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Social Security Act 1991
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C2022C00158 (C196)
02 April 2022
-
04 April 2022
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Volume 1
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Chapter 1—Introductory
Part 1.1—Formal matters
1 Short title
2 Commencement
3 Application of the Criminal Code
3AA Norfolk Island
Part 1.2—Definitions
3A Power of Secretary to make determinations etc.
3B Definitions—simplified outline
4 Family relationships definitions—couples
5 Family relationships definitions—children
5A Single person sharing accommodation
5B Registered and active foster carers
5C Home educators
5D Distance educators
5E Relatives (other than parents)
5F Secondary pupil child
5G Main supporter of secondary pupil child
6 Double orphan pension definitions
6A Concession card definitions
7 Australian residence definitions
8 Income test definitions
9 Financial assets and income streams definitions
9A Meaning of asset test exempt income stream—lifetime income streams
9B Meaning of asset test exempt income stream—life expectancy income streams
9BA Meaning of asset test exempt income stream—market linked income streams
9C Family law affected income streams
9D Asset tested status of secondary FLA income streams
9E Asset tested income stream (lifetime)
10 Maintenance income definitions
10A Definitions for carer allowance and seniors health card provisions
11 Assets test definitions
11A Principal home definition for the purpose of the assets test
12 Retirement villages definitions
12A Granny flat definitions
12B Sale leaseback definitions
12C Special residence and residents definitions
13 Rent definitions
14 Remote area definitions
14A Social security benefit liquid assets test definitions
16 Industrial action definitions
16A Seasonal work definitions
16B Partial capacity to work
17 Compensation recovery definitions
18 Parenting payment definitions
19 Mobility allowance definitions
19A Fares allowance definitions
19AA Student start up loan 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
19DA Experiencing a personal financial crisis definition
19E Exempt funeral investments
20 Indexation and rate adjustment definitions
20A Pension supplement rate definitions
21 Bereavement definitions
23 Dictionary
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
26 Impairment Tables and rules for applying them
27 Application of Impairment Tables
28 Approved programs of work for income support payment
28A Approval of programs of assistance
28C Declared program participants
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
35B Declared overseas terrorist act
36 Major disaster
36A Part 2.23B 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
38E Disability Care Load Assessment (Child) Determination
38F Treating health professional
Part 1.3B—Loss of social security payments and concessions for persons on security grounds
38L Simplified outline of this Part
38M Loss of social security payments and concessions for persons on security grounds
38N Security notice from Home Affairs Minister
38P Notice from Foreign Affairs Minister
38R Copy of security notice to be given to Secretaries
38S Period security notice is in force
38SA Annual review of security notice
38T Revoking a security notice
38U Notices may contain personal information
38V Decisions under Part not decisions of officers
38W Notices not legislative instruments
Part 1.4—Miscellaneous
39 Tables, calculators etc. form part of section
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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
Subdivision A—Qualification
43 Qualification for age pension
Subdivision B—Payability
44 Age pension not payable if pension rate nil
47 Multiple entitlement exclusion
47A Exclusion of certain participants in ABSTUDY Scheme
Division 4—Rate of age pension
55 How to work out a person’s age pension rate
Division 9—Bereavement payments
Subdivision A—Death of partner
82 Qualification for payments under this Subdivision
83 Continued payment of deceased partner’s previous entitlement
84 Lump sum payable in some circumstances
85 Adjustment of person’s age pension rate
86 Effect of death of person entitled to payments under this Subdivision
87 Matters affecting payment of benefits under this Subdivision
Subdivision C—Death of recipient
91 Death of recipient
Part 2.2A—Pension bonus
Division 1—Introduction
92A Simplified outline
92B Definitions
Division 2—Qualification for pension bonus
92C Qualification for pension bonus
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
Division 4—Accrual of bonus periods
92T Accrual of bonus periods
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
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
93K Top up of pension bonus for increased rate of age pension
93L Top up of pension bonus in specified circumstances
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
Division 12—Pension bonus bereavement payment
93WA Qualification for pension bonus bereavement payment
93WB Amount of pension bonus bereavement payment
93WC Definition of PBBP employment income
Part 2.3—Disability support pension
Division 1—Qualification for and payability of disability support pension
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Subdivision A—Qualification
94 Qualification for disability support pension
94A Participation requirements
94B Participation plans
94C Illness or accident
94D Pre natal and post natal relief
94E Supported employment
94F Special circumstances
95 Qualification for disability support pension—permanent blindness
96 Continuation of disability support pension
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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
104 Seasonal workers—preclusion period
Division 5—Rate of disability support pension
117 How to work out a person’s disability support pension rate
118 Approved program of work supplement
119 Approved program of work supplement not payable in certain circumstances
120 Effect of participation in an approved program of work for income support payment
Division 10—Bereavement payments
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Subdivision A—Death of partner
146F Qualification for payments under this Subdivision
146G Continued payment of deceased partner’s previous entitlement
146H Lump sum payable in some circumstances
146J Adjustment of person’s disability support pension rate
146K Effect of death of person entitled to payments under this Subdivision
146L Matters affecting payment of benefits under this Subdivision
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Subdivision C—Death of recipient
146Q Death of recipient
Part 2.5—Carer payment
Division 1A—Interpretation
197 Definitions
Division 1—Qualification for and payability of carer payment
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Subdivision A—Qualification
197A Overview—circumstances in which person is qualified for carer payment
197B Qualification—child with a severe disability or severe medical condition
197C Qualification—2 or more children each with a disability or medical condition
197D Qualification—disabled adult and one or more children each with a disability or medical condition
197E Qualification—child who has a terminal condition
197F Qualification—exchanged care of children
197G Qualification—short term or episodic care of children
197H Qualification—extension of short term or episodic care
197J Qualification following qualification for short term or episodic care
197K Remaining qualified after child turns 16
198 Qualification—disabled adult or disabled adult and dependent child
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
198AD Qualification—wife pension and carer allowance recipient
198A Income test
198B Taxable income
198C Appropriate tax year
198D Assets test
198E Working out the value of assets
198F Disposal of assets—care receiver assets test
198G Amount of disposition—care receiver assets test
198H Disposal of assets in pre pension years—individual higher ADAT score adults
198HA Disposal of assets in pre pension years—profoundly disabled child or disabled children
198HB Disposal of assets in pre pension years—lower ADAT score adult and dependent child
198J Disposal of assets before 1 July 2002—individual higher ADAT score adults
198JA Disposal of assets before 1 July 2002—profoundly disabled children or disabled children
198JB Disposal of assets before 1 July 2002—lower ADAT score adult and dependent child
198JC Disposal of assets in income year—individual higher ADAT score adults
198JD Disposal of assets in 5 year period—individual higher ADAT score adults
198JE Disposal of assets in income year—sole care children
198JF Disposal of assets in 5 year period—sole care child
198JG Disposal of assets in income year—lower ADAT score adult and child or children
198JH Disposal of assets in 5 year period—lower ADAT score adult and child or children
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 disposals to be disregarded for care receiver assets test
198N Exemption from care receiver assets test
198P Date of effect of favourable decision under section 198N
198Q Date of effect of adverse decision under section 198N
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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
203 Seasonal workers—preclusion period
Division 4—Rate of carer payment
210 How to work out a person’s carer payment rate
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 deceased partner’s previous entitlement
