1230 Debt from failure to comply with garnishee notice
1230A Debt from failure before 1 July 1991 to comply with garnishee notice under the 1947 Act
1230B Overseas application of provisions
1230C Methods of recovery of debt
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Part 5.3—Methods of recovery
1231AA Application of sections dealing with deductions
1231 Deductions from debtor’s pension, benefit or allowance
1231A Deductions from debtor’s exceptional circumstances relief payment or farm help income support [see Note 3]
1232 Legal proceedings
1233 Garnishee notice
1234 Arrangement for payment of debt
1234AA Recovery of amounts from financial institutions
1234A Deductions by consent from social security payment of person who is not a debtor
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Part 5.4—Non-recovery of debts
1235 Meaning of debt
1236 Secretary may write off debt
1236A Application
1237 Power to waive Commonwealth’s right to recover debt
1237A Waiver of debt arising from error
1237AA Waiver of debt relating to an offence
1237AAA Waiver of small debt
1237AAB Waiver in relation to settlements
1237AAC Waiver where debtor or debtor’s partner would have been entitled to an allowance
1237AAD Waiver in special circumstances
1237AAE Extra rules for waiver of assurance of support debts
1237AB Secretary may waive debts of a particular class
1361A [see Note 6]
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Volume 8
Schedule 1A—Savings and transitional provisions
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Part 1—General
1 Correspondence of pensions, benefits and allowances
2 Correspondence of provisions
2A References in other Acts and instruments to provisions of the 1947 Act
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Part 2—Savings and Transitional Provisions Applicable on the Transition from the 1947 Act to this Act
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Division 4—Continuation of earlier savings provisions
21 Widow’s pension—mental hospital patient partners (changes introduced on 1 November 1980)
22 Benevolent homes (changes introduced on 1 January 1981)
27 Rent assistance—boarders and lodgers (changes introduced on 13 June 1989)
28 Rent assistance—retirement village residents (changes introduced on 13 June 1989)
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Part 3—Saving and Transitional Provisions Applicable after the Commencement of this Act
36 Incentive allowance (changes introduced on 12 November 1991)
41 Members of couples (changes made on 12 March 1992)
42 Modifications of Pension Rate Calculator A (changes made on 12 March 1992)
43 Modifications of Pension Rate Calculator B (changes made on 12 March 1992)
44 Modifications of Pension Rate Calculator C (changes made on 12 March 1992)
45 Modifications of Pension Rate Calculator D (changes made on 12 March 1992)
46 Modifications of Pension Rate Calculator E (changes made on 12 March 1992)
48 Modifications of Benefit Rate Calculator B (changes made on 12 March 1992)
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Module D—Supplementary Amount for Member of Couple in Some Circumstances
49 Modifications of pharmaceutical allowance rates (changes made on 12 March 1992)
63 Rent assistance (changes introduced on 20 March 1993)
67 Sickness allowance for people on rehabilitation programs (changes introduced on 20 March 1994)
69B Saving of job search allowance and newstart allowance deferment determinations
74 Partner allowance for persons born on or before 1 July 1955 (changes made on 1 July 1995)
80 Income determinations (changes made on 1 January 1996)
86 Transitional and saving provisions applicable to the amendments relating to the pension loans scheme
88 Saving: Determinations under repealed sections 1099E and 1099L
96 Application and saving provisions: advance payment provisions
96A Application of revised Schedule 1B
98 Application and transitional provisions: amendments relating to tightening the activity test administration and simplifying the penalty periods that apply to youth training allowance
99 Application provision: amendments relating to unemployment due to industrial action
100 Application provision: amendments relating to the abolition of the minimum rate of payment to under 18 year old sickness allowance and newstart allowance recipients
101 Application provision: abolition of the earnings credit scheme
102 Application provision: amendments relating to the application of the below threshold deeming rate
102A Application and transitional provisions: amendments relating to simplifying the penalty periods that apply to newstart allowance
102AA Review of decisions under section 5 of the Aged Care Income Testing Act 1997
102B Applications for review of decisions made under section 5 of the Aged Care Income Testing Act 1997
102C Review by SSAT of decisions relating to determinations under section 5 of the Aged Care Income Testing Act 1997
102D Review by AAT of decisions relating to determinations under section 5 of the Aged Care Income Testing Act 1997
102E Application provision—abolition of residential care allowance and amendments relating to rent assistance
103 Application provision: income maintenance periods
104 Application provision: amendments relating to the liquid assets test waiting period
104A Application provision: amendments relating to means test exemption for superannuation assets
105 Application and saving provisions: debts due to the Commonwealth and their recovery
105A Parenting payment (changes introduced 20 March 1998)
106 Determinations etc. relating to family payment continue in force as determinations etc. relating to family allowance
107 Pending claims for family payment
108 Savings—Disabled child (changes made on 1 July 1998)
108A Disabled child (changes made on 1 July 1999)
109 Application of liquid assets test waiting period for sickness allowance
109A Application provision: amendments relating to the consistent treatment of lump sums
110 Youth allowance in place of newstart allowance (under 21 years), sickness allowance (under 21 years), youth training allowance and AUSTUDY living allowance (youth allowance age)
111 Austudy payment in place of AUSTUDY living allowance
111A $3,000 opening balance for student income bank for students transferring from AUSTUDY
112 Pensioner education supplement under the Social Security Act in place of pensioner education supplement under the Austudy Regulations
113 Certain persons receiving benefit PP (partnered) and pensioner education supplement immediately before 1 July 1998
114 Claims for newstart allowance (under 21 years) or sickness allowance (under 21 years) made on or after 1 July 1998 in respect of period before that date
115 Persons under 21 receiving newstart allowance or sickness allowance on 17 June 1997
116 Newstart or sickness allowance bereavement payment in respect of death of partner
117 Youth training allowance bereavement payment in respect of death of partner
118 Qualification for double orphan pension for certain young persons who were qualified to receive payments under the AUSTUDY scheme immediately before 1 July 1998
119 Payment of family allowance—young person ceasing to be a FA child on becoming youth allowance recipient
120 Application—income maintenance period rules
120A Amendments relating to treatment of income streams
122 Issue of notice before 1 July 1999 to person to whom domiciliary nursing care benefit is being paid requiring notification of events affecting the payment of carer allowance on and after that day
123 Carer payment provisions (changes to “severely handicapped person” category with effect from 1 July 1999)
124 Carer allowance (changes introduced on 1 July 1999)
125 Transitional regulations arising out of carer allowance changes introduced on 1 July 1999
121 Changes to newly arrived resident’s waiting period
126 Application and transitional provisions relating to fares allowance
127 Seasonal work carried out in what would have been a seasonal work non-benefit period extending beyond 30 June 2000
128 Saving provision—portability rules relating to rates of pension
128A Saving of certain pensions payable under 1986 Agreement between Australia and Italy
129 Application of amendments relating to short residence
130 Saving provision—other portability rules
131 Certain payments not recoverable
132 Saving—ABSTUDY recipients
133 Meaning of Australian resident
134 Transitional and saving provisions—substitution of Part 3.14
135 Unlimited maximum portability period for disability support pension
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Schedule 1B—Tables for the assessment of work-related impairment for disability support pension
Notes to the STYLEREF ShortT \* MERGEFORMAT Social Security Act 1991
Volume 9