Social Security Act 1991

43 Qualification for age pension

(1) A person is qualified for an age pension if the person has reached pension age and any of the following applies:

(a) the person has 10 years qualifying Australian residence;

(b) the person has a qualifying residence exemption for an age pension;

(c) the person was receiving a widow B pension, a widow allowance, a mature age allowance or a partner allowance, immediately before reaching that age;

(d) if the person reached pension age before 20 March 1997—the person was receiving a widow B pension, a widow allowance or a partner allowance, immediately before 20 March 1997.

Note 1: For qualifying Australian residence see section 7.

Note 2: For pension age see subsections 23(5A), (5B) (5C) and (5D).

(1A) A woman is qualified for an age pension if:

(a) the woman has reached pension age; and

(b) the woman’s partner has died; and

(d) the woman was an Australian resident for a continuous period of at least 104 weeks immediately before the day she lodged the claim for the age pension.

(1B) A woman is qualified for an age pension if:

(a) immediately before 20 March 2020:

(i) the woman was receiving a wife pension under Part 2.4; or

(ii) the woman was receiving a wife pension under a scheduled international social security agreement; and

(b) immediately before 20 March 2020, the woman was not receiving carer allowance under Part 2.19; and

(d) the woman is not otherwise qualified for an age pension.

Note: For pension age see subsections 23(5A), (5B) (5C) and (5D).

(1C) A woman is qualified for an age pension if:

(a) the woman was receiving widow allowance immediately before 1 January 2022; and

(b) the woman is not otherwise qualified for an age pension.

(3) Subsection (1) has effect subject to subsection 6(3) of the Social Security (International Agreements) Act 1999.

(4) A woman is qualified for an age pension if:

(a) the woman was receiving a special needs widow B pension under Part 2.16 immediately before 20 March 2020; and

(b) the woman is not otherwise qualified for an age pension.

44 Age pension not payable if pension rate nil

(1) Subject to subsection (2), an age pension is not payable to a person if the person’s age pension rate would be nil.

(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because an election by the person under subsection 915A(1) (about quarterly energy supplement) or 1061VA(1) (about quarterly pension supplement) is in force.

47 Multiple entitlement exclusion

(1) An age pension is not payable to a person if the person is already receiving a service pension or a veteran payment.

(2) If:

(a) a person is receiving an age pension; and

(b) another social security pension, a service pension or a veteran payment becomes payable to the person;

the age pension is not payable to the person.

Note 1: Another payment type will generally not become payable to the person until the person claims it.

Note 2: For social security pension see subsection 23(1).

(3) An age pension is not payable to a person who:

(a) is an armed services widow or an armed services widower; and

(b) is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; and

(c) is receiving income support supplement under Part IIIA of that Act or would be eligible for income support supplement under that Part if he or she made a claim under section 45I of that Act.

(4) Subsection (3) does not apply if:

(a) the person:

(i) was on 20 March 1995 receiving; and

(ii) has from that day continuously received; and

(iii) is receiving;

the age pension; and

(b) the person elected under subsection 45E(2) of the Veterans’ Entitlements Act, or is taken under subsection 45E(3) of that Act to have elected, to continue to receive the age pension.

(5) Subsection (3) does not apply if:

(a) before 20 March 1995, the person had made a claim for age pension; and

(b) the person elected under subsection 45F(2) of the Veterans’ Entitlements Act, or is taken under subsection 45F(3) of that Act to have elected, to receive the pension in the event that it were granted to him or her; and

(d) the person has since that time continued to receive, and is receiving, the pension.

(6) Subsection (3) does not apply if:

(a) before 20 March 1995:

(i) the person had made a claim for age pension; and

(ii) the claim had been rejected; and

(iii) the person had applied, under Chapter 6, for a review of the decision to reject the claim; and

(b) the person elected under subsection 45G(2) of the Veterans’ Entitlements Act, or is taken under subsection 45G(3) of that Act to have elected, to receive the pension in the event that it were granted to him or her after review of the decision; and

(c) on or after 20 March 1995, the decision to reject the claim was set aside and the person was granted age pension; and

(d) the person has since that time continued to receive, and is receiving, the pension.

(7) An age pension is not payable to a person who:

(a) is an armed services widow or an armed services widower; and

(b) is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA; and

(c) is receiving income support supplement or would be eligible for income support supplement if he or she made a claim under section 45I of the VEA.

Note 1: For armed services widow and armed services widower see subsection 4(1).

Note 2: For MRCA and VEA see subsection 23(1).

47A Exclusion of certain participants in ABSTUDY Scheme

(1) If:

(a) a payment is made in respect of a person under the ABSTUDY Scheme; and

(b) the payment is made on the basis that the person is a full‑time student; and

(d) the payment relates to a period;

age pension is not payable to the person in respect of any part of the period.

(2) If:

(a) a person is qualified for a payment under the ABSTUDY Scheme; and

(b) the payment for which the person is qualified is a payment that:

(i) is made on the basis that the person is a full‑time student; and

(ii) is calculated on the basis that an amount identified as living allowance (the basic payment) is included; and

(iii) relates to a period;

age pension is not payable to the person in respect of any part of the period.

(3) If:

(a) a person may enrol in a full‑time course of education; and

(b) a payment referred to in subsection (2) may be made in respect of the person;

the Secretary may decide that, in spite of subsection (2), age pension is payable to the person before the person starts the course.

Division 4—Rate of age pension

55 How to work out a person’s age pension rate

A person’s age pension rate is worked out:

(a) if the person is not permanently blind—using Pension Rate Calculator A at the end of section 1064 (see Part 3.2); or

(b) if the person is permanently blind—using Pension Rate Calculator B at the end of section 1065 (see Part 3.3).

Subdivision A—Death of partner

82 Qualification for payments under this Subdivision

(1) If:

(a) a person is receiving an age pension; and

(b) the person is a member of a couple; and

(d) immediately before the partner died, the partner:

(i) was receiving a social security pension; or

(ii) was receiving a service pension, income support supplement or a veteran payment; or

(iii) was a long‑term social security recipient; and

(e) on the person’s payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of:

(i) the amount that would otherwise be payable to the person under section 85 (person’s continued rate) on that payday; and

(ii) the amount that would otherwise be payable to the person under section 83 (continued payment of partner’s pension or benefit) on the partner’s payday immediately before the first available bereavement adjustment payday;

the person is qualified for payments under this Subdivision to cover the bereavement period.

Note 1: Section 83 provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person’s partner during that period if the partner had not died.

Note 2: Section 84 provides for a lump sum that represents the instalments that would have been paid to the person’s partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.

(1A) If:

(a) a person is receiving an age pension; and

(b) immediately before starting to receive the age pension the person was receiving partner bereavement payments; and

the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.

(2) A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.

(3) An election under subsection (2):

(a) must be made by written notice to the Secretary; and

(b) may be made after the person has been paid an amount or amounts under this Subdivision; and

(4) If a person is qualified for payments under this Subdivision in relation to the partner’s death, the rate at which age pension is payable to the person during the bereavement period is, unless the person has made an election under subsection (2), governed by section 85.

(5) For the purposes of this section, a person is a long term social security recipient if:

(a) the person is receiving a social security benefit; and

(b) in respect of the previous 12 months, the person:

(i) was receiving a social security pension; or

(ii) was receiving a social security benefit; or

(iia) was receiving a youth training allowance; or

(iii) was receiving a service pension, income support supplement or a veteran payment.

(6) A person is taken to satisfy the requirements of paragraph (5)(b) if:

(a) the person was receiving one or a combination of the payments referred to in that paragraph for a continuous period of 12 months; or

(b) the person was receiving one or a combination of the payments referred to in that paragraph for 46 weeks of the previous 52.

83 Continued payment of deceased partner’s previous entitlement

(1) If a person is qualified for payments under this Subdivision in relation to the death of the person’s partner, there is payable to the person, on each of the partner’s paydays in the bereavement rate continuation period the following amount:

(a) where the partner was receiving a social security pension or social security benefit—the amount that would have been payable to the partner on the payday if the partner had not died; or

(b) where the partner was receiving a service pension, income support supplement or a veteran payment—the amount that would have been payable to the partner under Part III, IIIA or IIIAA of the Veterans’ Entitlements Act on the service payday that:

(i) where the first Thursday after the partner’s death was a service payday—precedes the partner’s payday; or

(ii) in any other case—follows the partner’s payday;

if the partner had not died.

(2) For the purposes of subsection (1), if the couple were, immediately before the partner’s death, an illness separated couple or a respite care couple, the amounts are to be worked out as if they were not such a couple.

84 Lump sum payable in some circumstances

If:

(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

(b) the first available bereavement adjustment payday occurs before the end of the bereavement period;

there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

Method statement

Step 1. Work out the amount that would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday if:

(a) the person’s partner had not died; and

(b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 2. Work out the amount that would have been payable to the person’s partner on the partner’s payday or service payday immediately before the first available bereavement adjustment payday if:

(a) the partner had not died; and

(b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 3. Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4. Work out the amount that, but for section 85, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday: the result is called the person’s individual rate.

Step 5. Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 6. Work out the number of paydays of the partner in the bereavement lump sum period.

Step 7. Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable to the person under this section.

85 Adjustment of person’s age pension rate

If:

(a) a person is qualified for payments under this Subdivision; and

(b) the person does not elect under subsection 82(2) not to receive payments under this Subdivision;

the rate of the person’s age pension during the bereavement period is worked out as follows:

(c) during the bereavement rate continuation period, the rate of age pension payable to the person is the rate at which the pension would have been payable to the person if:

(i) the person’s partner had not died; and

(ii) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple;

(d) during the bereavement lump sum period (if any), the rate at which age pension is payable to the person is the rate at which the age pension would be payable to the person apart from this Subdivision.

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

If:

(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

(b) the person dies within the bereavement period; and

there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

Method statement

Step 1. Work out the amount that would have been payable to the person on the person’s payday immediately after the day on which the person died if:

(a) neither the person nor the person’s partner had died; and

(b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 2. Work out the amount that would have been payable to the partner on the person’s payday or service payday immediately after the day on which the person died if:

(a) neither the person nor the partner had died; and

(b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 3. Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4. Work out the amount that, but for section 85, would have been payable to the person on the person’s payday immediately after the day on which the person died if the person had not died: the result is called the person’s individual rate.

Step 5. Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 6. Work out the number of paydays of the partner in the period that commences on the day on which the person dies and ends on the day on which the bereavement period ends.

Step 7. Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section.

87 Matters affecting payment of benefits under this Subdivision

(1) If:

(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

(b) after the person’s partner died, an amount to which the partner would have been entitled if the partner had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act; and

the following provisions have effect:

(d) the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person’s partner, except to the extent (if any) that the amount exceeds the amount payable to the person under this Subdivision;

(e) the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b).

(2) If:

(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

(b) an amount to which the person’s partner would have been entitled if the person’s partner had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and

(c) the bank pays to the person, out of the account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);

the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person’s partner or anyone else in respect of the payment of that money to the person.

Subdivision C—Death of recipient

91 Death of recipient

(1) If:

(a) a person is receiving age pension; and

(b) either:

(i) the person is not a member of a couple; or

(ii) the person is a member of a couple and the person’s partner:

(A) is not receiving a social security pension; and

there is payable, to such person as the Secretary thinks appropriate, an amount equal to the amount that would have been payable to the person under this Act on the person’s payday after the person’s death if the person had not died.

(2) If an amount is paid under subsection (1) in respect of a person, the Commonwealth is not liable to any action, claim or demand for any further payment under that subsection in respect of the person.

Note 1: For amounts owing to the recipient before the recipient’s death see section 65.

Note 2: For death of a person qualified for bereavement payments under Subdivision A see section 86.

Part 2.2A—Pension bonus

Division 1—Introduction

92A Simplified outline

The following is a simplified outline of this Part:

 A person who qualifies for an age pension but defers claiming that pension may be able to get a single lump‑sum pension bonus.

 A person who wants to get a pension bonus must register as a member of the pension bonus scheme. An application for registration cannot be made on or after 1 July 2014.

 To get a pension bonus, a person must accrue between 1 and 5 bonus periods while deferring age pension.

 Generally, a bonus period runs for 1 year.

 To accrue a bonus period, the person must pass the work test for that period.

 To pass the work test for a year, either the person, or the person’s partner, must gainfully work for at least 960 hours during that year.

 The amount of a person’s pension bonus depends on the number of accrued bonus periods and the person’s annual rate of age pension. A person may get a bigger bonus by accruing more bonus periods.

92B Definitions

In this Part:

accruing member of the pension bonus scheme has the meaning given by section 92N.

bonus period has the meaning given by section 92T.

carer preclusion period has the meaning given by section 93W.

compensation preclusion period has the meaning given by section 93V.

disposal preclusion period has the meaning given by section 93U or 93UA.

full‑year period means a continuous period of 365 days.

gainful work has the meaning given by sections 92X to 93A (inclusive).

non‑accruing member of the pension bonus scheme has the meaning given by sections 92P and 92Q.

part‑year period means a continuous period of less than 365 days.

passing the work test has the meaning given by sections 92U and 92V.

post‑75 member of the pension bonus scheme has the meaning given by section 92S.

registration as a member of the pension bonus scheme means registration under section 92J.

Division 2—Qualification for pension bonus

92C Qualification for pension bonus

A person is qualified for a pension bonus if:

(a) both:

(i) the person starts to receive an age pension at or after the time when the person makes a claim for the pension bonus; and

(ii) that age pension is received otherwise than because of a scheduled international social security agreement (see section 5 of the Social Security (International Agreements) Act 1999); and

(b) the person has not received an age pension at any time before making a claim for the pension bonus; and

(d) the person has accrued at least one full‑year bonus period while registered as a member of the pension bonus scheme; and

(e) the person has not received:

(i) a social security pension (other than an age pension or a carer payment); or

(ii) a social security benefit; or

(iii) a service pension (other than a carer service pension); or

(iv) an income support supplement (other than an income support supplement that is payable as a result of the operation of subclause 8(3) of Schedule 5 to the Veterans’ Entitlements Act); or

(v) a veteran payment;

at any time after the person qualified for an age pension; and

(f) the person has not already received:

(i) another pension bonus; or

(ii) a bonus under Part IIIAB of the Veterans’ Entitlements Act.

Note: Subclause 8(3) of Schedule 5 to the Veterans’ Entitlements Act deals with income support supplement for carers.

Division 3—Registration as a member of the pension bonus scheme

Subdivision A—Membership of the pension bonus scheme

92D Application for registration

(1) A person may apply for registration as a member of the pension bonus scheme.

(2) However, a person cannot make an application on or after 1 July 2014.

92E Form of application

An application must be in writing and must be in accordance with a form approved by the Secretary.

92F Relevant information

(1) An approved form may require the applicant to provide relevant information (see subsection (4)).

(2) The Secretary may, by written notice given to the applicant, require the applicant to give the Secretary, within a specified period, further relevant information. The Secretary may refuse to register the applicant until the applicant gives the Secretary the information.

(3) A period specified for the purposes of subsection (2) must run for at least 14 days after the notice was given.

(4) For the purposes of this section, relevant information includes (but is not limited to):

(a) information that would be likely to assist the Secretary in advising the applicant about the operation of this Part; and

(b) information that is relevant to determining whether a disposal preclusion period, compensation preclusion period or carer preclusion period has arisen, or is likely to arise, in relation to the applicant; and

(i) the number of bonus periods that the person is likely to accrue while registered as a member of the pension bonus scheme;

(ii) the likely nature and extent of the person’s participation in the workforce during those periods;

(iii) if the person has a partner—the likely nature and extent of the partner’s participation in the workforce during those periods.

92G Lodgment of application

(1) An application must be lodged:

(a) at an office of the Department; or

(b) at a place approved by the Secretary; or

(2) A place or person approved under subsection (1) may be a place or person within or outside Australia.