239 Lump sum payable in some circumstances
240 Adjustment of person’s carer payment rate
241 Effect of death of person entitled to payments under this Subdivision
242 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
Part 2.5A—One off payments to carers eligible for carer payment
Division 1—One off payment to carers eligible for carer payment
247 One off payment to carers (carer payment related)
248 What is the amount of the payment?
Division 2—2005 one off payment to carers eligible for carer payment
249 2005 one off payment to carers (carer payment related)
250 What is the amount of the payment?
Division 3—2005 one off payment to carers eligible for carer service pension
251 2005 one off payment to carers (carer service pension related)
252 What is the amount of the payment?
Division 4—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
Division 5—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
Division 6—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
Division 7—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
Division 8—2007 one off payment to carers eligible for carer payment
261 2007 one off payment to carers (carer payment related)
262 Amount of the one off payment
Division 9—2007 one off payment to carers eligible for wife pension
263 2007 one off payment to carers (wife pension related)
264 Amount of the one off payment
Division 10—2007 one off payment to carers eligible for partner service pension
265 2007 one off payment to carers (partner service pension related)
266 Amount of the one off payment
Division 11—2007 one off payment to carers eligible for carer service pension
267 2007 one off payment to carers (carer service pension related)
268 Amount of the one off payment
Division 12—2008 one off payment to carers eligible for carer payment
269 2008 one off payment to carers (carer payment related)
270 Amount of the one off payment
Division 13—2008 one off payment to carers eligible for wife pension
271 2008 one off payment to carers (wife pension related)
272 Amount of the one off payment
Division 14—2008 one off payment to carers eligible for partner service pension
273 2008 one off payment to carers (partner service pension related)
274 Amount of the one off payment
Division 15—2008 one off payment to carers eligible for carer service pension
275 2008 one off payment to carers (carer service pension related)
276 Amount of the one off payment
Part 2.6—One off energy assistance payment
300 One off energy assistance payment
301 Amount of one off energy assistance payment
Part 2.6A—2019 one off energy assistance payment
302 One off energy assistance payment
303 Amount of one off energy assistance payment
Part 2.6B—2020 economic support payments
Division 1—First 2020 economic support payment
304 First 2020 economic support payment
305 Amount of first 2020 economic support payment
Division 2—Second 2020 economic support payment
306 Second 2020 economic support payment
307 Amount of second 2020 economic support payment
Division 3—Eligibility
308 Eligibility
Part 2.6C—Additional economic support payments
Division 1—Additional economic support payment 2020
309 Additional economic support payment 2020
310 Amount of additional economic support payment 2020
Division 2—Additional economic support payment 2021
311 Additional economic support payment 2021
312 Amount of additional economic support payment 2021
Division 3—Eligibility
313 Eligibility
Part 2.6D—2022 cost of living payment
Division 1—2022 cost of living payment
314 2022 cost of living payment
315 Amount of 2022 cost of living payment
Division 2—Eligibility
316 Eligibility
Part 2.10—Parenting payment
Division 1—Qualification for and payability of parenting payment
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Subdivision A—Qualification
500 Qualification for parenting payment
500A Participation requirements
500B Qualification—assurance of support
500C Qualification affecting member of couple—unemployment due to industrial action
500D PP child
500E Prospective determinations for some recipients
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Subdivision B—General principles relating to payability
500I Parenting payment not payable if payment rate nil
500J Situations where payment not payable for failure to comply with certain requirements
500Q Assets test—payment not payable if assets value limit exceeded
500S Multiple entitlement exclusion
500V Educational schemes exclusion—person member of a couple
500VA Exclusion of certain participants in ABSTUDY Scheme
500WA Ordinary waiting period
500WB Duration of ordinary waiting period
500X Newly arrived resident’s waiting period
500Y Duration of newly arrived resident’s waiting period
500Z Seasonal workers—preclusion period
Division 2—Parenting Payment Employment Pathway Plans
501 Parenting Payment Employment Pathway Plans
501A Parenting Payment Employment Pathway Plan—terms
501B Parenting Payment Employment Pathway Plans—requirement to look for work of appropriate number of hours per week
501C Parenting Payment Employment Pathway Plans—people with partial capacity to work
501D Parenting Payment Employment Pathway Plans—requirement to participate in an approved program of work
501E Parenting Payment Employment Pathway Plans—suspension of plans
Division 3—Additional participation requirements
502 Secretary may impose additional participation requirements
502A People 55 and over who are engaged in work
502B Persons engaged in suitable paid work for at least 30 hours per fortnight
Division 3A—Participation exemptions
502BA Death of person’s partner
502C Domestic violence etc.
502D People with disabled children and other circumstances
502E Training camps
502F Special circumstances
502G Pre natal and post natal relief
502H Temporary incapacity
502J Time limit for temporary incapacity exemption—Secretary satisfied person can undertake activity
502K Time limit for temporary incapacity exemption—end of person’s maximum exemption period
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
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
Part 2.11—Youth allowance
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
540AB Qualification for youth allowance—claimants with medical conditions affecting their capacity to work
540B Qualification for youth allowance—transferee from social security pension
540BA Qualification for youth allowance—coronavirus
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 One course of education
541D Unsuitable paid work
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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
542BA Time limit for temporary incapacity exemptions—capacity to undertake activity
542C Time limit for temporary incapacity exemptions—maximum exemption period
542D Pre natal and post natal exemptions
542E Remote area exemption
542EA Relief from activity test—death of person’s partner
542F Domestic violence or other special family circumstances exemption
542FA Disabled children or other family circumstances exemption
542FB New claimants exemption
542G Training camp exemption
542H Special circumstances exemption
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Subdivision D—Youth allowance age
543 Youth allowance age
543A Minimum age for youth allowance
543B Maximum age for youth allowance
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Subdivision E—Youth Allowance Employment Pathway Plans
544 Requirements relating to Youth Allowance Employment Pathway Plans
544A Youth Allowance Employment Pathway Plans—requirement
544B Youth Allowance Employment Pathway Plans—terms
544C Youth Allowance Employment Pathway Plans—principal carers
544D Youth Allowance Employment Pathway Plans—people with partial capacity to work
544DA Youth Allowance Employment Pathway Plans—early school leavers
544E Youth Allowance Employment Pathway Plans—suspension of plans for people with certain exemptions
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Subdivision G—Miscellaneous
546 Prospective determinations for some allowance recipients
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
547AB Situations where allowance not payable for failure to comply with certain requirements
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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
547D Value of person’s assets to include value of assets of partner in certain circumstances
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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
549CA Ordinary waiting period
549CB Duration of ordinary waiting period
549D Newly arrived resident’s waiting period
549E Length of newly arrived resident’s waiting period
549F Effect of being subject to multiple waiting periods
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Subdivision D—Situations where allowance not payable because of youth allowance participation failure
549G Application of Subdivision
550 Youth allowance participation failures
550B Allowance not payable because of youth allowance participation failure
550C When the period of non payment starts
550D When the period of non payment ends
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Subdivision E—Situations where allowance not payable because of repeated failure
550E Application of Subdivision
551 Allowance not payable because of repeated failure
551A When the period of non payment starts
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Subdivision F—Multiple entitlement exclusions
552 Multiple entitlement exclusions
552A Person receiving payment under certain schemes
552B Assurance of support
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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
Division 5—Rate of youth allowance
556 How to work out a person’s youth allowance rate
556A Approved program of work supplement
Division 10—Bereavement payments
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Subdivision A—Ongoing payments for death of partner
567 Qualification for payments under this Subdivision
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 Subdivision
567E Matters affecting payments under this Subdivision
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Subdivision AA—One off payment for death of partner
567FA Qualification for payment under this Subdivision
567FB Amount of payment
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Subdivision B—Continuation of youth allowance rate after death of child
567G Death of child—continuation of youth allowance rate for 14 weeks
Part 2.11A—Austudy payment
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
569AA One course of education
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
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
572A Situations where austudy payment not payable for failure to comply with certain requirements
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Subdivision B—Assets test
573 Austudy payment not payable if assets value limit exceeded
573B Assets value limit
573C Value of person’s assets to include value of assets of partner
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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
575EA Seasonal workers—preclusion period
575F Effect of being subject to 2 waiting periods
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Subdivision E—Situations where austudy payment not payable because of austudy participation failure
576 Austudy participation failures
576A Allowance not payable because of austudy participation failure
576B When the period of non payment starts
576C When the period of non payment ends
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Subdivision F—Situations where payment not payable because of repeated failure
577 Payment not payable because of repeated failure
577A When the period of non payment starts
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Subdivision G—Multiple entitlement exclusions
578 Multiple entitlement exclusions
578A Person receiving payment under certain schemes
578B Assurance of support
Division 5—Rate of austudy payment
581 How to work out a person’s austudy payment rate
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
Part 2.11B—Scholarship payments for students
Division 2—Relocation scholarship payment
592J Qualification for relocation scholarship payment
592K Circumstances in which person is not qualified for relocation scholarship payment
592L Amount of relocation scholarship payment
Division 3—Approved scholarship course
592M Definition
592N Approved scholarship course
Part 2.12—Jobseeker payment
Division 1—Qualification for and payability of jobseeker payment
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Subdivision A—Basic qualifications
593 Qualification for jobseeker payment
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 jobseeker payment recipients
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Subdivision B—Activity test
601 Activity test
602A Relief from activity test—persons to whom subsection 614(6) applies
602AA Relief from activity test—death of person’s partner
602B Relief from activity test—domestic violence etc.
602C Relief from activity test—people with disabled children and other circumstances
602D Relief from activity test—rehabilitation program
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 55 and over who are engaged in work
603AB Relief from activity test—certain principal carers and people with partial capacity to 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
603D Time limit for exemption—Secretary satisfied person can undertake activity
603F Time limit for exemption—end of person’s maximum exemption period
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Subdivision C—Jobseeker Employment Pathway Plans
605 Jobseeker Employment Pathway Plans—requirement
606 Jobseeker Employment Pathway Plans—terms
607 Jobseeker Employment Pathway Plans—principal carers
607A Jobseeker Employment Pathway Plans—people with partial capacity to work
607B Jobseeker Employment Pathway Plans—requirement to participate in an approved program of work
607C Jobseeker Employment Pathway Plans—suspension of plans
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Subdivision D—Situations where jobseeker payment not payable (general)
608 Jobseeker payment not payable if payment rate nil
611 Assets test—jobseeker payment not payable if assets value limit exceeded
612 Value of assets of members of couples
613 Full time students
614 Multiple entitlement exclusion
615 Jobseeker payment not payable if person fails to attend interview etc. in certain circumstances
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Subdivision E—Situations where jobseeker payment 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 G—Situations where jobseeker payment not payable (administrative breaches)
631 Situations where jobseeker payment not payable for failure to comply with certain requirements
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Subdivision GA—Activities that do not give rise to employment under certain industrial relations legislation
631C Activities that do not give rise to employment under certain industrial relations legislation
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Subdivision H—Other situations where jobseeker payment not payable
633 Seasonal workers
634 Move to area of lower employment prospects
Division 4—Rate of jobseeker payment
643 How to work out a person’s jobseeker payment rate
644AAA Approved program of work supplement
654 Rate of jobseeker payment for former recipients of wife pension
655 Wife pension transition rate—method 1
656 Wife pension transition rate—method 2
Division 9—Bereavement payments
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Subdivision AA—Ongoing payments for 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 jobseeker payment rate
660LE Effect of death of person entitled to payments under this Subdivision
660LF Matters affecting payments under this Subdivision
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Subdivision A—One off payment for death of partner
660LH Qualification for payment under this Subdivision
660LI Amount of payment
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Subdivision B—Continuation of jobseeker payment rate after death of child
660M Death of child—continuation of jobseeker payment rate for 14 weeks
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Volume 2
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Chapter 2—Pensions, benefits and allowances
Part 2.13A—Education entry payment
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
Division 2—Recipients of disability support pension
665E Payment to a disability support pensioner
665F Amount of section 665E payment
665G Need for claim
Division 4—Special benefit recipients
665M Payment to a special benefit recipient
665N Amount of section 665M payment
665P Need for claim
Division 6—Jobseeker payment recipients
665U Payment to recipient
665V Amount of section 665U payment
665W Need for claim
Division 8A—Carer payment recipients
665ZFA Payment to a carer payment recipient
665ZFB Amount of section 665ZFA payment
665ZFC Need for claim
Division 12—Recipients of PP (partnered)
665ZU Payment to recipient of PP (partnered)
665ZV Amount of section 665ZU payment
665ZW Need for claim
Division 12A—Recipients of youth allowance (other)
665ZX Payment to recipient of youth allowance (other)
665ZXA Amount of section 665ZX payment
665ZXB Need for claim
665ZXC Cessation of Division
Division 13—Protection of education entry payment
665ZY Education entry payment to be absolutely inalienable
665ZZ Effect of garnishee or attachment order
Division 14—Education entry payment supplement
665ZZA Qualification for education entry payment supplement
665ZZB Amount of education entry payment supplement
665ZZC Separate claim not needed
665ZZD Education entry payment supplement taken to be part of education entry payment for purposes of social security law
665ZZE Cessation of Division
Part 2.15—Special benefit
Division 1—Qualification for and payability of special benefit
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
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
731D Persons in certain areas can be taken to comply with activity test
731DAA Relief from activity test—death of person’s partner
731DA Relief from activity test—domestic violence etc.