92H Timing of application and registration

Age pension qualification date on or after 1 July 1998

(1) If a person’s date of qualification for the age pension occurs on or after 1 July 1998:

(a) the person must lodge an application during the period that begins 13 weeks before the person’s date of qualification for the age pension and ends 13 weeks after that date; and

(b) if registration occurs as a result of an application lodged within that period—the registration takes effect on the person’s date of qualification for the age pension.

Age pension qualification date before 1 July 1998

(2) If a person’s date of qualification for the age pension occurs before 1 July 1998:

(a) the person must lodge an application during the period that begins on the commencement of this section and ends 13 weeks after 1 July 1998; and

(b) if registration occurs as a result of an application lodged within that period—the registration takes effect on 1 July 1998.

Date of qualification for the age pension

(8) For the purposes of this section, a person’s date of qualification for the age pension is to be worked out on the assumption that being an Australian resident were an additional qualification for an age pension.

(9) For the purposes of this section, if a person would otherwise have 2 or more dates of qualification for the age pension, only the first date is to be counted.

92J Registration

(1) If an application is made in accordance with this Subdivision, the Secretary must register the applicant as a member of the pension bonus scheme.

(1A) However, the Secretary must not register a person as a member of the pension bonus scheme if the person’s date of qualification for the age pension occurs on or after 20 September 2009.

(1B) For the purposes of subsection (1A), subsections 92H(8) and (9) apply in a way corresponding to the way in which they apply for the purposes of section 92H.

(2) This section has effect subject to subsection 92F(2).

92K Duration of membership

A person’s membership of the pension bonus scheme begins on the date on which the registration of that membership takes effect and continues until the membership is cancelled under this Act.

92L Cancellation of membership

A person’s membership of the pension bonus scheme is cancelled if:

(a) the person’s claim for pension bonus is determined; or

(b) the person starts to receive:

(i) a social security pension (other than an age pension or a carer payment); or

(ii) a social security benefit; or

(iii) a service pension (other than a carer service pension); or

(iv) an income support supplement (other than an income support supplement that is payable as a result of the operation of subclause 8(3) of Schedule 5 to the Veterans’ Entitlements Act); or

(v) a veteran payment;

at any time after the person qualified for an age pension; or

(d) the person requests the Secretary, in writing, to cancel the person’s membership.

Note: Subclause 8(3) of Schedule 5 to the Veterans’ Entitlements Act deals with income support supplement for carers.

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

To avoid doubt, an application for registration as a member of the pension bonus scheme is not to be treated as a claim for the purposes of any law of the Commonwealth.

Subdivision B—Classification of membership of the pension bonus scheme

92N Accruing membership

For the purposes of this Part, a person’s membership of the pension bonus scheme at a particular time is accruing unless the person’s membership is non‑accruing or post‑75 at that time.

92P Non‑accruing membership—preclusion periods

Disposal preclusion period

(1) For the purposes of this Part, if a person is subject to a disposal preclusion period at a particular time when the person is a member of the pension bonus scheme, the person’s membership of the scheme is non‑accruing at that time.

Note: Disposal preclusion period is defined by section 93U.

Compensation preclusion period

(2) For the purposes of this Part, if a person is subject to a compensation preclusion period at a particular time when the person is a member of the pension bonus scheme, the person’s membership of the scheme is non‑accruing at that time.

Note: Compensation preclusion period is defined by section 93V.

Carer preclusion period

(3) For the purposes of this Part, if a person is subject to a carer preclusion period at a particular time when the person is a member of the pension bonus scheme, the person’s membership of the scheme is non‑accruing at that time.

Note: Carer preclusion period is defined by section 93W.

92Q Non‑accruing membership—Secretary’s discretion

(1) The Secretary may, by legislative instrument, declare that, for the purposes of this Part, a specified kind of member of the pension bonus scheme is a non‑accruing member throughout a period ascertained in accordance with the declaration.

(1A) A period ascertained in accordance with a declaration made under subsection (1) may begin before the date on which the declaration is registered under that Act.

(1B) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to a declaration made under subsection (1).

(2) The kinds of members that may be specified under subsection (1) include (but are not limited to):

(a) a member who is a participant in the Community Development Employment Program; and

(b) a member who is in gaol (see subsection 23(5)); and

(c) a member who is undergoing psychiatric confinement (see subsections 23(8) and (9)) because the member has been charged with committing an offence; and

(d) a member who is not a participant in the workforce, but whose partner:

(i) is a participant in the workforce; and

(ii) is not a registered member of the pension bonus scheme or of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; and

(iii) intends to become a registered member of the pension bonus scheme or of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; and

(e) a member who is on sick leave for a continuous period of at least 4 weeks and not more than 26 weeks.

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

If:

(a) a person has been an accruing member of the pension bonus scheme for a continuous period (the first accruing membership period) (including a period that is applicable because of one or more applications of this section); and

(b) the first accruing membership period is followed by a continuous period of non‑accruing membership of the scheme; and

(c) the period of non‑accruing membership is followed by a further continuous period of accruing membership of the scheme (the second accruing membership period);

the first accruing membership period and the second accruing membership period are together taken to constitute a continuous period of accruing membership of the scheme.

92S Post‑75 membership

A person’s membership of the pension bonus scheme is post‑75 at all times after the person reaches age 75.

Division 4—Accrual of bonus periods

92T Accrual of bonus periods

Full‑year bonus period

(1) The first bonus period that accrues to a person is the full‑year period of the person’s accruing membership of the pension bonus scheme:

(a) that began on whichever of the following dates is applicable:

(i) if the person was an accruing member of the pension bonus scheme on the date the person’s registration as a member took effect—the date the registration took effect;

(ii) in any other case—the date on which the person first became an accruing member of the pension bonus scheme; and

(b) for which the person passes the work test.

Note: Accruing membership is defined by section 92N.

(2) Each succeeding full‑year period of the person’s accruing membership of the pension bonus scheme:

(a) that is specified in the person’s claim for pension bonus; and

(b) for which the person passes the work test;

is a bonus period that accrues to the person.

Part‑year bonus period

(3) A part‑year period of the person’s accruing membership of the pension bonus scheme is a bonus period that accrues to the person if:

(a) the person passes the work test for that period; and

(b) the person specifies the period in the person’s claim for pension bonus; and

(d) the period is the last bonus period that accrues to the person.

Note: Accruing membership is defined by section 92N.

Bonus periods must be consecutive

(4) A person cannot accrue more than one bonus period unless:

(a) the bonus periods are consecutive; or

(b) the bonus periods are separated only by a period of non‑accruing membership.

Division 5—Passing the work test

Subdivision A—The work test

92U Work test—full‑year period

For the purposes of this Part, a person passes the work test for a full‑year period of the person’s accruing membership of the pension bonus scheme if:

(a) in any case—the person satisfies the Secretary that the total number of hours gainfully worked by the person during that period was at least 960 and that at least 640 of that total number of hours were worked in Australia; or

(b) if the person had only one partner during that period—the person satisfies the Secretary that the total number of hours gainfully worked by the person’s partner during that period while the partner was a partner of the person and was:

(i) an accruing member, or a post‑75 member, of the pension bonus scheme; or

(ii) an accruing member, or a post‑70/75 member, of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act;

was at least 960 and that at least 640 of that total number of hours were worked in Australia; or

(c) if the person had 2 or more partners during that period—the person satisfies the Secretary that the total number of hours gainfully worked by those partners during that period while they were partners of the person and were:

(i) accruing members, or post‑75 members, of the pension bonus scheme; or

(ii) accruing members, or post‑70/75 members, of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act;

was at least 960 and that at least 640 of that total number of hours were worked in Australia;

and either:

(d) the person satisfies the Secretary that the applicable record‑keeping requirements (see section 93C) have been complied with in relation to that period; or

(e) the Secretary decides to waive compliance with the applicable record‑keeping requirements in relation to that period.

92V Work test—part‑year period

(1) For the purposes of this Part, a person passes the work test for a part‑year period of the person’s accruing membership of the pension bonus scheme if:

(a) in any case—the person satisfies the Secretary that the total number of hours gainfully worked by the person during that period was at least the pro‑rated number of hours (see subsection (2)) and that at least two‑thirds of that total number of hours were worked in Australia; or

(i) an accruing member, or a post‑75 member, of the pension bonus scheme; or

(ii) an accruing member, or a post‑70/75 member, of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act;

was at least the pro‑rated number of hours (see subsection (2)) and that at least two‑thirds of that total number of hours were worked in Australia; or

(i) accruing members, or post‑75 members, of the pension bonus scheme; or

(ii) accruing members, or post‑70/75 members, of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act;

was at least the pro‑rated number of hours (see subsection (2)) and that at least two‑thirds of that total number of hours were worked in Australia;

and either:

(d) the person satisfies the Secretary that the applicable record‑keeping requirements (see section 93C) have been complied with in relation to that period; or

(e) the Secretary decides to waive compliance with the applicable record‑keeping requirements in relation to that period.

(2) For the purposes of this section, the pro‑rated number of hours applicable to a period is worked out using the formula:

$Start formula 960 times start fraction Number of days in the period over 365 end fraction end formula$

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

(1) If a person satisfies the Secretary that:

(a) the person, or the person’s partner, has carried on gainful work outside Australia; and

(b) because of special circumstances, the gainful work should be treated as gainful work carried on in Australia;

the Secretary may determine that this Part has effect as if the gainful work were carried on in Australia.

(2) The determination has effect accordingly.

Subdivision B—Gainful work

92X Gainful work—basic rule

(1) For the purposes of this Part, gainful work is work for financial gain or reward, whether as an employee, a self‑employed person or otherwise, where:

(a) the work involves a substantial degree of personal exertion on the part of the person concerned; and

(b) the work is carried on within or outside Australia.

(2) Subsection (1) is to be ignored in determining the meaning of an expression used in a provision of this Act other than this Part.

92Y Secretary’s discretion to treat activity as gainful work

(1) If a person satisfies the Secretary that:

(a) the person, or the person’s partner, has engaged in a particular activity; and

(b) the activity involves a substantial degree of personal exertion on the part of the person or the person’s partner, as the case may be; and

(d) because of special circumstances, the activity should be treated as gainful work;

the Secretary may determine that this Part has effect as if the activity were gainful work.

(2) The determination has effect accordingly.

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

For the purposes of this Part, if a person is engaged in gainful work, the total hours gainfully worked by the person during a period are to be determined as if the person had been engaged in gainful work during any absences from the workplace that are irregular, infrequent and minor.

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

(1) Unless the Secretary otherwise determines, work undertaken by a person is taken not to be gainful work for the purposes of this Part to the extent to which the work consists of the management or administration of one or more financial investments in which any of the following has a legal or equitable interest:

(a) a member of the person’s family group (see subsection (2));

(b) a company that is a family company in relation to the person (see subsection (2));

Note: Financial investment is defined by section 9.

(2) In this section:

family company, in relation to a person, means a company where:

(a) the company is, or its directors are, accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of any or all of the members of the person’s family group; or

(b) any or all of the members of the person’s family group are in a position to cast, or control the casting of, more than 50% of the maximum number of votes that may be cast at a general meeting of the company; or

(i) the company has one or more shareholders; and

(ii) each shareholder is a member of the person’s family group.

family group, in relation to a person, means the group consisting of the person and the family members of the person. If the person has no family members, the person is taken to be a family group in his or her own right.

Note: Family member is defined by subsection 23(1).

family trust, in relation to a person, means a trust where a member of the person’s family group benefits, or is capable (whether by the exercise of a power of appointment or otherwise) of benefiting, under the trust.

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

(1) Unless the Secretary otherwise determines, work undertaken by a person is taken not to be gainful work for the purposes of this Part if the work consists of carrying out:

(a) domestic tasks; or

(b) household maintenance tasks; or

(d) similar tasks;

in relation to:

(e) the person’s place of residence; or

(f) if the person has 2 or more places of residence—any of those places of residence.

(2) For the purposes of this section, a place of residence includes:

(a) if the place is a dwelling‑house—any land or building that is adjacent to the dwelling‑house and that is used primarily for private or domestic purposes in association with that dwelling‑house; or

(b) if the place is a flat or home unit—a garage or storeroom that is used for private or domestic purposes in association with the flat or home unit.

93B Evidentiary certificate

Hours worked during full‑year period

(1) The Secretary may, if requested to do so by a member of the pension bonus scheme, issue a written certificate stating that:

(a) the member was an accruing member of the scheme throughout a specified full‑year period; and

(b) the total number of hours gainfully worked by the member during that period was at least a specified number of hours; and

(c) the total number of hours gainfully worked in Australia by the member during that period was at least a specified number of hours.

(2) The Secretary may, if requested to do so by a member of the pension bonus scheme, issue a written certificate stating that:

(a) the member was an accruing member of the scheme throughout a specified full‑year period; and

(b) the total number of hours gainfully worked by a specified person during that period while the person was the partner of the member and was:

(i) an accruing member, or a post‑75 member, of the pension bonus scheme; or

(ii) an accruing member, or a post‑70/75 member, of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act;

was at least a specified number of hours; and

(c) the total number of hours gainfully worked in Australia by a specified person during that period while the person was the partner of the member and was:

(i) an accruing member, or a post‑75 member, of the pension bonus scheme; or

(ii) an accruing member, or a post‑70/75 member, of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act;

was at least a specified number of hours.

Hours worked during part‑year period

(3) The Secretary may, if requested to do so by a member of the pension bonus scheme, issue a written certificate stating:

(a) that the member was an accruing member of the scheme throughout a specified part‑year period; and

(b) the total number of hours gainfully worked by the member during that period; and

(4) The Secretary may, if requested to do so by a member of the pension bonus scheme, issue a written certificate stating:

(a) that the member was an accruing member of the scheme throughout a specified part‑year period; and

(b) the total number of hours gainfully worked by a specified person during that period while the person was the partner of the member and was:

(i) an accruing member, or a post‑75 member, of the pension bonus scheme; or

(ii) an accruing member, or a post‑70/75 member, of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act; and

(c) the total number of hours gainfully worked in Australia by a specified person during that period while the person was the partner of the member and was:

(i) an accruing member, or a post‑75 member, of the pension bonus scheme; or

(ii) an accruing member, or a post‑70/75 member, of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act.

Record‑keeping requirements

(5) If:

(a) a person makes a request for a certificate under subsection (1), (2), (3) or (4) relating to a particular period; and

(b) the applicable record‑keeping requirements have not been complied with in relation to that period (see section 93C);

the Secretary may refuse to issue the certificate.

Non‑accruing membership

(6) The Secretary may, if requested to do so by a member of the pension bonus scheme, issue a written certificate stating that the member was a non‑accruing member of the scheme throughout a specified period.

Evidence

(7) In any proceedings relating to this Part, a certificate under this section is prima facie evidence of the matters in the certificate.

Subdivision C—Record‑keeping requirements

93C Record‑keeping requirements

Record‑keeping requirements for person

(1) For the purposes of the application of paragraph 92U(a) or 92V(1)(a) or subsection 93B(1) or (3) to a person, the applicable record‑keeping requirements have been complied with in relation to a period of the person’s accruing membership of the pension bonus scheme if:

(a) in a case where the person has:

(i) been given a group certificate or payment summary (within the meaning of section 16‑170 in Schedule 1 to the Taxation Administration Act 1953) in respect of any gainful work carried on by the person during that period; or

(ii) lodged an income tax return that relates to any gainful work carried on by the person during that period;

the person would be in a position to produce a copy of the certificate or of the return, as the case may be, to the Secretary if the Secretary were to require the person to produce that copy; and

(b) both:

(i) the person has kept a recognised work record (see subsection (3)) in relation to gainful work carried on by the person during that period; and

(ii) the person would be in a position to produce that record to the Secretary if the Secretary were to require the person to produce that record.