731DB Relief from activity test—people with disabled children and other circumstances
731DC Persons may be treated as actively seeking etc. paid work
731E Relief from activity test—special circumstances
731F Relief from activity test—pre natal and post natal
731G Relief from activity test—people 55 and over who are engaged in work
731GA Relief from activity test—certain principal carers and people with partial capacity to work
731H Relief from activity test—dependent child
731HA Relief from activity test—persons who would be qualified for carer payment under section 197B, 197C, 197D or 197E
731HB Relief from activity test—persons who would be qualified for carer payment under section 197G or 197H
731J Relief from activity test—persons who would be qualified for carer payment under section 198 or for carer allowance
731JA Relief from activity test—grant of temporary protection, humanitarian or safe haven visa
731K Temporarily incapacitated person not required to satisfy activity test
731KA Time limit for exemption—Secretary satisfied person can undertake activity
Subdivision AB—Special Benefit Employment Pathway Plans for persons who are nominated visa holders
731L Special Benefit Employment Pathway Plans—requirement to enter
731M Special Benefit Employment Pathway Plans—terms
731N Special Benefit Employment Pathway Plans—principal carers
731P Special Benefit Employment Pathway Plans—people with partial capacity to work
731Q Special Benefit Employment Pathway Plans—revocation of requirement to participate in approved program of work
731R Special Benefit Employment Pathway Plans—suspension of plans
Subdivision B—Payability
732 Special benefit not payable if benefit rate nil
733 Assets test—benefit not payable if assets value limit exceeded
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)
Subdivision D—Situations where special benefit not payable to persons who are nominated visa holders (administrative breaches)
745H Situations where special benefit not payable for failure to comply with certain requirements
Subdivision E—Activities that do not give rise to employment under certain industrial relations legislation
745L Activities that do not give rise to employment under certain industrial relations legislation
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
Division 4—Rate of special benefit
746 Rate of special benefit
747 Approved program of work supplement for persons who are nominated visa holders
759 Effect of industrial action on rate of special benefit payable to persons who are nominated visa holders
Division 9—Bereavement payments
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
Part 2.16—Special needs pensions
Division 1A—Time limit on grant of special needs wife pension
771P Special needs wife pension not to be granted after 30 June 1995
Division 1B—Time limit on grant of other special needs pensions
771PA Special needs pensions not to be granted after 20 September 2000
Division 1—Qualifications for and payability of special needs pensions
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
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
Division 5—Rate of special needs pension
796 How to work out a person’s special needs pension rate
Special Needs Proportional Rate Calculator
Module A—Overall rate calculation process
Module B—Australian working life residence
Module C—Residence factor
Division 10—Bereavement payments
Subdivision A—Death of partner
822 Qualification for payments under this Subdivision
823 Continued payment of deceased partner’s previous entitlement
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
Subdivision C—Death of recipient
830 Death of recipient
Part 2.17—Economic security strategy payment
900 Qualification for economic security strategy payment
901 Amount of economic security strategy payment—general
902 Amount of economic security strategy payment—person receiving carer allowance
Part 2.18—Training and learning bonus
910 Qualification for training and learning bonus
911 Amount of training and learning bonus
Part 2.18A—Clean energy payments
Division 1—Clean energy advances
Subdivision A—Qualifying for clean energy advances
914 Recipients of certain social security payments
914A Recipients of austudy, youth allowance, some disability support pensions and some special benefits
914B Disregard nil rate in certain circumstances
914C Limits on qualifying for multiple advances
Subdivision B—Amount of a clean energy advance
914D Amount of a clean energy advance
914E Clean energy advance daily rate
914F Number of advance days
Subdivision C—Top up payments of clean energy advance
914G Top up payments of clean energy advance
Division 2—Quarterly energy supplement
915 When quarterly energy supplement is payable
915A Electing to receive quarterly energy supplement
915B Rate of quarterly energy supplement
Division 4—Essential medical equipment payment
917A Definitions
917B Qualification for essential medical equipment payment
917C The medical needs requirement
917D The concession card requirement
917E The energy account requirement
917F Availability of payments
917G Amount of payment
917H Non receipt of social security payment
Division 5—Multiple qualification exclusions
918 Multiple qualification exclusions
Part 2.19—Carer allowance
Division 1—Interpretation
952 Carer allowance definitions
Division 2—Qualification for and payability of carer allowance
Subdivision A—Qualification
953 Qualification for carer allowance—caring for either 1 or 2 disabled children
953A Remaining qualified for carer allowance after child turns 16
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
954B Qualification for carer allowance—receiving carer payment for caring for child or children
955 Qualification for carer allowance—hospitalisation
956 Absence from Australia
957 Effect of cessation of care etc. on carer allowance
957A Carer allowance income test
957B Adjusted taxable income
957C Accepted estimates
957D Income from long term financial assets
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
966 Newly arrived resident’s waiting period
967 Duration of newly arrived resident’s waiting period
Division 5—Rate of carer allowance
974 Rate of carer allowance
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
Division 10—Bereavement payments (death of disabled child or adult)
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
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
Subdivision BA—Death of disabled adult
992LA Continued carer allowance during bereavement rate continuation period where disabled adult dies
992LB Lump sum payable in some circumstances
Subdivision C—Death of recipient
992M Death of recipient
Part 2.19AA—Child disability assistance
992MA Child disability assistance definitions
992MB Qualification for child disability assistance
992MC Eligible care receivers
992MD Amount of child disability assistance
Part 2.19A—One off payments to carers eligible for carer allowance
Division 1—One off payment to carers 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?
Division 2—2005 one off payment to carers 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?