Record‑keeping requirements for partner of person

(2) For the purposes of the application of paragraph 92U(b) or (c) or 92V(1)(b) or (c) or subsection 93B(2) or (4) to a partner of a person, the applicable record‑keeping requirements have been complied with in relation to a period of the person’s accruing membership of the pension bonus scheme if:

(a) in a case where the partner has been given a group certificate or payment summary (within the meaning of section 16‑170 in Schedule 1 to the Taxation Administration Act 1953) in respect of any gainful work carried on by the partner during that period while the partner was a partner of the person and was:

(i) an accruing member, or a post‑75 member, of the pension bonus scheme; or

(ii) an accruing member, or a post‑70/75 member, of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act;

the person would be in a position to produce a copy of the certificate to the Secretary if the Secretary were to require the person to produce that copy; and

(b) in a case where the partner has lodged an income tax return that relates to any gainful work carried on by the partner during that period while the partner was a partner of the person and was:

(i) an accruing member, or a post‑75 member, of the pension bonus scheme; or

(ii) an accruing member, or a post‑70/75 member, of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act;

the person would be in a position to produce a copy of the return to the Secretary if the Secretary were to require the person to produce that copy; and

(c) in any case—the partner has kept a recognised work record (see subsection (3)) in relation to any gainful work carried on by the partner during that period while the partner was a partner of the person and was:

(i) an accruing member, or a post‑75 member, of the pension bonus scheme; or

(ii) an accruing member, or a post‑70/75 member, of the corresponding scheme under Part IIIAB of the Veterans’ Entitlements Act;

and the person would be in a position to produce that record to the Secretary if the Secretary were to require the person to produce that record.

Recognised work record

(3) For the purposes of this section, a recognised work record, in relation to a person, is a written statement signed by the person that sets out, in relation to gainful work carried on by the person during a particular period:

(a) the nature of the gainful work; and

(b) the dates on which the gainful work was carried on; and

(d) the total number of hours gainfully worked in Australia; and

(e) in a case where any of the gainful work was carried on in the capacity of employee—the name or names of the employer or employers concerned; and

(f) such other particulars as the Secretary requires.

Division 6—Amount of pension bonus

93D How to calculate the amount of pension bonus

(1) To calculate the amount of a person’s pension bonus:

(a) work out which of the person’s bonus periods count as qualifying bonus periods (see section 93E);

(b) work out the person’s overall qualifying period (see section 93F);

(d) work out the person’s annual pension rate (see section 93H);

(e) apply the appropriate formula in section 93J.

Note: Bonus period is defined by section 92T.

(2) For the purposes of this Division, a number of years is to be calculated to 3 decimal places. However, if a number worked out in accordance with this subsection would, if it were calculated to 4 decimal places, end in a digit that is greater than 4, the number is to be increased by 0.001.

93E Qualifying bonus periods

(1) For the purposes of this Division, if a person has accrued only one bonus period, that bonus period is the person’s qualifying bonus period.

(2) For the purposes of this Division, if a person has accrued only 2 bonus periods, each of those bonus periods is a qualifying bonus period.

(3) For the purposes of this Division, if a person has accrued only 3 bonus periods, each of those bonus periods is a qualifying bonus period.

(4) For the purposes of this Division, if a person has accrued only 4 bonus periods, each of those bonus periods is a qualifying bonus period.

(5) For the purposes of this Division, if a person has accrued only 5 bonus periods, each of those bonus periods is a qualifying bonus period.

(6) For the purposes of this Division, if:

(a) a person has accrued more than 5 bonus periods; and

(b) the last bonus period is a full‑year period;

each of the 5 most recent bonus periods are qualifying bonus periods.

(7) For the purposes of this Division, if:

(a) a person has accrued more than 5 bonus periods; and

(b) the last bonus period is a part‑year period;

each of the 5 most recent full‑year bonus periods are qualifying bonus periods.

93F Overall qualifying period

(1) For the purposes of this Division, if a person has only one qualifying bonus period, that period is the person’s overall qualifying period.

(2) For the purposes of this Division, if a person has 2 or more qualifying bonus periods, the person’s overall qualifying period is the period:

(a) beginning at the start of the first qualifying bonus period; and

(b) ending at the end of the last qualifying bonus period.

However, any period of non‑accruing membership of the pension bonus scheme is taken not to form part of the person’s overall qualifying period.

93G Pension multiple

For the purposes of this Division, a person’s pension multiple is worked out using the formula:

93H Annual pension rate

Application

(1) This section sets a person’s annual pension rate for the purposes of this Division if the start day for the age pension is on or after 20 September 2009.

Note: See clause 144 of Schedule 1A if the start day is before 20 September 2009.

If person is not permanently blind

(2) If the person is not permanently blind, the person’s annual pension rate is the rate that would be the person’s provisional annual payment rate under step 11 of the method statement in point 1064‑A1, worked out as at the start day for the age pension, if the maximum payment rate under step 4 of the method statement were the total of:

(a) the person’s maximum basic rate under point 1064‑B1; and

(b) the amount worked out for the person using the table in subsection (4).

(2A) The annual pension rate is to be worked out under subsection (2) by disregarding the amendments made by Part 1 of Schedule 1 to the Social Services and Other Legislation Amendment (Simplifying Income Reporting and Other Measures) Act 2020.

If person is permanently blind

(3) If the person is permanently blind, the person’s annual pension rate is the sum of the following, worked out as at the start day for the age pension:

(a) the person’s maximum basic rate in the table in point 1065‑B1;

(b) the amount worked out for the person using the table in subsection (4).

Amount for paragraphs (2)(b) and (3)(b)

(4) For the purposes of paragraphs (2)(b) and (3)(b), the table is as follows:

Amount for paragraphs (2)(b) and (3)(b)
Column 1 Item	Column 2 Person’s family situation	Column 3 Amount
1	Not member of a couple	$507.00
2	Partnered	$423.80
3	Member of illness separated couple	$507.00
4	Member of respite care couple	$507.00
5	Partnered (partner in gaol)	$507.00

Note 1: For member of a couple, partnered, illness separated couple, respite care couple and partnered (partner in gaol) see section 4.

Note 2: The amounts are indexed 6 monthly in line with CPI increases (see sections 1191 to 1194).

93J Amount of pension bonus

No change in couple status during overall qualifying period

(1) If:

(a) a person was a member of a couple throughout the person’s overall qualifying period; or

(b) a person was not a member of a couple at any time during the person’s overall qualifying period;

the amount of the person’s pension bonus is worked out using the following formula (for rounding up, see subsection (7)):

Change in couple status during overall qualifying period

(2) If subsection (1) does not apply to a person, the amount of the person’s pension bonus is worked out using the following formula (for rounding up, see subsection (7)):

Start formula open bracket Annual notional single pension rate times Pension multiple times No. of single years during overall qualifying period close bracket plus open bracket Annual notional partnered pension rate times Pension multiple times No. of partnered years during overall qualifying period close bracket end formula

(3) For the purposes of this section, a person’s annual notional single pension rate is equal to:

(a) if the person is not permanently blind—the adjusted percentage of the sum of:

(i) the person’s maximum basic rate under Table B in point 1064‑B1; and

(ii) the amount worked out for the person using the table in subsection 93H(4);

calculated in each case as at the start day for the age pension and assuming that the person was not a member of a couple at that day; or

(b) if the person is permanently blind—the sum of:

(i) the person’s maximum basic rate under Table B in point 1065‑B1; and

(ii) the amount worked out for the person using the table in subsection 93H(4);

calculated in each case as at the start day for the age pension and assuming that the person was not a member of a couple at that day.

(4) For the purposes of this section, a person’s annual notional partnered pension rate is equal to:

(a) if the person is not permanently blind—the adjusted percentage of the sum of:

(i) the person’s maximum basic rate under Table B in point 1064‑B1; and

(ii) the amount worked out for the person using the table in subsection 93H(4);

calculated in each case as at the start day for the age pension and assuming that the person was a member of a couple at that day; or

(b) if the person is permanently blind—the sum of:

(i) the person’s maximum basic rate under Table B in point 1065‑B1; and

(ii) the amount worked out for the person using the table in subsection 93H(4);

calculated in each case as at the start day for the age pension and assuming that the person was a member of a couple at that day.

(5) For the purposes of this section, a person’s adjusted percentage is the percentage worked out using the following formula (for rounding up, see subsection (8)):

$Start formula start fraction Annual pension rate over Maximum basic rate end fraction times 100 end formula$

where:

maximum basic rate is the sum of the person’s maximum basic rate worked out using Module B of Pension Rate Calculator A in section 1064 and the amount worked out for the person using the table in subsection 93H(4).

(6) For the purposes of this section:

(a) the number of single years during the overall qualifying period is the number of years during the overall qualifying period when the person was not a member of a couple; and

(b) the number of partnered years during the overall qualifying period is the number of years during the overall qualifying period when the person was a member of a couple.

Rounding up

(7) An amount calculated under subsection (1) or (2) is to be rounded to the nearest 10 cents (with 5 cents being rounded up).

(8) A percentage worked out under subsection (5) is to be calculated to 3 decimal places. However, if a percentage worked out under subsection (5) would, if it were calculated to 4 decimal places, end in a digit that is greater than 4, the percentage is to be increased by 0.001.

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

(1) The Secretary may determine (a top up determination) that a person’s pension bonus is to be increased if:

(a) the Secretary makes a determination (a rate determination) increasing the person’s rate of age pension; and

(b) the rate determination takes effect on a day that is not more than 13 weeks after the start day for the person’s pension bonus; and

(i) the value of the person’s assets;

(ii) the person’s ordinary income.

Note: Any reduction in the value of a person’s assets or the person’s income will be determined by applying the assets test and the ordinary income test in Pension Rate Calculator A in Part 3.2 (including because of the operation of Pension Rate Calculator B in Part 3.3).

(2) The person’s pension bonus is increased by the difference between:

(a) the person’s amount of pension bonus on the start day; and

(b) the amount that would have been the person’s amount of pension bonus on the start day if the person’s rate of age pension on that day had been the highest rate at which age pension was payable to the person during the 13 weeks after the start day.

(3) A top up determination takes effect on the day on which the determination is made or on any earlier or later day specified in the determination.

(4) A top up determination is not a legislative instrument.

93L Top up of pension bonus in specified circumstances

(1) The Secretary may determine (a top up determination) that a person’s pension bonus is to be increased if:

(a) the Secretary makes a determination (a rate determination) increasing the person’s rate of age pension; and

(b) the rate of age pension is increased in circumstances specified in an instrument made under subsection (6).

(2) The person’s pension bonus is increased by the amount specified by the Secretary in the top up determination.

(3) The Secretary must not specify an increase that would be greater than the difference between:

(a) the person’s amount of pension bonus on the start day for the bonus; and

(b) the amount that would have been the person’s amount of pension bonus on the start day if the person’s rate of age pension on that day had been the rate specified in the rate determination.

(4) A top up determination takes effect on the day on which the determination is made or on any earlier or later day specified in the determination.

(5) A top up determination is not a legislative instrument.

(6) The Secretary may, by legislative instrument, specify circumstances (other than circumstances specified in subsection 93K(1)) for the purposes of paragraph (1)(b).

Division 11—Preclusion periods

93U Disposal preclusion period—disposals before 1 July 2002

(1A) This section applies only to disposals of assets that took place before 1 July 2002.

(1) For the purposes of this Part, if:

(a) either:

(i) a person has, during a designated year of the person, disposed of an asset of the person; or

(ii) the partner of a person has, during a designated year of the person, disposed of an asset of the partner; and

(b) the amount of that disposition, or the sum of that amount and of the amounts (if any) of other dispositions of assets previously made by the person and/or the person’s partner during that designated year, exceeds $10,000;

the person is subject to a disposal preclusion period throughout the period of 5 years that starts on the day on which the disposition referred to in paragraph (a) took place.

Note: Designated year is defined by subsection (3).

(2) For the purposes of this Part, if:

(a) a person ceases to be a member of a couple (whether because of the death of the person’s partner or for any other reason); and

(b) immediately before the cessation, the person was subject to a particular disposal preclusion period that arose wholly because the person’s partner disposed of a particular asset; and

then, despite subsection (1), that disposal preclusion period ends at the cessation.

(3) For the purposes of this section, a designated year of a person is:

(a) the 12‑month period ending on the day the person qualified for age pension; and

(b) each preceding 12‑month period; and

(4) This section applies to a disposal even if the disposal took place before the commencement of this section.

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

A person is subject to a disposal preclusion period throughout any period for which an amount is included in the value of the person’s assets under section 1126AA, 1126AB, 1126AC, 1126AD or 1126E (so far as section 1126E relates to section 1126AA, 1126AB, 1126AC or 1126AD).

93V Compensation preclusion period

(1) For the purposes of this Part, if a person receives a lump sum compensation payment, the person is subject to a compensation preclusion period throughout the lump sum preclusion period.

(2) For the purposes of this Part, if a person receives a series of periodic compensation payments, the person is subject to a compensation preclusion period throughout the periodic payments period.

(3) This section applies to a payment even if it was received before the commencement of this section.

93W Carer preclusion period

(1) For the purposes of this Part, if a person receives:

(a) a carer payment; or

(b) a carer service pension; or

(c) an income support supplement that is payable as a result of the operation of subclause 8(3) of Schedule 5 to the Veterans’ Entitlements Act;

during a particular period, the person is subject to a carer preclusion period throughout that period.

Note: Subclause 8(3) of Schedule 5 to the Veterans’ Entitlements Act deals with income support supplement for carers.

(2) This section applies to a carer payment, a carer service pension or an income support supplement even if it was received before the commencement of this section.

Division 12—Pension bonus bereavement payment

93WA Qualification for pension bonus bereavement payment

A person is qualified for a pension bonus bereavement payment if:

(a) the person stopped being a member of a couple because the person’s partner died; and

(b) immediately before the partner died, the partner was a registered member of the pension bonus scheme; and

93WB Amount of pension bonus bereavement payment

(1) The amount of a person’s pension bonus bereavement payment is worked out:

(a) by working out the amount of pension bonus that would have been payable to the legal personal representative of the partner had the partner made claims for age pension and pension bonus just before the partner died (see subsections 59(3) and (4) of the Administration Act); and

(b) by disregarding, in working out the amount referred to in paragraph (a):

(i) any PBBP employment income of the person (see section 93WC); and

(ii) any income of a kind specified in an instrument made under subsection (2).

(2) The Secretary may, by legislative instrument, specify kinds of income for the purposes of subparagraph (1)(b)(ii).

93WC Definition of PBBP employment income

(1) PBBP employment income, of a person:

(a) means ordinary income that is, or is taken to be, earned, derived or received by the person or the person’s partner from gainful work; and

(b) includes (without limitation) any of the following that is, or is taken to be, earned, derived or received by the person or the person’s partner:

(i) salary, wages, commissions and employment‑related fringe benefits;

(ii) leave payments;

(iii) payments to the person or the person’s partner by a former employer of the person or partner in relation to the termination of the person’s or partner’s employment.

(2) For the purposes of subparagraph (1)(b)(ii), a leave payment:

(a) includes a payment in respect of sick leave, personal leave, carer’s leave, annual leave, maternity leave, long service leave or special leave; and

(aa) includes an instalment of parental leave pay; and

(b) may be made as a lump sum payment, a series of regular payments or otherwise; and

(i) at the direction of the person or of a court; or

(ii) on behalf of the person; or

(iii) for the benefit of the person; or

(iv) if the person waives or assigns his or her right to the payment.

Part 2.3—Disability support pension

Division 1—Qualification for and payability of disability support pension

94 Qualification for disability support pension

(1) A person is qualified for disability support pension if:

(a) the person has a physical, intellectual or psychiatric impairment; and

(b) the person’s impairment is of 20 points or more under the Impairment Tables; and

(i) the person has a continuing inability to work;

(ii) the Secretary is satisfied that the person is participating in the program administered by the Commonwealth known as the supported wage system; and

(d) the person has turned 16; and

(da) in a case where the following apply:

(i) the person is under 35 years of age or is a reviewed 2008‑2011 DSP starter;

(ii) the Secretary is satisfied that the person is able to do work that is for at least 8 hours per week on wages at or above the relevant minimum wage and that exists in Australia, even if not within the person’s locally accessible labour market;

(iii) if the person has one or more dependent children—the youngest dependent child is 6 years of age or over;

the person meets any participation requirements that apply to the person under section 94A; and

(e) the person either:

(i) is an Australian resident at the time when the person first satisfies paragraph (c); or

(ii) has 10 years qualifying Australian residence, or has a qualifying residence exemption for a disability support pension; or

(iii) is born outside Australia and, at the time when the person first satisfies paragraph (c) the person:

(A) is not an Australian resident; and

(B) is a dependent child of an Australian resident;

and the person becomes an Australian resident while a dependent child of an Australian resident; and

(ea) one of the following applies:

(i) the person is an Australian resident;

(ia) the person is absent from Australia and the Secretary has made a determination in relation to the person under subsection 1218AAA(1);

(ii) the person is absent from Australia and all the circumstances described in paragraphs 1218AA(1)(a), (b), (c), (d) and (e) exist in relation to the person.

Note 1: For Australian resident, qualifying Australian residence and qualifying residence exemption see section 7.

Note 2: For Impairment Tables see subsection 23(1) and sections 26 and 27.

Note 3: A person receiving disability support pension, and who receives employment services from a remote engagement program provider, may also qualify for a remote engagement program payment: see Part 2.13.

Continuing inability to work

(2) A person has a continuing inability to work because of an impairment if the Secretary is satisfied that:

(aa) in a case where the person’s impairment is not a severe impairment within the meaning of subsection (3B) or the person is a reviewed 2008‑2011 DSP starter who has had an opportunity to participate in a program of support—the person has actively participated in a program of support within the meaning of subsection (3C), and the program of support was wholly or partly funded by the Commonwealth; and

(a) in all cases—the impairment is of itself sufficient to prevent the person from doing any work independently of a program of support within the next 2 years; and

(b) in all cases—either:

(i) the impairment is of itself sufficient to prevent the person from undertaking a training activity during the next 2 years; or

(ii) if the impairment does not prevent the person from undertaking a training activity—such activity is unlikely (because of the impairment) to enable the person to do any work independently of a program of support within the next 2 years.

Note: For work see subsection (5).

(3) In deciding whether or not a person has a continuing inability to work because of an impairment, the Secretary is not to have regard to:

(a) the availability to the person of a training activity; or

(b) the availability to the person of work in the person’s locally accessible labour market.

(3A) If:

(a) a person is receiving disability support pension; and

(b) the Secretary gives the person a notice under subsection 63(2) or (4) of the Administration Act in relation to assessing the person’s qualification for that pension; and

then paragraph (2)(aa) of this section does not apply in relation to that assessment.

Severe impairment

(3B) A person’s impairment is a severe impairment if the person’s impairment is of 20 points or more under the Impairment Tables, of which 20 points or more are under a single Impairment Table.

Example 1: A person’s impairment is of 30 points under the Impairment Tables, made up of 20 points under one Impairment Table and 10 points under another Impairment Table. The person has a severe impairment.

Example 2: A person’s impairment is of 40 points under the Impairment Tables, made up of 20 points under one Impairment Table and 20 points under another Impairment Table. The person has a severe impairment.

Example 3: A person’s impairment is of 20 points under the Impairment Tables, made up of 10 points each under 2 separate Impairment Tables. The person does not have a severe impairment.

Active participation in a program of support

(3C) A person has actively participated in a program of support if the person has satisfied the requirements specified in a legislative instrument made by the Minister for the purposes of this subsection.

(3D) The Secretary must comply with any guidelines in force under subsection (3E) in deciding whether the Secretary is satisfied as mentioned in paragraph (2)(aa).

(3E) The Minister may, by legislative instrument, make guidelines for the purposes of subsection (3D).

Doing work independently of a program of support

(4) A person is treated as doing work independently of a program of support if the Secretary is satisfied that to do the work the person:

(a) is unlikely to need a program of support; or

(b) is likely to need a program of support provided occasionally; or

Other definitions

(5) In this section:

program of support means a program that:

(a) is designed to assist persons to prepare for, find or maintain work; and

(b) either:

(i) is funded (wholly or partly) by the Commonwealth; or

(ii) is of a type that the Secretary considers is similar to a program that is designed to assist persons to prepare for, find or maintain work and that is funded (wholly or partly) by the Commonwealth.

reviewed 2008‑2011 DSP starter means a person for whom all the following conditions are met:

(a) the person made (or is taken to have made) a claim for disability support pension before 3 September 2011;

(b) a determination granting the claim took effect after 2007;

(c) on or after 1 July 2014 the person was given a notice under subsection 63(2) or (4) of the Administration Act in relation to assessing the person’s qualification for that pension;

(d) when the notice was given, the person was under 35 years of age;

(e) before the notice was given, either:

(i) there was a record that the Secretary was satisfied that the person was able to do work that was for at least 8 hours per week on wages at or above the relevant minimum wage and that existed in Australia, even if not within the person’s locally accessible labour market; or

(ii) there was no record that the Secretary had considered whether the person was able to do work described in subparagraph (i);

(f) after the notice was given, the Secretary decided not to determine under section 80 of the Administration Act that the disability support pension for the person is to be cancelled;

(g) as a result of the assessment involving the notice, the Secretary is satisfied that the person:

(i) does not have a severe impairment within the meaning of subsection (3B); and

(ii) is able to do work that is for at least 8 hours per week on wages at or above the relevant minimum wage and that exists in Australia, even if not within the person’s locally accessible labour market;

(h) the person does not have a dependent child under 6 years of age.

Note 1: Section 63 of the Administration Act lets the Secretary notify a person that the person must give information to the Secretary or undergo a medical, psychiatric or psychological examination and give the Secretary a report on the examination.

Note 2: Section 80 of the Administration Act lets the Secretary determine that disability support pension paid to a person is to be cancelled if the person is not or was not qualified for the pension, or if the pension is not or was not payable to the person (which may apply because the person did not comply with the notice under section 63 of that Act).

training activity means one or more of the following activities, whether or not the activity is designed specifically for people with physical, intellectual or psychiatric impairments:

(a) education;

(b) pre‑vocational training;

(d) vocational rehabilitation;

(e) work‑related training (including on‑the‑job training).

work means work:

(a) that is for at least 15 hours per week on wages that are at or above the relevant minimum wage; and

(b) that exists in Australia, even if not within the person’s locally accessible labour market.

Person not qualified in certain circumstances

(6) A person is not qualified for a disability support pension on the basis of a continuing inability to work if the person brought about the inability with a view to obtaining a disability support pension or with a view to obtaining an exemption, because of the person’s incapacity, from:

(a) the requirement to satisfy the activity test for the purposes of austudy payment; or

(b) undertaking full‑time study (see section 541B); or

(c) the requirement to satisfy the employment pathway plan requirements for the purposes of jobseeker payment or youth allowance.

94A Participation requirements

(1) The participation requirements are as follows:

(a) the person must enter into a participation plan when the person is required by the Secretary under section 94B to do so;

(b) if a participation plan is in force in relation to the person—the person must enter into another participation plan (instead of the existing one) if required by the Secretary under section 94B to do so;

(c) while a participation plan is in force in relation to the person, the person must comply with the requirements in the plan.

(2) However, this section does not apply to the person during a period when the person is covered by a participation exemption under section 94C, 94D, 94E or 94F.

94B Participation plans

(1) If a participation plan is not in force in relation to the person, the Secretary may require the person to enter into a participation plan under this section.

(2) If a participation plan is in force in relation to the person, the Secretary may require the person to enter into another participation plan instead of the existing one.

Notice of requirement

(3) The Secretary is to give the person notice of:

(a) the requirement; and

(b) the place and time at which the participation plan is to be entered into.

Suitable requirements

(4) A participation plan that is in force in relation to a person must contain one or more terms (the requirements) that:

(a) the person is required to comply with; and

(b) the Secretary regards as suitable for the person.

Approval of requirements

(5) The requirements in a plan are to be approved by the Secretary.

Optional terms

(6) A participation plan may also contain one or more terms that the person may, but is not required to, comply with.

Form of plan

(7) A participation plan must be in a form approved by the Secretary.

94C Illness or accident

(1) A person is covered by a participation exemption if the Secretary is satisfied that the person is temporarily unable to meet the participation requirements because of illness or an accident.

(1A) Subsection (1) does not apply to illness, or an accident, wholly or predominantly attributable to the person’s dependence on alcohol or another drug, unless the person is a declared program participant.

(2) The person is covered by the participation exemption for a period determined by the Secretary.

(3) In deciding whether he or she is satisfied as mentioned in subsection (1), the Secretary may request the person to give the Secretary a certificate from a medical practitioner.

(4) Subsection (3) does not limit subsection (1).

(5) A determination under subsection (2) is not a legislative instrument.

94D Pre‑natal and post‑natal relief

(1) A pregnant woman is covered by a participation exemption for the period that starts 6 weeks before the woman’s expected date of confinement and ends on the day on which the woman gives birth to the child (whether or not the child is born alive).

(2) If a woman gives birth to a child (whether or not the child is born alive), the woman is covered by a participation exemption for the period that starts on the day on which she gives birth to the child and ends 6 weeks after that day.

94E Supported employment

(1) A person is covered by a participation exemption for a period if:

(a) the person is employed throughout the period; and

(b) the work undertaken by the person in the course of that employment is for wages set in accordance with the program administered by the Commonwealth known as the supported wage system.

(2) A person is covered by a participation exemption for a period if the person is throughout the period:

(a) in employment that is supported by supported employment services within the meaning of section 7 of the former Disability Services Act 1986; or

(b) in employment that is supported by supports or services that are specified in an instrument under subsection (3) of this section and are provided under an arrangement or grant under the Disability Services and Inclusion Act 2023.

(3) The Secretary may, by legislative instrument, specify supports or services for the purposes of paragraph (2)(b). The supports or services must be employment supports or services within the meaning of the Disability Services and Inclusion Act 2023.

94F Special circumstances

(1) A person is covered by a participation exemption for a period determined by the Secretary if:

(a) the Secretary is satisfied that special circumstances, beyond the person’s control, exist; and

(b) the Secretary is satisfied that in those circumstances it would be unreasonable to expect the person to meet the participation requirements for that period.

(1A) Subsection (1) does not apply to circumstances wholly or predominantly attributable to the person’s misuse of alcohol or another drug, unless the person is a declared program participant.

(2) The period determined under subsection (1) must not exceed 13 weeks.

(3) A determination under subsection (1) is not a legislative instrument.

95 Qualification for disability support pension—permanent blindness

(1) A person is qualified for a disability support pension if:

(a) the person is permanently blind; and

(b) the person has turned 16; and

(i) is an Australian resident at the time when the person first satisfies paragraph (a); or

(ii) has 10 years qualifying Australian residence; or

(iia) has a qualifying residence exemption for a disability support pension; or

(iii) is born outside Australia and, at the time when the person first satisfies paragraph (a), the person:

(A) is not an Australian resident; and

(B) is a dependent child of an Australian resident;

and the person becomes an Australian resident while a dependent child of an Australian resident; and

(d) one of the following applies:

(i) the person is an Australian resident;

(ia) the person is absent from Australia and the Secretary has made a determination in relation to the person under subsection 1218AAA(1);

(ii) the person is absent from Australia and all the circumstances described in paragraphs 1218AA(1)(a), (b), (c), (d) and (e) exist in relation to the person.

Note: For Australian resident and qualifying Australian residence see section 7.

Person not qualified in certain circumstances

(2) A person is not qualified for a disability support pension on the basis of blindness if the person brought about the blindness with a view to obtaining a disability support pension or with a view to obtaining an exemption, because of the person’s blindness, from:

(a) the requirement to satisfy the activity test for the purposes of austudy payment; or

(b) undertaking full‑time study (see section 541B); or

(c) the requirement to satisfy the employment pathway plan requirements for the purposes of jobseeker payment or youth allowance.

96 Continuation of disability support pension

(1) This section applies to a person if:

(a) the person is receiving disability support pension; and

(b) the person would, apart from this section, cease to be qualified for disability support pension because the person obtains paid work that is for:

(i) at least 15 hours per week; but

(ii) less than 30 hours per week.

(2) A person to whom this section applies continues to be qualified for disability support pension.

(3) However, subsection (2) does not apply if, apart from that subsection, the person would cease to be qualified for disability support pension for the reason described in paragraph (1)(b) in the period:

(a) starting when the person becomes a reviewed 2008‑2011 DSP starter as defined in subsection 94(5); and

(b) ending at the first time, after the person becomes a reviewed 2008‑2011 DSP starter, at which the Secretary reviews the determination granting disability support pension to the person.

98 Disability support pension not payable if pension rate nil

(1) Subject to subsection (2), a disability support pension is not payable to a person if the person’s disability support pension rate would be nil.

103 Multiple entitlement exclusion

(1) A disability support pension is not payable to a person if the person is already receiving a service pension or a veteran payment.

(2) If:

(a) a person is receiving a disability support pension; and

(b) another social security pension, a social security benefit, a service pension or a veteran payment becomes payable to the person;

the disability support pension is not payable to the person.

Note 1: Another payment type will generally not become payable to the person until the person claims it.

Note 2: Social security benefit includes jobseeker payment.

(3) A disability support pension is not payable to a person who:

(a) is an armed services widow or an armed services widower; and

(b) is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; and

(c) is receiving income support supplement under Part IIIA of that Act or would be eligible for income support supplement under that Part if he or she made a claim under section 45I of that Act.

(4) Subsection (3) does not apply if:

(a) the person:

(i) was on 20 March 1995 receiving; and

(ii) has from that day continuously received; and

(iii) is receiving;

the disability support pension; and

(b) the person elected under subsection 45E(2) of the Veterans’ Entitlements Act, or is taken under subsection 45E(3) of that Act to have elected, to continue to receive the disability support pension.

(5) Subsection (3) does not apply if:

(a) before 20 March 1995, the person had made a claim for disability support pension; and

(d) the person has since that time continued to receive, and is receiving, the pension.

(6) Subsection (3) does not apply if:

(a) before 20 March 1995:

(i) the person had made a claim for disability support pension; and

(ii) the claim had been rejected; and

(iii) the person had applied, under Chapter 6, for a review of the decision to reject the claim; and

(c) on or after 20 March 1995, the decision to reject the claim was set aside and the person was granted disability support pension; and

(d) the person has since that time continued to receive, and is receiving, the pension.

(7) A disability support pension is not payable to a person who:

(a) is an armed services widow or an armed services widower; and

(c) is receiving income support supplement or would be eligible for income support supplement if he or she made a claim under section 45I of the VEA.

Note 1: For armed services widow and armed services widower see subsection 4(1).

Note 2: For MRCA and VEA see subsection 23(1).

103A Exclusion of certain participants in ABSTUDY Scheme

(1) If:

(a) a payment is made in respect of a person under the ABSTUDY Scheme; and

(b) the payment is made on the basis that the person is a full‑time student; and

(d) the payment relates to a period;

disability support pension is not payable to the person in respect of any part of the period.

(2) If:

(a) a person is qualified for a payment under the ABSTUDY Scheme; and

(b) the payment for which the person is qualified is a payment that:

(i) is made on the basis that the person is a full‑time student; and

(ii) is calculated on the basis that an amount identified as living allowance (the basic payment) is included; and

(iii) relates to a period;

disability support pension is not payable to the person in respect of any part of the period.

(3) If:

(a) a person may enrol in a full‑time course of education; and

(b) a payment referred to in subsection (2) may be made in respect of the person;

the Secretary may decide that, in spite of subsection (2), disability support pension is payable to the person before the person starts the course.