Division 3—2006 one off payment to carers 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
Division 4—2007 one off payment to carers eligible for carer allowance
992WA 2007 one off payment to carers (carer allowance related)
992WB Eligible care receivers
992WC Amount of the one off payment
Division 5—2008 one off payment to carers eligible for carer allowance
992WD 2008 one off payment to carers (carer allowance related)
992WE Eligible care receivers
992WF Amount of the one off payment
Part 2.19B—Carer supplement
992X Carer supplement
Part 2.20—Double orphan pension
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
Division 2—Qualification for and payability of double orphan pension
Subdivision A—Qualification
999 Qualification for double orphan pension
Subdivision B—Payability
1003 Double orphan pension not payable for child receiving a pension under the Veterans’ Entitlements Act
Division 5—Rate of double orphan pension
1010 Rate of double orphan pension
Division 10—Bereavement payments (death of DOP child)
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
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
Subdivision B—Death of recipient
1034A Death of recipient
Part 2.21—Mobility allowance
Division 1—Qualification for and payability of mobility allowance
Subdivision A—Qualification
1035 Qualification for mobility allowance (rate specified in subsection 1044(1))
1035A Qualification for mobility allowance (rate specified in subsection 1044(1A))
Subdivision B—Payability
1036 Mobility allowance not payable at 2 rates
1037 Mobility allowance not payable where person receiving motor vehicle assistance
1038 Mobility allowance not payable when person is NDIS participant
1039AA Newly arrived resident’s waiting period
1039AB Duration of newly arrived resident’s waiting period
Division 2—Rate of mobility allowance
1044 Rate of mobility allowance
1044A Reduction of the advance payment period
Division 3—Mobility allowance advance
1045 Qualification for mobility advance
Division 4—Continuation
1046 Continuation of mobility allowance when person ceases to be qualified
Part 2.21A—Language, literacy and numeracy supplement
Division 1—Preliminary
1047 Definition
Division 2—Qualification for language, literacy and numeracy supplement
1048 General statement of qualification
Division 3—Circumstances where language, literacy and numeracy supplement not payable
1049 Language, literacy and numeracy supplement not payable in certain circumstances
Division 4—Rate increase relating to language, literacy and numeracy supplement
1050 Rate increase attributable to language, literacy and numeracy supplement
Part 2.22—Advance payments of social security entitlements
Division 1—Qualification for advance payment
1061A Qualification for advance payment
Division 2—Applying for advance payment
1061B Application
1061C Form of application
1061D Lodgment of application
1061E Application may be withdrawn
Division 3—Determination of application and payment of advance payment
1061EA Secretary to determine application
1061EB Payment of advance payment
Division 4—Amount of advance payment
1061ECA Amount of advance payment—age and disability support pensions and carer payment
1061ED Amount of advance payment—pension PP (single)
1061EE Amount of advance payment—certain other social security payments
Division 5—Payment of advance payment
1061EI Advance payment to be paid to person or nominee
1061EJ Payment into bank account etc.
Division 6—Protection of advance payment
1061EK Advance payment to be absolutely inalienable
Division 7—Repayment of advance payment
1061EL Repayment of advance payment
Part 2.22A—Special employment advances
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
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
Division 7—Repayment of special employment advance
1061EZC Repayment of special employment advance
Part 2.23—Advance pharmaceutical allowance
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
Division 3—Amount of advance pharmaceutical allowance
1061JC Amount of advance pharmaceutical allowance
1061JD Annual limit
Part 2.23A—Crisis payment
Division 1—Qualification for crisis payment
1061JG Qualification—release from gaol or psychiatric confinement
1061JH Qualification—extreme circumstances forcing departure from home
1061JHA Qualification—remaining in home after removal of family member due to domestic or family violence
1061JI Qualification—humanitarian entrant to Australia
1061JIA Qualification—national health emergency
1061JJ Crisis payment not payable in addition to disaster relief payment
1061JK Crisis payment not payable if assurance of support in force
1061JL Person not qualified for crisis payment if qualified for crisis payment under ABSTUDY scheme
Division 4—Amount of crisis payment
1061JU Amount of payment
Part 2.23B—Disaster Recovery Allowance
Division 1—Qualification for Disaster Recovery Allowance
1061KA Qualification for Disaster Recovery Allowance
1061KB Disaster Recovery Allowance not payable if assurance of support in force
Division 2—Rate of Disaster Recovery Allowance
1061KC Rate of Disaster Recovery Allowance
Division 3—Other matters
1061KD Period that Disaster Recovery Allowance is payable
1061KE Non receipt of social security payment
Part 2.24—Australian Government Disaster Recovery Payment
Division 1—Qualification for Australian Government Disaster Recovery Payment
1061K Qualification for Australian Government Disaster Recovery Payment
1061L Meaning of adversely affected
Division 2—Amount of Australian Government Disaster Recovery Payment
1061M Amount of payment for disasters in Australia
1061N Amount of payment for disasters outside Australia
1061P Determinations of rates
Division 3—Recoverable payments etc.
1061PAAA Recoverable payments
1061PAAB Recoverable death payments
1061PAAC Reports about recoverable payments and recoverable death payments
1061PAAD Review of decisions
1061PAAE Department official
Part 2.24AA—Australian Victim of Terrorism Overseas Payment
Division 1—Qualification for Australian Victim of Terrorism Overseas Payment
1061PAA Qualification for Australian Victim of Terrorism Overseas Payment
1061PAB Whether a person can be qualified for more than one AVTOP in relation to the same terrorist act
Division 2—Payability of Australian Victim of Terrorism Overseas Payment to secondary victims
1061PAC When AVTOP for secondary victims is not payable
Division 3—Amount of Australian Victim of Terrorism Overseas Payment
1061PAD Amount of AVTOP for a primary victim
1061PAE Amount of AVTOP for a secondary victim
1061PAF AVTOP Principles
Division 4—Other
1061PAG Consultation on the AVTOP Principles
1061PAH AVTOP is not compensation or damages
Part 2.24A—Pensioner education supplement
Division 1—Qualification for pensioner education supplement
Subdivision A—The basic rules
1061PA Qualification for pensioner education supplement
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
Subdivision C—Payments attracting pensioner education supplement
1061PJ Payments attracting pensioner education supplement
Subdivision D—Pensioner education supplement age
1061PK Pensioner education supplement age
1061PL When a person is regarded as independent
Subdivision E—Residency
1061PM Residency requirements
1061PN Absence of persons overseas
Division 2—Situations in which pensioner education supplement is not payable
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
Subdivision D—Multiple entitlement exclusion
1061PW Meaning of multiple entitlement exclusion
1061PX Multiple entitlement exclusion
Division 5—Rate of pensioner education supplement
1061PZG Rate of pensioner education supplement
Part 2.25—Telephone allowance
Division 1—Qualification for and payability of telephone allowance
1061Q Qualification for telephone allowance
1061R Telephone allowance not payable in some circumstances
Division 2—Rate of telephone allowance
1061S Standard rate of telephone allowance
1061SA Increased rate of telephone allowance
1061SB Increased rate of telephone allowance for home internet
Part 2.25A—Utilities allowance
Division 1—Qualification for and payability of utilities allowance
1061T Qualification for utilities allowance
1061TA When utilities allowance is payable
Division 2—Rate of utilities allowance
1061TB Rate of utilities allowance
Part 2.25B—Energy supplement
Division 1—Qualification and payability
1061U Qualification for energy supplement
1061UA When energy supplement is payable
Division 2—Rate of energy supplement
1061UB Rate of energy supplement
Part 2.25C—Quarterly pension supplement
1061V When this Part applies
1061VA Quarterly pension supplement
1061VB Rate of quarterly pension supplement
Part 2.26—Fares allowance
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
Division 3—Amount of fares allowance
1061ZAAJ Fares allowance for public transport
1061ZAAK Fares allowance for private transport
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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
1061ZC Extended qualification rule: long term recipient of social security benefits
1061ZD Extended qualification rule: former recipient of disability support pension
1061ZDA Extended qualification rule: former recipient of pension PP (single)