104 Seasonal workers—preclusion period

(1) This section applies if:

(a) a person has lodged a claim for disability support pension; and

(b) the person qualifies, under section 94, for disability support pension; and

(c) at any time during the 6 months immediately before the day on which the person lodged the claim, the person, or the person’s partner, has been engaged in seasonal work.

Note: For seasonal work see subsection 16A(1).

(2) Disability support pension is not payable to the person:

(a) if the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act) and the Secretary has not made a determination under subsection (3) in relation to the person—for the person’s seasonal work preclusion period; or

(b) if the Secretary has made a determination under subsection (3) in relation to the person—for that part (if any) of the person’s seasonal work preclusion period to which the person is subject as a result of the determination.

Note: For seasonal work preclusion period see subsection 16A(1).

(3) If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while the person is subject to a seasonal work preclusion period (whether in relation to the claim referred to in subsection (1) or any other claim under this Act):

(a) the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and

(b) the determination has effect accordingly.

Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) or subsection 19C(3) (person who is a member of a couple).

Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).

Division 5—Rate of disability support pension

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

A person’s disability support pension rate is worked out:

(a) if the person is not permanently blind and paragraph (b) does not apply to the person—using Pension Rate Calculator A at the end of section 1064 (see Part 3.2); or

(b) if the person is not permanently blind, has not turned 21 and does not have any dependent children—using Pension Rate Calculator D at the end of section 1066A (see Part 3.4A); or

(c) if the person is permanently blind and paragraph (d) does not apply to the person—using Pension Rate Calculator B at the end of section 1065 (see Part 3.3); or

(d) if the person is permanently blind, has not turned 21 and does not have any dependent children—using Pension Rate Calculator E at the end of section 1066B (see Part 3.4B).

Note: For dependent child see section 5.

118 Approved program of work supplement

If a person:

(a) is receiving a disability support pension; and

(b) is participating in an approved program of work for income support payment;

the rate of the person’s disability support pension is increased by an amount of $20.80, to be known as the approved program of work supplement, for each fortnight during which the person participates in the program.

119 Approved program of work supplement not payable in certain circumstances

An approved program of work supplement is not payable to a person in respect of a fortnight if pensioner education supplement under Part 2.24A or under ABSTUDY is payable to the person in respect of a day in the fortnight.

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

A person is not taken to be:

(a) a worker carrying out work in any capacity for the Commonwealth, or an employee of the Commonwealth, for the purposes of the Work Health and Safety Act 2011; or

(b) an employee within the meaning of section 5 of the Safety, Rehabilitation and Compensation Act 1988; or

(d) an employee for the purposes of the Fair Work Act 2009;

merely by participating in an approved program of work for income support payment in accordance with the terms of an agreement with the Secretary for the purposes of this Part.

Division 10—Bereavement payments

Subdivision A—Death of partner

146F Qualification for payments under this Subdivision

(1) If:

(a) a person is receiving disability support pension; and

(b) the person is a member of a couple; and

(d) immediately before the partner died, the partner:

(i) was receiving a social security pension; or

(ii) was receiving a service pension, income support supplement or a veteran payment; or

(iii) was a long‑term social security recipient; and

(i) the amount that would otherwise be payable to the person under section 146J (person’s continued rate) on that payday; and

(ii) the amount that would otherwise be payable to the person under section 146G (continued payment of partner’s pension or benefit) on the partner’s payday immediately before the first available bereavement adjustment payday;

the person is qualified for payments under this Subdivision to cover the bereavement period.

Note 1: Section 146G provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person’s partner during that period if the partner had not died.

Note 2: Section 146H provides for a lump sum that represents the instalments that would have been paid to the person’s partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.

(1A) If:

(a) a person is receiving a disability support pension; and

(b) immediately before starting to receive the disability support pension the person was receiving partner bereavement payments; and

the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.

(2) A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.

Note: If a person makes an election, the date of effect of any determination to increase the person’s rate of age pension may, in some circumstances, be the day on which the person’s partner died (see subsection 146D(5A)).

(3) An election under subsection (2):

(a) must be made by written notice to the Secretary; and

(b) may be made after the person has been paid an amount or amounts under this Subdivision; and

(4) If a person is qualified for payments under this Subdivision in relation to the partner’s death, the rate at which disability support pension is payable to the person during the bereavement period is, unless the person has made an election under subsection (2), governed by section 146J.

(5) For the purposes of this section, a person is a long‑term social security recipient if:

(a) the person is receiving a social security benefit; and

(b) in respect of the previous 12 months, the person:

(i) was receiving a social security pension; or

(ii) was receiving a social security benefit; or

(iia) was receiving a youth training allowance; or

(iii) was receiving a service pension, income support supplement or a veteran payment.

(6) A person is taken to satisfy the requirements of paragraph (5)(b) if:

(a) the person was receiving one or a combination of the payments referred to in that paragraph for a continuous period of 12 months; or

(b) the person was receiving one or a combination of the payments referred to in that paragraph for 46 weeks of the previous 52.

146G Continued payment of deceased partner’s previous entitlement

(a) where the partner was receiving a social security pension or social security benefit—the amount that would have been payable to the partner on the payday if the partner had not died; or

(i) where the first Thursday after the partner’s death was a service payday—precedes the partner’s payday; or

(ii) in any other case—follows the partner’s payday;

if the partner had not died.

146H Lump sum payable in some circumstances

If:

(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

(b) the first available bereavement adjustment payday occurs before the end of the bereavement period;

there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

Method statement

Step 1. Work out the amount that would have been payable to the person on the partner’s payday immediately before the first available bereavement adjustment payday if:

(a) the person’s partner had not died; and

(b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 2. Work out the amount that would have been payable to the person’s partner on the partner’s payday or service payday immediately before the first available bereavement adjustment payday if:

(a) the partner had not died; and

(b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 3. Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4. Work out the amount that, but for section 146J, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday: the result is called the person’s individual rate.

Step 5. Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 6. Work out the number of paydays of the partner in the bereavement lump sum period.

Step 7. Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable to the person under this section.

146J Adjustment of person’s disability support pension rate

If:

(a) a person is qualified for payments under this Subdivision; and

(b) the person does not elect under subsection 146F(2) not to receive payments under this Subdivision;

the rate of the person’s disability support pension during the bereavement period is worked out as follows:

(c) during the bereavement rate continuation period, the rate of disability support pension payable to the person is the rate at which the pension would have been payable to the person if:

(i) the person’s partner had not died; and

(ii) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple;

(d) during the bereavement lump sum period (if any), the rate at which disability support pension is payable to the person is the rate at which the disability support pension would be payable to the person apart from this Subdivision.

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

If:

(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

(b) the person dies within the bereavement period; and

there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

Method statement

Step 1. Work out the amount that would have been payable to the person on the person’s payday immediately after the day on which the person died if:

(a) neither the person nor the person’s partner had died; and

(b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 2. Work out the amount that would have been payable to the partner on the partner’s payday or service payday immediately after the day on which the person died if:

(a) neither the person nor the partner had died; and

(b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 3. Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4. Work out the amount that, but for section 97 of the Administration Act, would have been payable to the person on the person’s payday immediately after the day on which the person died if the person had not died: the result is called the person’s individual rate.

Step 5. Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 6. Work out the number of paydays of the partner in the period that commences on the day on which the person dies and ends on the day on which the bereavement period ends.

Step 7. Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section.

146L Matters affecting payment of benefits under this Subdivision

(1) If:

(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

the following provisions have effect:

(e) the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b).

(2) If:

(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

(c) the bank pays to the person, out of that account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);

Subdivision C—Death of recipient

146Q Death of recipient

(1) If:

(a) a person is receiving disability support pension; and

(b) either:

(i) the person is not a member of a couple; or

(ii) the person is a member of a couple and the person’s partner:

(A) is not receiving a social security pension; and

Note: For the death of a person qualified for bereavement payments under Subdivision A, see section 146K.

Part 2.5—Carer payment

Division 1A—Interpretation

197 Definitions

(1) In this Part, unless the contrary intention appears:

Adult Disability Assessment Tool has the meaning given by subsection 38C(3).

care includes attention and supervision.

care child means:

(a) a sole care child; or

(b) a combined care child; or

care receiver has the meaning given by subsection 197B(1), 197C(1), 197D(1), 197E(1), 197G(1), 197H(1) or 198(2).

combined care child has the meaning given by subsection (4).

Disability Care Load Assessment (Child) Determination has the meaning given by subsection 38E(1).

disabled adult means a person aged 16 or more who:

(a) has a physical, intellectual or psychiatric disability; and

(b) is likely to suffer from that disability permanently or for an extended period.

higher ADAT score adult means a disabled adult who is a care receiver because paragraph 198(2)(a) applies.

lower ADAT score adult means a disabled adult who is a care receiver because subparagraph 197D(1)(a)(i), or paragraph 198(2)(d) applies.

multiple care child has the meaning given by subsection (5).

parent of:

(a) a child with a severe disability or severe medical condition; or

(b) a child with a disability or medical condition; or

includes a person who has been granted guardianship of the child under a law of the Commonwealth, a State or a Territory.

sole care child has the meaning given by subsections (2) and (3).

treating health professional means a person who is determined under section 38F to be a treating health professional.

Sole care child

(2) Subject to subsections (5A), (6) and (7), a person with a severe disability or severe medical condition is a sole care child if the provisions listed in one of the following paragraphs apply in relation to him or her as a care receiver:

(a) paragraphs 197B(1)(a), (b) and (c);

(b) subparagraph 197G(1)(a)(i) and paragraphs 197G(1)(b) and (c);

(3) Subject to subsections (3A) and (7), a person who has a terminal condition is a sole care child if paragraphs 197E(1)(a) and (b) apply in relation to the person as a care receiver.

(3A) For the purposes of subsection (3), assume that paragraph 197E(1)(a) continues to apply in relation to the person (the care receiver) after the care receiver turns 16 until the later of the following:

(a) the end of the day before the day the care receiver turns 18;

(b) if a person who qualifies for a carer payment for caring for the care receiver ensures that, on or before the day the care receiver turns 18, the Secretary is given all the information, statements and other materials that are needed in order for the care receiver to be assessed and rated and given a score under the Adult Disability Assessment Tool—the end of the day before the first day on which the care receiver is given such a score.

Combined care child

(4) Subject to subsections (5A), (6) and (7), a person with a disability or medical condition is a combined care child if the provisions listed in one of the following paragraphs apply in relation to him or her as a care receiver or as one of 2 or more care receivers:

(a) paragraphs 197C(1)(a), (b) and (c);

(b) subparagraph 197G(1)(a)(ii) and paragraphs 197G(1)(b) and (c);

Multiple care child

(5) Subject to subsections (5A), (6) and (7), a person with a disability or medical condition is a multiple care child if the provisions listed in one of the following paragraphs apply in relation to him or her as a care receiver or as one of 2 or more care receivers:

(a) subparagraph 197D(1)(a)(ii) and paragraphs 197D(1)(b) and (c);

(b) subparagraph 197G(1)(a)(ii) and paragraphs 197G(1)(b) and (c);

Person may be over 16

(5A) For the purposes of subsections (2), (4) and (5), assume that paragraph 197B(1)(a) or 197C(1)(a) or subparagraph 197D(1)(a)(ii) (as the case requires) continues to apply in relation to the person (the care receiver) after the care receiver turns 16 until the later of the following:

(a) the end of the period of 3 months starting on the day the care receiver turns 16;

(b) if a person who qualifies for a carer payment for caring for the care receiver ensures that, on or before the day the care receiver turns 16, the Secretary is given all the information, statements and other materials that are needed in order for the care receiver to be assessed and rated and given a score under the Adult Disability Assessment Tool—the end of the day before the first day on which the care receiver is given such a score.

(6) For the purposes of subsections (2), (4) and (5), assume that paragraph 197G(1)(b) or 197H(1)(b) (as the case requires) continues to apply in relation to the person if:

(a) the person has turned 16; and

(b) the person has not been assessed and rated and given a score under the Adult Disability Assessment Tool.

Constant care

(7) If section 197F applies in relation to the person as a care receiver or as one of 2 or more care receivers, it does not matter that the care provided for the person is not constant care.

Division 1—Qualification for and payability of carer payment

197A Overview—circumstances in which person is qualified for carer payment

(1) The following sections set out the circumstances in which a person is qualified for a carer payment:

(a) section 197B (child with a severe disability or severe medical condition);

(b) section 197C (2 or more children each with a disability or medical condition);

(d) section 197E (child who has a terminal condition);

(e) section 197F (exchanged care of children);

(f) section 197G (short term or episodic care of children);

(g) section 197H (extension of short term or episodic care of children);

(h) section 198 (disabled adult, or disabled adult and dependent child);

(i) section 198AA (hospitalisation);

(j) section 198AD (wife pension and carer allowance recipient).

(2) In addition, sections 198AB and 198AC allow a person to continue to qualify for a carer payment in certain short‑term circumstances.

197B Qualification—child with a severe disability or severe medical condition

Child with a severe disability or severe medical condition

(1) A person is qualified for a carer payment if:

(a) the person personally provides constant care for a person (the care receiver) aged under 16 with a severe disability or severe medical condition; and

(b) the person has been given a qualifying rating of intense under the Disability Care Load Assessment (Child) Determination for caring for the care receiver; and

(i) the care receiver will need personal care for 6 months or more; and

(ii) the personal care is required to be provided by a specified number of persons; and

(d) the provision of constant care by the person severely restricts the person’s capacity to undertake paid employment; and

(e) the requirements of subsections (2), (3) and (4) are met.

Constant care in home

(2) The constant care must be provided in a private residence that is the home of the care receiver.

Person must be Australian resident

(3) The person must be an Australian resident.

Note: For Australian resident see section 7.

Care receiver: residence and income and assets tests etc.

(4) The care receiver must:

(a) require constant care; and

(b) be an Australian resident; and

(d) either:

(i) pass the assets test under section 198D; or

(ii) be the subject of a decision in force under subsection 198N(2), (3) or (4) that subparagraph (i) does not disqualify the person providing the constant care from carer payment.

197C Qualification—2 or more children each with a disability or medical condition

Children each with a disability or medical condition

(1) A person is qualified for a carer payment if:

(a) the person personally provides constant care for 2 or more persons (the care receivers) aged under 16 each with a disability or medical condition; and

(b) the person has been given a qualifying rating of intense under the Disability Care Load Assessment (Child) Determination for caring for the care receivers; and

(c) in relation to each care receiver—a treating health professional has certified in writing that, because of that disability or condition:

(i) the care receiver will need personal care for 6 months or more; and

(ii) the personal care is required to be provided by a specified number of persons; and

(d) the provision of constant care by the person severely restricts the person’s capacity to undertake paid employment; and

(e) the requirements of subsections (2), (3) and (4) are met.

Constant care in home

(2) The constant care must be provided in a private residence that is the home of the care receivers.

Person must be Australian resident

(3) The person must be an Australian resident.

Note: For Australian resident see section 7.

Care receivers: residence and income and assets tests etc.

(4) The care receivers must:

(a) require constant care; and

(b) be Australian residents; and

(d) either:

(i) pass the assets test under section 198D; or

(ii) be the subject of a decision in force under subsection 198N(2), (3) or (4) that subparagraph (i) does not disqualify the person providing the constant care from carer payment.

197D Qualification—disabled adult and one or more children each with a disability or medical condition

Disabled adult and one or more children each with a disability or medical condition

(1) A person is qualified for a carer payment if:

(a) the person personally provides constant care for both or all of the following persons (the care receivers):

(i) a disabled adult who has been assessed and rated under the Adult Disability Assessment Tool and given a score under that assessment tool of at least 20, being a score calculated on the basis of a total professional questionnaire score of at least 8;

(ii) one or more persons aged under 16 each with a disability or medical condition; and

(b) the person has been given a qualifying rating of intense under the Disability Care Load Assessment (Child) Determination for caring for the care receivers; and

(c) in relation to each care receiver who is aged under 16—a treating health professional has certified in writing that, because of that disability or condition:

(i) the care receiver will need personal care for 6 months or more; and

(ii) the personal care is required to be provided by a specified number of persons; and

(d) the provision of constant care by the person severely restricts the person’s capacity to undertake paid employment; and

(e) the person is not qualified for a carer payment under section 198 because of paragraph 198(2)(a) for caring for the care receiver who is the disabled adult; and

(f) the requirements of subsections (2), (3) and (4) are met.

Constant care in home

(2) The constant care must be provided in a private residence that is the home of the care receivers.

Person must be Australian resident

(3) The person must be an Australian resident.

Note: For Australian resident see section 7.

Care receivers: residence and income and assets tests etc.

(4) The care receivers must:

(a) require constant care; and

(b) be Australian residents; and

(d) either:

(i) pass the assets test under section 198D; or

(ii) be the subject of a decision in force under subsection 198N(2), (3) or (4) that subparagraph (i) does not disqualify the person providing the constant care from carer payment.

197E Qualification—child who has a terminal condition

(1) A person is qualified for a carer payment if:

(a) the person personally provides constant care for a person (the care receiver) aged under 16; and

(b) a medical practitioner certifies in relation to the care receiver that:

(i) the care receiver has a terminal condition; and

(ii) the average life expectancy for a child with the same or a similar condition is not substantially longer than 24 months; and

(iii) because of the condition the care receiver will need personal care for the remainder of his or her life; and

(iv) the personal care is required to be provided by a specified number of persons; and

(c) the provision of constant care by the person severely restricts the person’s capacity to undertake paid employment; and

(d) the requirements of subsections (3), (4) and (5) are met.

(2) Despite paragraph (1)(a), if:

(a) a person is qualified under subsection (1) for a carer payment for caring for a care receiver aged under 16; and

(b) the care receiver turns 16; and

then the person remains qualified for a carer payment under subsection (1) until the later of the following:

(d) the end of the day before the day the care receiver turns 18;

(e) if the person ensures that, on or before the day the care receiver turns 18, the Secretary is given all the information, statements and other materials that are needed in order for the care receiver to be assessed and rated and given a score under the Adult Disability Assessment Tool—the end of the day before the first day on which the care receiver is given such a score.

Constant care in home

(3) The constant care must be provided in a private residence that is the home of the care receiver.

Person must be Australian resident

(4) The person must be an Australian resident.

Note: For Australian resident see section 7.

Care receiver: residence and income and assets tests etc.

(5) The care receiver must:

(a) require constant care; and

(b) be an Australian resident; and

(d) either:

(i) pass the assets test under section 198D; or

(ii) be the subject of a decision in force under subsection 198N(2), (3) or (4) that subparagraph (i) does not disqualify the person providing the constant care from carer payment.

197F Qualification—exchanged care of children

Purpose of section

(1) The purpose of this section is to allow a person to qualify under section 197B, 197C, 197D, 197E, 197G or 197H, or a combination of them, for a carer payment for caring for persons who are or include 2 or more persons aged under 16 despite the fact that the person is not personally providing constant care for the same persons.

When section applies

(2) This section applies if:

(a) the person is a parent of 2 or more persons aged under 16; and

(b) the person (the carer) is personally providing care for at least 2 of those persons (the care receivers); and

(c) the care receivers would qualify the carer for a carer payment under section 197B, 197C, 197D, 197E, 197G or 197H, apart from:

(i) the fact that the carer is not personally providing constant care for the care receivers; and

(ii) the fact that each care receiver has or may have more than one home; and

(d) the circumstances in subsection (3) apply in relation to each of the care receivers.

Circumstances—family law arrangements

(3) The circumstances are:

(a) under one or more registered parenting plans, parenting plans or parenting orders that are in force, the care receiver is to live with, or spend time with the carer and the care receiver’s other parent (whether or not the care receiver is to live with, or spend time with, someone else); and

(b) the length or percentage of time (however described) that the care receiver is to live with, or spend time with, the carer and the other parent is specified in, or worked out in accordance with, the plans or orders; and

(c) the carer personally provides constant care for the care receiver when the care receiver is living with, or spending time with, the carer; and

(d) the carer does not personally provide constant care for the care receiver only because the terms of the plans or orders require the care receiver to live with, or spend time with, the other parent or someone else; and

(e) when the carer is not personally providing care for the care receiver, the carer is personally providing care for one or more other care receivers in relation to whom this subsection also applies.

Qualification for a carer payment

(4) If this section applies, the carer is taken to be qualified for a carer payment under section 197B, 197C, 197D, 197E, 197G or 197H, or a combination of them, for caring for the care receivers or for persons who include the care receivers, as the case requires.

Example: The parents of 3 children each with a disability or medical condition are divorced. Under a registered parenting plan covering all 3 children, one parent (the first parent) personally provides care in week 1 to:

(a) one of the children covered by the plan; and

(b) another child who is similarly disabled but who is not covered by the plan.

The other parent personally provides care for the other 2 children covered by the plan. In week 2, the parents swap care arrangements for the children covered by the plan.

The first parent would not qualify for a carer payment under section 197C because he or she is not providing constant care for the same children. However, this section allows the first parent to qualify for a carer payment for providing care for different children.

Application of income and assets tests

(5) In applying the income and assets tests under section 198A or 198D in working out whether a parent qualifies under section 197B, 197C, 197D, 197E, 197G or 197H because of this section, disregard the other parent for the purposes of the following:

(a) subsections 198B(1B) and 198D(1A), (1C) and (1DA);

(b) subparagraph 198N(5)(aa)(ii);

197G Qualification—short term or episodic care of children

Secretary’s determination

(1) The Secretary may determine that a person is qualified for a carer payment for a period if:

(a) the person is personally providing constant care for one or more persons (the care receiver or care receivers) each with:

(i) a severe disability or severe medical condition; or

(ii) a disability or medical condition; and

(b) each care receiver is aged under 16 at the start of the period; and

(c) in relation to each care receiver—a treating health professional has certified in writing that, because of the severe disability or severe medical condition, or because of the disability or medical condition:

(i) the care receiver will need personal care for at least 3 months but less than 6 months; and

(ii) the care is required to be provided by a specified number of persons; and

(d) apart from the fact that the care receiver, or care receivers, will need personal care for less than 6 months, the person would qualify for a carer payment:

(i) under section 197B or 197C (whether or not because of section 197F) for caring for the care receiver or care receivers; or

(ii) under section 197D (whether or not because of section 197F) for caring for the care receiver and another person.

Limits on period determined

(2) The period determined by the Secretary:

(a) must be 3 months or more and less than 6 months; and

(b) must not begin before the person’s start day.

Person may remain qualified until end of period even if care receiver turns 16

(3) A person does not cease to be qualified for a carer payment under this section only because the care receiver (or any of them) turns 16 before the end of the period determined by the Secretary.

197H Qualification—extension of short term or episodic care

Extension of qualification under section 197G

(1) This section applies if:

(a) a person is qualified for a carer payment for caring for one or more persons (the care receiver or care receivers) aged under 16 for a period (the preceding period):

(i) under section 197G; or

(ii) if this section has previously applied to the person and the care receiver or care receivers—under the most recent application of this section; and

(b) in relation to each care receiver—before the end of the preceding period, and before the care receiver (or any of them) turns 16, the person gives the Secretary a certificate from a treating health professional certifying that:

(i) because of a severe disability or severe medical condition, or a disability or medical condition, the care receiver will need personal care for a further period of less than 3 months starting immediately after the end of the preceding period; and

(ii) the severe disability or severe medical condition, or disability or medical condition, is the same as, or related to, the severe disability or severe medical condition, or disability or medical condition, that necessitated the care for the preceding period; and

(iii) the care is required to be provided by a specified number of persons.

Person qualified for further period determined by Secretary

(2) The person is qualified for a carer payment for a further period if:

(a) apart from the fact that the care receiver or care receivers will need personal care for less than 6 months, the person would qualify for a carer payment:

(i) under section 197B or 197C (whether or not because of section 197F) for caring for the care receiver or care receivers; or

(ii) under section 197D (whether or not because of section 197F) for caring for the care receiver and another person; and

(b) the Secretary determines that a carer payment should be granted to the person for the period.

(3) The period determined must end not later than 6 months after the first day on which the person started to receive a carer payment under section 197G.

Person may remain qualified until end of period even if care receiver turns 16

(4) A person does not cease to be qualified for a carer payment under this section only because the care receiver (or any of them) turns 16 before the end of the period determined by the Secretary.

197J Qualification following qualification for short term or episodic care

Purpose of section

(1) The purpose of this section is to treat a person as qualified for a carer payment under section 197B, 197C or 197D, or because of 197F, for caring for:

(a) one or more persons aged under 16; or

(b) persons who include one or more persons aged under 16;

if, immediately beforehand, the carer was qualified for a carer payment under section 197G or 197H (whether or not because of section 197F) for caring for the person or persons aged under 16.

Person taken to be qualified

(2) If:

(a) a person is qualified for a carer payment for caring for one or more care receivers aged under 16 for a period (the preceding period):

(i) under section 197G; or

(ii) if section 197H has applied to the person and the care receiver or care receivers—under the most recent application of that section; and

(b) before the end of the preceding period, and before the care receiver (or any of them) turns 16, the person gives the Secretary a certificate in relation to each of them as required by whichever of subsection (3) or (4) applies; and

(c) apart from paragraph 197B(1)(c), 197C(1)(c) or 197D(1)(c), the person would be qualified (whether or not because of section 197F) for a carer payment for caring for the care receiver or care receivers or for persons who include at least one of them;

the person is taken to qualify under section 197B, 197C or 197D (as the case requires) for caring for the care receiver or care receivers or for persons who include at least one of them.

Note: Paragraphs 197B(1)(c), 197C(1)(c) and 197D(1)(c) require that a treating health professional has certified that the care receiver, or each of them, will need personal care for 6 months or more.

(3) If the person was qualified for a carer payment under section 197G or 197H for caring for a care receiver with a severe disability or severe medical condition, there must be a certificate from a treating health professional certifying that:

(a) because of a severe disability or severe medical condition the duration of the personal care needed by the care receiver is 6 months or more; and

(b) the severe disability or severe medical condition is the same as, or related to, the severe disability or severe medical condition that necessitated the care for the preceding period; and

(4) If the person was qualified for a carer payment under section 197G or 197H for caring for one or more care receivers aged under 16 each with a disability or medical condition, there must be a certificate in relation to each care receiver from a treating health professional certifying that:

(a) because of a disability or medical condition, the duration of the personal care needed by the care receiver is 6 months or more; and

(b) the disability or condition is the same as, or related to, the disability or condition that necessitated the care for the preceding period; and

(5) For the purposes of paragraphs (3)(a) and (4)(a):

(a) the 6 months includes any preceding periods under section 197G or under an application of section 197H; and

(b) it does not matter if the treating health professional who certified under those sections is the same treating health professional referred to in subsection (3) or (4) or not.

197K Remaining qualified after child turns 16

(1) This section applies if:

(a) a person is qualified for a carer payment for caring for a care receiver aged under 16 under one of the following provisions:

(i) section 197B, 197C or 197D (whether or not because of section 197F);

(ii) paragraph 198(2)(d); and

(b) the care receiver turns 16.

(2) If, apart from the care receiver turning 16, the person would remain qualified for a carer payment under that provision, then the person remains qualified under that provision until the later of the following:

(a) the end of the period of 3 months starting on the day the care receiver turns 16;

(b) if the person ensures that, on or before the day the care receiver turns 16, the Secretary is given all the information, statements and other materials that are needed in order for the care receiver to be assessed and rated and given a score under the Adult Disability Assessment Tool—the end of the day before the first day on which the care receiver is given such a score.

198 Qualification—disabled adult or disabled adult and dependent child

(1) A person is qualified for a carer payment if the requirements of this section are met.

Note: Sections 198AA, 198AB and 198AC allow the person to qualify in certain short‑term circumstances where the requirements would not be met.

Constant care for disabled adult or disabled adult and a dependent child

(2) The person must personally provide constant care for:

(a) either:

(i) if the person is the only person providing the constant care—a disabled adult (the care receiver) who has been assessed and rated under the Adult Disability Assessment Tool and given a score under that assessment tool of at least 25, being a score calculated on the basis of a total professional questionnaire score of at least 10; or

(ii) if not—a disabled adult (the care receiver) who has been assessed and rated under the Adult Disability Assessment Tool and given a score under that assessment tool of at least 80, being a score calculated on the basis of a total professional questionnaire score of at least 32; or

(d) a disabled adult and a dependent child of the adult (the care receivers), where:

(i) the disabled adult has been assessed and rated under the Adult Disability Assessment Tool and given a score under that assessment tool of at least 20, being a score calculated on the basis of a total professional questionnaire score of at least 8; and

(ii) the child is aged under 16; and

(iii) if the child is aged 6 or more—carer allowance is payable for the child; and

(iv) section 197D does not apply in respect of the care receivers.

Note: In a paragraph (d) case, subsection (9) deems certain supervision to constitute care.

Care in home

(3) The care must be provided in a private residence that is the home of the care receiver or care receivers.

Carer in Australia

(4) The person must be an Australian resident, unless:

(a) the person is in a country in which carer payment may be granted to the person under a scheduled international social security agreement; and

(b) the scheduled international social security agreement entered into force on or before 24 December 1992.

Income and assets tests etc.

(5) The care receiver or care receivers must:

(b) subject to subsection (6), be Australian residents; and

Note: For Australian resident see section 7.

(d) subject to subsection (7), either:

(i) pass the assets test under section 198D; or

(ii) be the subject of a decision in force under subsection 198N(2), (3) or (4) that subparagraph (i) does not disqualify the person providing the constant care from carer payment.

Alternative to Australian residence test for higher ADAT score adults

(6) Paragraph (5)(b) does not apply if:

(a) the care receiver is the higher ADAT score adult mentioned in paragraph (2)(a); and

(b) the adult is receiving a social security pension; and

(c) carer payment may be granted to another person for the adult under a scheduled international social security agreement.

Alternative to income/assets test for higher ADAT score adults

(7) Paragraphs (5)(c) and (d) do not apply if the care receiver is the higher ADAT score adult mentioned in paragraph (2)(a) and the adult:

(a) is receiving a social security pension or benefit, a service pension, income support supplement or a veteran payment; or

(b) would be receiving a social security or service pension or income support supplement if he or she had been an Australian resident for a long enough period.

Deemed personal care of disabled adult and dependent child

(9) For the purposes of paragraph (2)(d) and other references in this Part that relate to that paragraph, if a disabled adult is providing care of a dependent child of the adult at a particular time and another person is supervising the provision of that care at that time, the other person is taken personally to provide care of the adult and child at that time.

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

(1) This section applies if:

(a) carer payment is payable:

(i) to a person who has ordinarily been providing constant care for a care receiver or care receivers; or

(ii) because of section 197F, to a person who has ordinarily been providing care for a care receiver or care receivers; and

(b) the person would, apart from this section, cease to be qualified for the payment because he or she ceases to provide constant care (or, if section 197F applies to the person, care) for the care receiver or any of the care receivers as a result of the care receiver being admitted permanently to an institution where care is provided for the care receiver.

(2) The person remains qualified for the carer payment during the 14 weeks after the care receiver is admitted permanently to an institution.

198AA Qualification for carer payment—hospitalisation

Participating in care of person in hospital (not qualified under section 197G or 197H)

(1) A person (the carer) is qualified for a carer payment if:

(a) the carer is participating in the care, in hospital, of one of the following persons (the hospitalised person):

(i) a disabled adult;

(ii) a child with a severe disability or medical condition;

(iii) a child with a disability or medical condition;

(iv) a child who has a terminal condition;

(v) a dependent child of a disabled adult; and

(b) it is reasonable to assume that, if the hospitalised person were not in hospital, the carer would qualify, except under section 197G or 197H (whether or not because of section 197F), for a carer payment for:

(i) the hospitalised person; or

(ii) the hospitalised person and another person or persons; and

(2) For the purposes of paragraph (1)(c), the requirements are that either:

(a) the hospitalised person is terminally ill; or

(b) it is reasonable to expect that, upon leaving hospital, the hospitalised person:

(i) will reside in a private residence that is the home of the hospitalised person; or

(ii) if the carer would qualify for a carer payment because of section 197F for the hospitalised person—will reside in a private residence that is a home of the hospitalised person.