1061ZEA Further extended qualification rule: loss of payment because of employment income
1061ZEB Extended qualification rule: persons with a partial capacity to work
1061ZEC Effect of compliance penalty periods
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
1061ZJA Modifications if person’s rate of social security pension is nil on 1 January 2017
1061ZJB Other modifications because of Veterans’ Entitlements Act
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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
1061ZM Qualification for health care card: employment affected person
1061ZMA Further extended qualification rule: loss of payment because of employment income
1061ZN Residence requirement
1061ZNA Effect of compliance penalty periods
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Subdivision B—Qualification for health care card in other circumstances
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
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Division 4—Non cancellation of concession cards for temporary overseas absences
1061ZUA Persons to whom Division applies
1061ZUB Non cancellation of concession cards for temporary overseas absences
1061ZUC Extension cards
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Chapter 2AA—Student start up loans
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Part 2AA.1—Introduction
1061ZVAA Simplified outline of this Chapter
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Part 2AA.2—Qualification for and amount of student start up loan
1061ZVBA Simplified outline of this Part
1061ZVBB Qualification for student start up loan
1061ZVBC Circumstances in which person is not qualified for student start up loan
1061ZVBD Amount of student start up loan
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Part 2AA.3—Indebtedness
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Division 1—Introduction
1061ZVCA Simplified outline of this Part
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Division 2—Incurring SSL debts
1061ZVDA SSL debts
1061ZVDB SSL debt discharged by death
1061ZVDC Notice to Commissioner
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Division 3—Working out accumulated SSL debts
1061ZVEA Simplified outline of this Division
1061ZVEB Stage 1—working out a former accumulated SSL debt
1061ZVEC Stage 2—working out an accumulated SSL debt
1061ZVED Rounding of amounts
1061ZVEE Accumulated SSL debt discharges earlier debts
1061ZVEF Accumulated SSL debt discharged by death
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Part 2AA.4—Discharge of indebtedness
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Division 1—Introduction
1061ZVFA Simplified outline of this Part
1061ZVFB Debts under this Chapter
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Division 2—Voluntary discharge of indebtedness
1061ZVGA Voluntary SSL repayments in respect of debts
1061ZVGB Application of voluntary SSL repayments
1061ZVGC Refunding of payments
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Division 3—Compulsory discharge of indebtedness
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Subdivision A—Liability to repay amounts
1061ZVHA Liability to repay amounts
1061ZVHB Repayable SSL debt for an income year
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Subdivision B—Assessments
1061ZVHC Commissioner may make assessments
1061ZVHD Notification of notices of assessment of tax
1061ZVHE Commissioner may defer making assessments
1061ZVHF Commissioner may amend assessments
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Part 2AA.5—Tax administration matters
1061ZVJA Simplified outline of this Part
1061ZVJB Verification of tax file numbers
1061ZVJC When person with tax file number incorrectly notifies number
1061ZVJD When person without tax file number incorrectly notifies number
1061ZVJE When tax file numbers are altered
1061ZVJF When tax file numbers are cancelled
1061ZVJG Returns, assessments, collection and recovery
1061ZVJH Charges and civil penalties for failing to meet obligations
1061ZVJJ Pay as you go (PAYG) withholding
1061ZVJK Pay as you go (PAYG) instalments
1061ZVJL Administration of this Chapter
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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
1061ZZENA Extent of Commissioner of Taxation’s general administration of this 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
1061ZZEYA Refunding of payments
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Division 5—Compulsory repayments in respect of accumulated FS debt
1061ZZEZ Compulsory payments in respect of accumulated FS debt
1061ZZFA Repayment income
1061ZZFB Minimum repayment income
1061ZZFC Repayable debt for an income year
1061ZZFD Amounts payable to the Commonwealth
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Division 6—Application of tax legislation
1061ZZFG Application of tax legislation
1061ZZFGA Charges and administrative penalties for failing to meet obligations
1061ZZFGB Pay as you go (PAYG) withholding
1061ZZFGD Pay as you go (PAYG) instalments
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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
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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
1061ZZGEA Assurance cannot be withdrawn once visa issued
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
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Chapter 2D—Arrangements and grants relating to assisting persons to obtain and maintain paid work
1062 Simplified outline of this Chapter
1062A Arrangements and grants relating to assisting persons to obtain and maintain paid work
1062B Constitutional limits
1062C Executive power of the Commonwealth
1062D Inclusion of information in annual report
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Chapter 3—General provisions relating to payability and rates
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Part 3.1—Rate Calculators (General)
1062E 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 and disability support pensions and carer payment (people who are not blind)
Pension Rate Calculator A
Module A—Overall rate calculation process
Module B—Maximum basic rate
Module BA—Pension supplement
Module C—Energy supplement
Module E—Ordinary income test
Module F—Ordinary income for the purposes of disability support pension
Module G—Assets test
Module H—Remote area allowance
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Part 3.3—Pension Rate Calculator B
1065 Rate of age and disability support pension (blind people)
Pension Rate Calculator B
Module A—Overall rate calculation process
Module B—Maximum basic rate
Module BA—Pension supplement
Module C—Energy supplement
Module E—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
Module BA—Energy supplement
Module C—Youth disability supplement
Module D—Pharmaceutical allowance
Module F—Ordinary income test
Module G—Payments taken to be ordinary income
Module H—Assets test
Module I—Remote area allowance
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Part 3.4B—Pension Rate Calculator E
1066B Rate of disability support pension (people under 21 who are blind)
Pension Rate Calculator E
Module A—Overall rate calculation process
Module B—Maximum basic rate
Module BA—Energy supplement
Module C—Youth disability supplement
Module D—Pharmaceutical allowance
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
Module B—Maximum basic rate
Module BA—Energy supplement
Module C—Pharmaceutical allowance
Module D—Youth disability supplement
Module E—Person’s reduction for parental income
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Module F—Parental income test
Submodule 1—Parental income test result
Submodule 2—Exemption from parental income test
Submodule 3—Appropriate tax year
Submodule 4—Combined parental income
Submodule 5—Parental income free area
Submodule 6—If person’s combined parental income exceeds parental income free area
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Module GA—Maintenance income test
Submodule 1—Maintenance income test result
Submodule 2—Exemption from maintenance income test
Submodule 3—Annualised amount of maintenance income for parent of a person
Submodule 4—Maintenance income free area
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
Module BA—Pension supplement
Module BB—Energy supplement
Module C—Pharmaceutical allowance
Module D—Income test
Module E—Student income bank
Module F—Remote area allowance
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Volume 3
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Chapter 3—General provisions relating to payability and rates
Part 3.6—Benefit Rate Calculator B
1068 Rate of jobseeker payment
Benefit Rate Calculator B
Module A—Overall rate calculation process
Module B—Maximum basic rate
Module BA—Pension supplement
Module C—Energy supplement
Module D—Pharmaceutical allowance
Module G—Income test
Module J—Remote area allowance
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
Module BA—Pension supplement
Module BB—Energy supplement
Module C—Pharmaceutical allowance
Module E—Ordinary income test
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
Module D—Income test
Module DA—Pension supplement
Module DB—Energy supplement
Module E—Pharmaceutical allowance
Module G—Remote area allowance
Part 3.7—Rent assistance
Division 1—Operation of this Part
1070 When this Part applies
1070A Effect of this Part
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 and disability support pensions)
1070E Specific requirement (certain parenting payments)
1070F Specific requirement (certain disability support pensions)
1070G Specific requirement (youth allowance)
1070H Specific requirement (austudy payment and jobseeker payment)
1070J Specific requirement (certain parenting payments)
Division 3—Rate of rent assistance
1070K Rate depends on social security payment and family situation
1070L Rate for carer payments and certain age and disability support pensions
1070M Rate for 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, austudy payment and jobseeker payment
1070R Rate for certain parenting payments
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
Part 3.9—Seniors Health Card Income Test Calculator
1071 Seniors Health Card Income Test Calculator
Seniors Health Card Income Test Calculator
Part 3.9A—Health Care Card Income Test Calculator
1071A Health care card income test
Health Care Card Income Test Calculator
Part 3.10—General provisions relating to the ordinary income test
Division 1—Ordinary income concept and treatment of certain income amounts
1072 General meaning of ordinary income
1072A Treatment of certain lump sum payments
1073 Certain amounts taken to be received over 12 months
Division 1AAA—Work bonus
1073AA Work bonus
1073AAA Meaning of gainful work
1073AB Unused concession balance
Division 1AA—Employment income attribution rules
1073A Attribution of employment income paid in respect of a particular period or periods
1073B Attribution of employment income paid monthly
1073BA Attribution of employment income paid not in respect of a particular period
1073BB Anti avoidance
1073BC Exclusion of certain payments
1073BD Daily attribution of employment income for amounts not elsewhere covered in this Division
1073C Fortnightly or yearly expression of attributed employment income
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
Division 1A—Business income
1074 Ordinary income from a business—treatment of trading stock
1075 Permissible reductions of business income
Division 1B—Income from financial assets (including income streams (short term) and certain income streams (long term))
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
Division 1C—Income from income streams not covered by Division 1B
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—asset tested income stream (long term) that is not a defined benefit income stream
1099D Income—asset tested income stream (long term) that is a defined benefit income stream
1099DAA Income from certain low payment asset tested income streams
1099DAB Income—asset tested income stream (lifetime)
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)
1099DCA Income from asset tested income stream (lifetime)
1099DD Decision making principles
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
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
Division 2—Conversion of foreign currency amounts
1100 How value of a payment received in a foreign currency is to be determined
1100A Determining value of a payment originally denominated in a foreign currency but made in Australian currency
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
Part 3.12—General provisions relating to the assets test
Division 1—Value of person’s assets
1118 Certain assets to be disregarded in calculating the value of a person’s assets
1118A 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, asset tested income streams (lifetime) or family law affected income streams
1120 Value of asset tested income streams that are defined benefit income streams
1120AA Value of asset tested income streams (lifetime) that are managed investments
1120AB Value of asset tested income streams (lifetime) that are not managed investments
1120A Value of asset tested FLA income streams
1120B Value of partially asset test exempt income streams
1120C Value of superannuation reserves for superannuation funds of 4 members or less
1121 Effect of charge or encumbrance on value of assets
1121A Effect of certain liabilities on value of assets used in primary production
1121B Value of life policy
1122 Loans
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
1126E Modification of this Division in respect of certain assets
1127 Disposition more than 5 years old to be disregarded
1127A Division does not apply for purposes of care receiver assets test
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
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 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 nominated amount or rate of pension
1137A Non receipt of social security pension or social security payment
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
1141A Secretary may cease person’s participation in pension loans scheme
1142 Person withdraws from pension loans scheme
1142A Repayment or recovery of debt after pension loans scheme ceases to operate
1143 Registration of charge
1144 Manner of enforcement of charge
1144A Division does not apply for purposes of care receiver assets test
Division 5—Provisions relating to special residences and special residents
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
Subdivision B—Residents who are not members of a couple
1150 Residents who are not members of a couple
Subdivision C—Residents who are members of couple and share principal home
1151 Members of couples
Subdivision D—Residents who are members of illness separated couple
1152 Members of illness separated couples (both in special residences)
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)
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)
Part 3.12A—Provisions for carer allowance and seniors health card income test
Division 1—Purpose of this Part
1157A Purpose of Part
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
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
Division 4—Value of school fees fringe benefits
1157N Value of school fees fringe benefits
Division 5—Value of health insurance fringe benefits
1157O Value of health insurance fringe benefits
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
Division 7—Value of housing fringe benefits
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
Subdivision B—Payments associated with loans
1157TB Method of valuing housing fringe benefits—payments associated with loans
1157TC Value of payments associated with loans
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
Subdivision D—Alternative methods of valuing housing fringe benefits
1157U Minister may determine alternative method of valuing housing fringe benefits
Division 8—Value of expense fringe benefit
1157UA Value of expense fringe benefits
Division 9—Value of financial investment fringe benefit
1157UB Value of financial investment fringe benefit
Division 10—Foreign currency rates
1157V Foreign currency rates
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
1159A Person not qualified for some concession cards when in gaol or in psychiatric confinement following criminal charge
Part 3.14—Compensation recovery
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
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
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
Division 4—Recoverable amounts
Subdivision A—Preliminary
1177 Interpretation
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
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
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
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
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
Part 3.16—Indexation and adjustment of amounts
Division 1—Preliminary
1189 Analysis of Part
1190 Indexed and adjusted amounts
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
Division 3—Social security pension indexation using Pensioner and Beneficiary Living Cost Index
1196 Social security pension indexation using Pensioner and Beneficiary Living Cost Index
1197 Living cost indexation factor
1198 Rounding off amounts
Division 4—Adjustment of other rates
1198A Adjustment of single pension rate MBR amounts
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
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
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
Part 3.18—Means test treatment of private companies and private trusts
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
Division 2—Designated private companies
1207N Designated private companies
Division 3—Designated private trusts
1207P Designated private trusts
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
Division 5—Controlled private trusts
1207V Controlled private trusts
1207W Interest in a trust
Division 6—Attributable stakeholders and attribution percentages
1207X Attributable stakeholder, asset attribution percentage and income attribution percentage
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
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.