Limit on qualification under subsection (1)

(3) However, the period, or the sum of the periods, for which the carer can be qualified under subsection (1) for a hospitalised person who is a disabled adult is 63 days in any calendar year.

Note: There is no limit under subsection (1) for a hospitalised person who is a child.

Short term or episodic care of child (qualified under section 197G or 197H)

(4) A person (the carer) qualifies for a carer payment if:

(a) the carer is participating in the care, in hospital, of one of the following persons (the hospitalised person):

(i) a child with a severe disability or medical condition;

(ii) a child with a disability or medical condition; and

(b) the Secretary determines in writing that, if the hospitalised person were not in hospital, the carer would qualify under section 197G or 197H (whether or not because of section 197F) for a carer payment for a period or periods for:

(i) the hospitalised person; or

(ii) the hospitalised person and another person or persons; and

(i) will reside in a private residence that is the home of the hospitalised person; or

(ii) if the carer would qualify for a carer payment because of section 197F for the hospitalised person—will reside in a private residence that is a home of the hospitalised person.

However, the period, or the sum of the periods, for which the carer can be qualified under this subsection for the hospitalised person must not exceed the period, or the sum of the periods, determined under paragraph (b).

(5) A person (the carer) qualifies for a carer payment if:

(a) the carer is participating in the care, in hospital, of one of the following persons (the hospitalised person):

(i) a child with a severe disability or medical condition;

(ii) a child with a disability or medical condition; and

(b) immediately before the carer began participating in that care, the carer was qualified under section 197G or 197H (whether or not because of section 197F) for a carer payment for a period for:

(i) the hospitalised person; or

(ii) the hospitalised person and another person or persons; and

(c) the person would cease to be qualified under section 197G or 197H for a carer payment for the balance of the period only because the person is participating in the care of the hospitalised person in hospital; and

(d) it is reasonable to expect that, upon leaving hospital, the hospitalised person:

(i) will reside in a private residence that is the home of the hospitalised person; or

(ii) if the carer would qualify for a carer payment because of section 197F for the hospitalised person—will reside in a private residence that is a home of the hospitalised person.

However, the period, or the sum of the periods, for which the carer can be qualified under this subsection for the hospitalised person must not exceed the balance of the period referred to in paragraph (c).

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

(1) This section applies if a person:

(a) is qualified for a carer payment; and

(b) is absent from Australia for a period:

(i) throughout which Division 2 of Part 4.2 applies to the person; and

(ii) that is before the end of the person’s portability period for carer payment (within the meaning of that Division).

(2) The person does not cease to be qualified for a carer payment:

(a) merely because the constant care for the care receiver or care receivers is not provided in a private residence that is the home of the care receiver or care receivers; or

(b) if the person is qualified because of section 197F—merely because the care for the care receiver or care receivers is not provided in a private residence that is a home of the care receiver or care receivers.

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

Continuation of payment where temporary cessation of care

(1) Subject to subsection (3), if:

(a) a person is qualified (except under section 197G or 197H) for a carer payment:

(i) because the person is personally providing constant care for a care receiver or care receivers; or

(ii) if the person is qualified because of section 197F—because the person is personally providing care for care receivers; and

(b) the person temporarily ceases to provide that care for the care receiver or care receivers;

the person does not cease to be qualified for the carer payment merely because of that cessation.

(1A) Subject to subsections (3) and (3A), if:

(a) a person is qualified for a carer payment:

(i) under section 197G or 197H because the person is personally providing constant care for a care receiver or care receivers; or

(ii) under section 197G or 197H because of section 197F because the person is personally providing care for care receivers; and

(b) the person temporarily ceases to provide that care for the care receiver or care receivers;

the person does not cease to be qualified for the carer payment merely because of that cessation.

Continuation of payment after hospitalisation—section 198AA ceases to apply

(2) Subject to subsections (3) and (3A), if:

(a) a person is qualified for a carer payment under section 198AA because the person is participating in the care of an adult or child in hospital; and

(b) apart from this subsection, the person would later cease to be qualified for carer payment under that section; and

(i) the person would not cease to be qualified for a carer payment if the person were providing constant care for the adult or child, or the adult or child and another person; or

(ii) if the person qualified under section 198AA because of section 197F—the person would not cease to be qualified for a carer payment if the person were providing care for the adult or child, or the adult or child and another person;

the person does not cease to be qualified for carer payment merely because of the lack of provision of that care.

Limit on subsections (1) and (2)

(3) Subject to subsection (3B), the period, or the sum of the periods, for which subsection (1) or (2), or a combination of those subsections, can apply is:

(a) 63 days in any calendar year; or

(b) another period that the Secretary, for any special reason in the particular case, decides to be appropriate.

(3A) The period (or the sum of the periods) for which subsection (1A) or (2) (or a combination of those subsections) can apply to the person in a calendar year is the number of whole days worked out in accordance with the formula:

$Start formula start fraction Carer payment period over Number of days in calendar year end fraction times Limit end formula$

where:

carer payment period, in relation to a calendar year, means:

(a) if only 197G applied to the person to any extent in the calendar year—the number of days in the period determined under that section that fall in the calendar year; or

(b) if sections 197G and 197H applied to the person to any extent in the calendar year—the number of days worked out by adding the days in each period determined under those sections to the extent that those days fall in the calendar year.

It does not matter whether section 197G or 197H (or both of them) apply because of section 197F or not.

limit, in relation to a calendar year, means:

(a) 63 days; or

(b) another number of days in the calendar year that the Secretary, for any special reason in the particular case, decides to be appropriate.

(3B) If:

(a) because of subsection (1A), the person does not cease to be qualified in a calendar year for a carer payment under section 197G or 197H for a care receiver or care receivers; and

(b) the number of days (the qualifying days) for which the person does not cease to be qualified (whether under subsection (1A) or (2), or a combination of them) in the calendar year is not more than the number of days worked out under subsection (3A) in relation to the person; and

(c) subsequently in the calendar year, the person begins to qualify for a carer payment because of section 197J for the care receiver or care receivers;

subsection (3) applies as if the periods referred to in whichever of paragraphs (a) and (b) of that subsection apply were reduced by the number of qualifying days.

Cessation of constant personal care in order to undertake training etc.

(4) If:

(a) a person is qualified for carer payment because the person is personally providing constant care for a care receiver or care receivers; and

(b) the person temporarily ceases to provide that care in order to undertake training, education, unpaid voluntary work or paid employment; and

the person does not cease to be qualified for the carer payment merely because of the cessation.

Cessation of participation in hospital care in order to undertake training etc.

(5) If:

(a) a person is qualified for carer payment because the person is participating in the care of another person in hospital; and

(b) the person temporarily ceases to participate in the care in order to undertake training, education, unpaid voluntary work or paid employment; and

the person does not cease to be qualified for the carer payment merely because of the cessation.

198AD Qualification—wife pension and carer allowance recipient

A woman is qualified for a carer payment if:

(a) immediately before 20 March 2020, the woman was receiving a wife pension under Part 2.4; and

(b) immediately before 20 March 2020, the woman was receiving carer allowance under Part 2.19; and

(d) the woman is not otherwise qualified for a carer payment.

Note: The effect of paragraph (c) is that once the woman stops receiving carer allowance, the woman will not be able to again qualify for a carer payment under this section.

198A Income test

Passing the income test

(1) A care receiver or care receivers pass the income test if the taxable income of the care receiver, or the sum of the taxable incomes of the care receivers, worked out under section 198B for the appropriate tax year determined under section 198C is not more than $66,403 (the income ceiling).

Income test failed where no taxable income for appropriate tax year

(2) A care receiver or care receivers do not pass the income test if any person (whether or not a care receiver) whose taxable income is required to be taken into account in applying section 198B does not have an assessed taxable income or an accepted estimated taxable income for the appropriate tax year.

198B Taxable income

Rules that apply for the purposes of this Subdivision

(1) For the purposes of this Subdivision, the rules set out in subsections (1A), (1B), (1BA), (1C) and (6) apply.

Taxable income of higher ADAT score adult

(1A) If a care receiver who is a higher ADAT score adult is a member of a couple, the care receiver’s taxable income includes the taxable income of the care receiver’s partner.

Taxable income of sole care child, combined care child or multiple care child

(1B) If a care receiver is a sole care child, combined care child or multiple care child who lives with his or her parent, the taxable income of the care receiver includes the taxable income of the following people:

(a) the parent;

(b) if the parent is a member of a couple—the parent’s partner;

However, if the care receiver is a combined care child or a multiple care child who is one of 2 or more care receivers, the taxable income of the same person is not to be included in the taxable income of any of the other care receivers.

Note: See also subsection 197F(5).

Taxable income of lower ADAT score adult

(1BA) If a care receiver is a lower ADAT score adult, the care receiver’s taxable income includes the taxable income of the following people:

(a) if the adult is a member of a couple—the adult’s partner and any FTB child (except the other care receiver or other care receivers) of the adult or of the partner;

(b) in any other case—any FTB child (except the other care receiver) of the adult.

Taxable income

(1C) A person’s taxable income for a tax year is:

(a) the person’s assessed taxable income for the tax year; or

(b) if the Commissioner of Taxation has not made an assessment of the person’s taxable income for the tax year—the person’s accepted estimated taxable income for the tax year.

Note: For accepted estimated taxable income see subsection (5).

Assessed taxable income

(2) At a particular time, a person’s assessed taxable income for a tax year is the taxable income according to whichever of the following was made most recently:

(a) an assessment of the person’s taxable income for the tax year made by the Commissioner of Taxation;

(b) an amended assessment of the person’s taxable income for the tax year made by the Commissioner of Taxation;

(c) an amendment made by a tribunal of an assessment or amended assessment of the person’s taxable income for the tax year made by the Commissioner of Taxation;

(d) an amendment made by a court of:

(i) an assessment or amended assessment of the person’s taxable income for the tax year made by the Commissioner of Taxation; or

(ii) an amended assessment of the person’s taxable income for the tax year made by a tribunal.

Estimating taxable income

(3) A person, or, if the person is a child—the child’s parent or carer, may give the Secretary a written estimate of the person’s taxable income for a tax year.

(3A) If the care receivers are a lower ADAT score adult and one or more multiple care children, the lower ADAT score adult may give the Secretary a written estimate of each child’s taxable income for a tax year.

Accepting estimate of taxable income

(4) The Secretary may accept the estimate only if:

(a) the person does not have an assessed taxable income for the tax year; and

(b) one of the following applies:

(i) the tax year has not ended;

(ii) the Secretary is satisfied that the person is not required to lodge a return of income for the tax year under the Income Tax Assessment Act;

(iii) the Secretary is satisfied that the person has lodged, or proposes to lodge, a return of income for the tax year under the Income Tax Assessment Act; and

Accepted estimated taxable income

(5) A person’s accepted estimated taxable income for a tax year is the taxable income according to the estimate that was most recently given to the Secretary under subsection (3) or (3A) and accepted by the Secretary.

Nil amounts of taxable income

(6) A person’s assessed taxable income or accepted estimate of taxable income may be a nil amount.

198C Appropriate tax year

Appropriate tax year in ordinary cases

(1) Subject to this section, the appropriate tax year for a day is the base tax year for that day.

Note: For base tax year see subsection (6).

(2) If:

(a) carer payment would not be payable to a person because the care receiver or care receivers would not pass the income test under subsection 198A(1) apart from this subsection; and

(b) the Secretary is given a written request to treat the care receiver or care receivers as if the tax year in which the request is given were the appropriate tax year; and

(c) the request is given to the Secretary by the person, any care receiver who is 16 or over or a parent of any care receiver who is under 16; and

(d) the taxable income of the care receiver, or the sum of the taxable incomes of the care receivers, for the tax year in which the request is made is likely to be less than the income ceiling;

the appropriate tax year, for the purposes of applying subsection 198A(1) to the care receiver or care receivers on or after the day on which the request is given, is the tax year in which the request is made.

Note 1: For taxable income see section 198B.

Note 2: For income ceiling see subsection 198A(1).

Current tax year to be retained for consecutive calendar years in certain circumstances

(3) If:

(a) an instalment of carer payment (the first payment) is paid to a person on a day in one calendar year; and

(b) the next instalment of carer payment (the second payment) is paid to a person on a day in the next calendar year; and

(i) commences immediately after the end of the instalment period to which the first payment related; and

(ii) includes the first day of the calendar year referred to in paragraph (b); and

(d) the person’s carer payment is payable in relation to the period referred to in subparagraph (c)(i) because, as a result of a request under paragraph (2)(b), the appropriate tax year is the tax year in which that period occurs (the current tax year); and

(e) the care receiver’s taxable income, or the sum of the taxable incomes of the care receivers, for the current tax year is less than the care receiver’s taxable income, or the sum of the taxable incomes of the care receivers, for the base tax year;

the care recipient’s appropriate tax year, as from the beginning of the later calendar year, is the current tax year and not the base tax year unless the care recipient’s taxable income for the base tax year is less than the income ceiling.

Note 1: For base tax year see subsection (6).

Note 2: For income ceiling see subsection 198A(1).

Change to appropriate tax year because of notifiable event

(4) For the purposes of section 198A, if:

(a) a notifiable event occurs in relation to a care receiver or any of 2 or more care receivers; and

(b) the care receiver’s taxable income, or the sum of the taxable incomes of the care receivers, for the tax year in which the notifiable event occurs exceeds the income ceiling;

the appropriate tax year is the tax year in which the notifiable event occurs.

Note 1: For notifiable event see subsection (6).

Note 2: For taxable income see section 198B.

Note 3: For income ceiling see subsection 198A(1).

Note 4: The effect of subsection (4) is that the person caring for the care receiver or care receivers will cease to be qualified for carer payment because the care receiver or care receivers will not pass the income test under subsection 198A(1).

Change to appropriate tax year because of effect of notifiable event on taxable income for later tax year

(5) For the purposes of section 198A, if:

(a) a notifiable event occurs in relation to a care receiver or any of 2 or more care receivers; and

(b) the care receiver’s taxable income, or the sum of the taxable incomes of the care receivers, for the tax year in which the notifiable event occurs (the event tax year) does not exceed the income ceiling; and

(c) the care receiver’s taxable income, or the sum of the taxable incomes of the care receivers, for the tax year that follows the event tax year is likely to exceed the income ceiling;

the appropriate tax year is the year that follows the event tax year.

Note 1: For notifiable event see subsection (6).

Note 2: For taxable income see section 198B.

Definitions

(6) For the purposes of this section:

(a) the base tax year for a day is the tax year that ended on 30 June in the calendar year immediately before the calendar year in which the day falls; and

(b) a notifiable event is an event or change of circumstances that:

(i) is specified in a notice under section 70 of the Administration Act; and

(ii) is described by the notice as a notifiable event.

Example: Suppose 4 April 1996 is a carer payment payday. It falls in the calendar year 1 January to 31 December 1996, so the base tax year for that payday is the tax year that ended on 30 June 1995 (i.e. the year of income beginning on 1 July 1994).

198D Assets test

Higher ADAT score adult passing the assets test

(1) A care receiver who is a higher ADAT score adult passes the assets test if the total value of the following assets is less than $376,750:

(a) the care receiver’s assets;

(b) if the care receiver has a partner—any assets of the partner;

Note: The amount specified in subsection (1) is indexed on each 1 January (see sections 1190 and 1191).