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
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
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
Division 12—Anti avoidance
1209D Anti avoidance
Division 13—Decision making principles
1209E Decision making principles
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
Part 3.18A—Private financial provision for certain people with disabilities
Division 1—Special disability trusts
1209L What is a special disability trust?
1209M Beneficiary requirements
1209N Trust purpose requirements
1209P Trust deed requirements
1209Q Trustee requirements
1209R Trust property requirements
1209RA Trust expenditure requirements
1209S Reporting requirements
1209T Audit requirements
1209U Waiver of contravention of this Division
Division 2—Income of special disability trusts
1209V Attribution of income
1209X Income amounts from special disability trusts
Division 3—Assets of special disability trusts
1209Y Attribution of assets
Division 4—Transfers to special disability trusts
1209Z Effect of certain transfers to special disability trusts
1209ZA The effect of exceeding the $500,000 limit
1209ZB Transfers by the immediate family members prior to reaching pension age etc.
1209ZC Transfers by principal beneficiaries or partners
1209ZD Cessation of special disability trusts
1209ZE Effect of this Division
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.
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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
1218AAA Unlimited portability period for disability support pension—severely impaired disability support pensioner
1218AA Unlimited portability period for disability support pension—terminally ill overseas disability support pensioner
1218AB 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
1218BA Exception—new apprentices
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 Pension Portability Rate Calculator
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Pension Portability Rate Calculator
Module A—Overall rate calculation process
Module B—Australian working life residence
Module C—Residence factor
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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.
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
1223ABAAA Debts arising in respect of economic security strategy payments
1223ABAAB Debts arising in respect of training and learning bonuses etc.
1223ABB Debts in respect of child disability assistance
1223ABC Debts in respect of carer supplement for 2009
1223ABD Debts in respect of carer supplement for 2010 and later years
1223ABE Debts in respect of relocation scholarship payments
1223ABF Debts in respect of student start up loans
1223ABG Debts in respect of one off energy assistance payments
1223ABH Debts in respect of 2019 one off energy assistance payments
1223ABI Debts in respect of first 2020 economic support payments
1223ABJ Debts in respect of second 2020 economic support payments
1223ABK Debts in respect of additional economic support payment 2020
1223ABL Debts in respect of additional economic support payment 2021
1223ABM Debts in respect of 2022 cost of living payment
1224 Debts relating to clean energy advances
1224A Debts relating to essential medical equipment payments
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
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
1228B Additional 10% penalty for understatement etc. of income
1229 Notices in respect of debt
1229A Interest charge—no repayment arrangement in effect
1229B Interest charge—failure to comply with or termination of repayment arrangement
1229C Other rules for interest charge
1229D What is the interest charge rate?
1229E Exemption from interest charge—general
1229F Exemption from interest charge—Secretary’s determination
1229G Guidelines on interest charge 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
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
1234B No time limit on debt recovery action
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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
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Part 5.5—Departure prohibition orders
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Division 1—Secretary may make departure prohibition orders
1240 Secretary may make departure prohibition orders
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Division 2—Departure from Australia of debtors prohibited
1241 Departure from Australia of debtors prohibited
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Division 3—Other rules for departure prohibition orders
1242 Notification requirements for departure prohibition orders
1243 Operation of departure prohibition order
1244 Revocation and variation of departure prohibition orders
1245 Notification requirements for revocations and variations
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Division 4—Departure authorisation certificates
1246 Application for departure authorisation certificate
1247 When Secretary must issue departure authorisation certificate
1248 Security for person’s return to Australia
1249 What departure authorisation certificate must authorise
1250 Notification requirements for departure authorisation certificates
1251 Notification requirements for substituted days
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Division 5—Appeals and review in relation to departure prohibition orders and departure authorisation certificates
1252 Appeals to courts against making of departure prohibition orders
1253 Jurisdiction of courts
1254 Orders of court on appeal
1255 Review of decisions
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Division 6—Enforcement
1256 Powers of officers of Customs and members of the Australian Federal Police
1257 Privilege against self incrimination
1258 Production of authority to depart
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Division 7—Interpretation
1259 Interpretation—departure from Australia for foreign country
1260 Meaning of Australia
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Chapter 6—Modification of social security law
1261 Simplified outline of this Chapter
1262 Minister may determine modifications of social security law
1263 Period that determination is in force and variation and revocation
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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
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)
63 Rent assistance (changes introduced on 20 March 1993)
74 Partner allowance for persons born on or before 1 July 1955 (changes made on 1 July 1995)
86 Transitional and saving provisions applicable to the amendments relating to the pension loans scheme
88 Saving: Determinations under repealed sections 1099E and 1099L
96A Application of revised Schedule 1B
103 Application provision: income maintenance periods
105 Application and saving provisions: debts due to the Commonwealth and their recovery
105A Parenting payment (changes introduced 20 March 1998)
115 Persons under 21 receiving newstart allowance or sickness allowance on 17 June 1997
126 Application and transitional provisions relating to fares allowance
128 Saving provision—portability rules relating to rates of pension
128A Saving of certain pensions payable under 1986 Agreement between Australia and Italy
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
136 Transitional definition of deductible amount (commencing 1 July 2007)
137 Application—general
138 Application—subsections 198AA(1) and (3)
139 Application—subsection 955(2)
139A Application—general
139B Application—sections 198AAA and 198AB
139C Application—subsections 731J(2) and (6)
139D Saving—principal beneficiary of a special disability trust
140 Person whose carer payment was cancelled on or after 1 July 2008 and before 1 July 2010
141 Saving—profoundly disabled child and disabled child
142 Person whose special benefit was cancelled on or after 1 July 2008 and before 1 July 2010
143 Saving—profoundly disabled child and disabled child
144 Saving and transitional provisions for section 93H
145 Saving provision for income test taper rate for disability support pensioners under 21 without dependent children
146 Transitional provision for rates of certain social security pensions on and after 20 September 2009
147 Amounts for subparagraph 146(4)(a)(i)
148 Rate of social security payments to partners of persons affected by clause 146
149 Payment and income tax consequences of receiving social security pension at rate affected by clause 146
150 Persons exempt from requirement to be Australian residents to qualify for disability support pension
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Volume 4
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
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Volume 5
Endnote 5—Miscellaneous