Sole care child passing the assets test

(1A) A care receiver who is a sole care child passes the assets test if the total value of the following assets is less than $410,000:

(a) the child’s assets;

(b) if the child lives with his or her parent:

(i) the assets of the parent;

(ii) if the parent is a member of a couple—the assets of the parent’s partner;

(iii) if the parent or the partner has one or more FTB children—the assets of those FTB children.

Note: See also subsection 197F(5).

(1B) For the purposes of this Division (other than subsection (1A)), if the child lives with his or her parent, the child’s assets are taken to include the assets listed in subsection (1A).

Combined care children passing the assets test

(1C) Care receivers who are 2 or more combined care children pass the assets test if the total value of the following assets is less than $410,000:

(a) the assets of all of the children;

(b) if any of the children lives with his or her parent:

(i) the assets of the parent;

(ii) if the parent is a member of a couple—the assets of the parent’s partner;

(iii) if the parent or the partner has one or more FTB children—the assets of those FTB children.

However, assets of the same person are not to be taken into account more than once.

Note: See also subsection 197F(5).

(1D) For the purposes of this Division (other than subsection (1C)), if any of the children lives with his or her parent, the child’s assets are taken to include the assets listed in paragraph (1C)(b) in relation to the child. However, assets of the same person are not to be included in the assets of more than one child.

Lower ADAT score adult and multiple care child or children passing the assets test

(1DA) Care receivers who are a lower ADAT score adult and one or more multiple care children pass the assets test if the total value of the assets of the following people is less than $571,500:

(a) the adult;

(b) each child;

(i) the parent; and

(ii) if the parent is a member of a couple—the parent’s partner; and

(iii) if the parent or the partner has one or more FTB children—those FTB children;

(d) if the adult is a member of a couple—the adult’s partner;

(e) if the adult or the partner has one or more FTB children—the FTB children.

However, assets of the same person are not to be taken into account more than once.

(1DB) For the purposes of this Division (other than subsection (1DA)), if any of the multiple care children lives with his or her parent, the child’s assets are taken to include the assets listed in paragraph (1DA)(c) in relation to the child. However, assets of the same person are not to be included in the assets of more than one child.

Lower ADAT score adult and dependent child passing the assets test

(1E) Care receivers who are a lower ADAT score adult and a dependent child pass the assets test if the total value of the assets of the following people is less than $410,000:

(a) the adult;

(b) the dependent child;

(d) if the adult or the partner has one or more FTB children—the FTB children.

198E Working out the value of assets

For the purposes of subsection 198D(1), (1A), (1C) or (1E), the value of assets is to be worked out in accordance with:

(a) Part 3.12, except Divisions 2, 3 and 4 of that Part; and

(b) sections 198F to 198MA (inclusive); and

Note: Sections 198F to 198MA (inclusive) make special provision for the assets test for care receivers in relation to subjects covered more generally by Division 2 of Part 3.12.

198F Disposal of assets—care receiver assets test

(1) For the purposes of this Division, a person disposes of assets of the person if:

(a) the person engages in a course of conduct that directly or indirectly:

(i) destroys all or some of the person’s assets; or

(ii) disposes of all or some of the person’s assets; or

(iii) diminishes the value of all or some of the person’s assets; and

(b) one of the following subparagraphs is satisfied:

(i) the person receives no consideration in money or money’s worth for the destruction, disposal or diminution;

(ii) the person receives inadequate consideration in money or money’s worth for the destruction, disposal or diminution;

(iii) the Secretary is satisfied that the person’s purpose, or dominant purpose, in engaging in that course of conduct was to enable another person who provides care for the person to obtain a carer payment.

(1A) For the purposes of this Division, a person disposes of assets of a care child or a dependent child if:

(a) the person engages in a course of conduct that directly or indirectly:

(i) destroys all or some of the child’s assets; or

(ii) disposes of all or some of the child’s assets; or

(iii) diminishes the value of all or some of the child’s assets; and

(b) one of the following paragraphs is satisfied:

(i) the person receives no consideration in money or money’s worth for the destruction, disposal or diminution;

(ii) the person receives inadequate consideration in money or money’s worth for the destruction, disposal or diminution;

(iii) the Secretary is satisfied that the person’s purpose, or dominant purpose, in engaging in that course of conduct was to enable the person who provides care for the child to obtain a carer payment.

Note: Subsections 198D(1B) and (1D) provide that if the child lives with a parent, the assets listed in subsection 198D(1A) and paragraph (1C)(b) are taken to be the assets of the child.

(2) If, under subsection 1147(1A), the value of a granny flat interest is less than the amount paid, or agreed to be paid, for the interest, then, for the purposes of this section, so much of the amount paid, or agreed to be paid, as exceeds the value of the interest is not consideration for the interest.

Note: For granny flat interest see subsection 12A(2).

198G Amount of disposition—care receiver assets test

If a person disposes of assets, the amount of the disposition is:

(a) if the person receives no consideration for the destruction, disposal or diminution—an amount equal to:

(i) the value of the assets that are destroyed; or

(ii) the value of the assets that are disposed of; or

(iii) the amount of the diminution in the value of the assets whose value is diminished; or

(b) if the person receives consideration for the destruction, disposal or diminution—an amount equal to:

(i) the value of the assets that are destroyed; or

(ii) the value of the assets that are disposed of; or

(iii) the amount of the diminution in the value of the assets whose value is diminished;

less the amount of the consideration received by the person in respect of the destruction, disposal or diminution.

198H Disposal of assets in pre‑pension years—individual higher ADAT score adults

(1) This section applies in determining whether a person (the carer) qualifies for a carer payment when claiming it for caring for a care receiver who:

(a) is a higher ADAT score adult; and

(b) is not a member of a couple when the claim is made.

(1A) This section applies only to disposals of assets that took place before 1 July 2002.

(2) If:

(a) the care receiver has disposed of an asset of the care receiver during a pre‑pension year of the carer; and

(b) the amount of that disposition, or the sum of that amount and of the amounts (if any) of other dispositions of assets previously made by the care receiver during that pre‑pension year, exceeds $10,000;

the lesser of the following amounts is to be included in the value of the care receiver’s assets for the period of 5 years that starts on the day on which the disposition took place:

(d) the amount by which the sum of the amount of the first‑mentioned disposition of assets and of the amounts (if any) of other dispositions of assets previously made by the care receiver during that pre‑pension year exceeds $10,000.

Note 1: For disposes of assets see section 198F.

Note 2: For amount of disposition see section 198G.

(3) In this section:

pre‑pension year, in relation to a carer, means:

(a) the 12 months ending on the carer’s start day for carer payment; or

(b) any preceding period of 12 months.

198HA Disposal of assets in pre‑pension years—profoundly disabled child or disabled children

(1) This section applies in determining whether a person (the carer) qualifies for a carer payment when claiming it for caring for a care receiver who is a profoundly disabled child or care receivers each of whom is a disabled child.

(1A) This section applies only to disposals of assets that took place before 1 July 2002.

(2) If:

(a) a person has disposed of one or more of the child’s assets during a pre‑pension year of the carer; and

(b) the amount of that disposition, or the sum of that amount and of the amounts (if any) of other dispositions of the child’s assets previously made during that pre‑pension year, exceeds $10,000;

the lesser of the following amounts is to be included in the value of the child’s assets for the period of 5 years that starts on the day on which the disposition took place:

(d) the amount by which the sum of the amount of the first‑mentioned disposition of assets and of the amounts (if any) of other dispositions of assets previously made during that pre‑pension year exceeds $10,000.

Note 1: For disposes of assets see section 198F.

Note 2: For amount of disposition see section 198G.

Note 3: Subsections 198D(1B) and (1D) provide that if the child lives with a parent, the assets listed in subsection 198D(1A) and paragraph (1C)(b) are taken to be assets of the child.

(3) In this section:

pre‑pension year, in relation to a carer, means:

(a) the 12 months ending on the carer’s start day for carer payment; or

(b) any preceding period of 12 months.

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

Application

(1) This section applies in determining whether a person (the carer) qualifies for a carer payment when claiming it for caring for care receivers who are a lower ADAT score adult and a dependent child.

Disposals before 1 July 2002

(1A) This section applies only to disposals of assets that took place before 1 July 2002.

Increase in value of assets of lower ADAT score adult

(2) Subject to subsection (3), if:

(a) there has been a disposal, during a pre‑pension year of the carer, of an asset of any of the following persons (a qualifying person):

(i) the lower ADAT score adult;

(ii) the dependent child;

(iii) if the adult is a member of a couple—the adult’s partner and any FTB child of the adult or of the partner;

(iv) if the adult is not a member of a couple—any FTB child of the adult; and

(b) the amount of that disposition, or the sum of that amount and the amounts (if any) of other dispositions of assets of any of the qualifying persons during the pre‑pension year, exceeds $10,000;

the lesser of the following amounts is to be included in the value of the assets of the lower ADAT score adult, for the period of 5 years that starts on the day on which the disposition took place:

(d) the amount by which the sum of the amount of the first‑mentioned disposition and of the amounts (if any) of other dispositions of assets of the qualifying persons during that pre‑pension year exceeds $10,000.

Note 1: For disposition of assets see section 198F.

Note 2: For amount of disposition see section 198G.

Effect of ceasing to be member of couple or death of FTB child after disposal of assets

(3) If:

(a) an amount is included under subsection (2) in the value of the assets of the lower ADAT score adult because of the disposition of an asset of any of the qualifying persons; and

(b) if the lower ADAT score adult is a member of a couple—either:

(i) the adult ceases to be a member of that couple (either because his or her partner dies or for another reason); or

(ii) any of the FTB children dies; and

then, for the purposes of subsection (2), the following are to be disregarded:

(d) in a subparagraph (b)(i) case—the partner and any FTB child of the partner and any disposition of their assets; or

(e) in a subparagraph (b)(ii) or paragraph (c) case—the FTB child and any disposition of his or her assets.

Pre‑pension year

(4) In this section:

pre‑pension year, in relation to a carer, means:

(a) the 12 months ending on the carer’s provisional commencing day for the carer payment; or

(b) any preceding period of 12 months.

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

(1) This section applies in determining whether a person (the carer) who has been receiving a carer payment for caring for a care receiver who:

(a) is a higher ADAT score adult; and

(b) is not a member of a couple;

continues to qualify for the pension.

(1A) This section applies only to disposals of assets that took place before 1 July 2002.

(2) If:

(a) the care receiver has disposed of an asset of the care receiver during a pension year of the carer; and

(b) the amount of that disposition, or the sum of that amount and of the amounts (if any) of other dispositions of assets previously made by the care receiver during that pension year, exceeds $10,000;

the lesser of the following amounts is to be included in the value of the care receiver’s assets for the period of 5 years that starts on the day on which the disposition takes place:

(d) the amount by which the sum of the amount of the first‑mentioned disposition of assets, and of the amounts (if any) of other dispositions of assets previously made by the person during that pension year, exceeds $10,000.

Note 1: For disposes of assets see section 198F.

Note 2: For amount of disposition see section 198G.

(3) In this section:

pension year, in relation to a carer, means:

(a) the 12 months starting on the day the carer payment first became payable to the carer; or

(b) any preceding or following period of 12 months.

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

(1) This section applies in determining whether a person (the carer) who has been receiving a carer payment for caring for a care receiver who is a profoundly disabled child or care receivers each of whom is a disabled child continues to qualify for the pension.

(1A) This section applies only to disposals of assets that took place before 1 July 2002.

(2) If:

(a) a person has disposed of one or more of the child’s assets during a pension year of the carer; and

(b) the amount of that disposition, or the sum of that amount and of the amounts (if any) of other dispositions of the child’s assets previously made during that pension year, exceeds $10,000;

the lesser of the following amounts is to be included in the value of the child’s assets for the period of 5 years that starts on the day on which the disposition took place:

(d) the amount by which the sum of the amount of the first‑mentioned disposition of assets and of the amounts (if any) of other dispositions of assets previously made during that pension year exceeds $10,000.

Note 1: For disposes of assets see section 198F.

Note 2: For amount of disposition see section 198G.

Note 3: Subsections 198D(1B) and (1D) provide that if the child lives with a parent, the assets listed in subsection 198D(1A) and paragraph (1C)(b) are taken to be assets of the child.

(3) In this section:

pension year, in relation to a carer, means:

(a) the 12 months starting on the day the carer payment first became payable to the carer; or

(b) any preceding or following period of 12 months.

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

Application

(1) This section applies in determining whether a person (the carer) who has been receiving a carer payment for caring for care receivers who are a lower ADAT score adult and a dependent child continues to qualify for the pension.

(1A) This section applies only to disposals of assets that took place before 1 July 2002.

Increase in value of assets of lower ADAT score adult

(2) Subject to subsection (3), if:

(a) there has been a disposal, during a pension year of the carer, of an asset of any of the following persons (a qualifying person):

(i) the lower ADAT score adult;

(ii) the dependent child;

(iii) if the adult is a member of a couple—the adult’s partner and any FTB child of the adult or of the partner;

(iv) if the adult is not a member of a couple—any FTB child of the adult; and

(b) the amount of that disposition, or the sum of that amount and the amounts (if any) of other dispositions of assets of any of the qualifying persons during the pension year exceeds $10,000;

the lesser of the following amounts is to be included in the value of the assets of the lower ADAT score adult, for the period of 5 years that starts on the day on which the disposition took place:

(d) the amount by which the sum of the amount of the first‑mentioned disposition and of the amounts (if any) of other dispositions of assets of the qualifying persons during that pension year exceeds $10,000.

Note 1: For disposition of assets see section 198F.

Note 2: For amount of disposition see section 198G.

Effect of ceasing to be member of couple or death of FTB child after disposal of assets

(3) If:

(a) an amount is included under subsection (2) in the value of the assets of the lower ADAT score adult because of the disposition of an asset of any of the qualifying persons; and

(b) if the lower ADAT score adult is a member of a couple—either:

(i) the adult ceases to be a member of that couple (either because his or her partner dies or for another reason); or

(ii) any of the FTB children dies; and

then, for the purposes of subsection (2), the following are to be disregarded:

(d) in a subparagraph (b)(i) case—the partner and any FTB child of the partner and any disposition of their assets; or

(e) in a subparagraph (b)(ii) or paragraph (c) case—the FTB child and any disposition of his or her assets.

Pension year

(4) In this section:

pension year, in relation to a carer, means:

(a) the 12 months starting on the day the carer payment first became payable to the carer; or

(b) any preceding or following period of 12 months.

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

Application

(1) This section has effect in determining whether a person (the carer) who has been receiving a carer payment for caring for a care receiver who:

(a) is a higher ADAT score adult; and

(b) is not a member of a couple;

continues to qualify for the payment.

Disposals to which section applies

(2) This section applies to a disposal (the relevant disposal) on or after 1 July 2002 by the care receiver of an asset of the care receiver.

Increase in value of assets of higher ADAT score adult

(3) If the amount of the relevant disposal, or the sum of that amount and the amounts (if any) of other disposals of assets previously made by the care receiver during the income year in which the relevant disposal took place, exceeds $10,000, then, for the purposes of this Act, the lesser of the following amounts is to be included in the value of the care receiver’s assets for the period of 5 years starting on the day on which the relevant disposal took place:

(a) the amount of the relevant disposal;

(b) the amount by which the sum of the amount of the relevant disposal, and the amounts (if any) of other disposals of assets previously made by the care receiver during the income year in which the relevant disposal took place, exceeds $10,000.

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

Application

(1) This section also has effect in determining whether a person (the carer) who has been receiving a carer payment for caring for a care receiver who:

(a) is a higher ADAT score adult; and

(b) is not a member of a couple;

continues to qualify for the payment.

Disposals to which section applies

(2) This section applies to a disposal (the relevant disposal) on or after 1 July 2002 by the care receiver of an asset of the care receiver.

Increase in value of assets of higher ADAT score adult

(3) If:

(a) the sum of the amount of the relevant disposal and the amounts of any previous disposals during the rolling period by the care receiver of assets of the care receiver;

less

(b) the sum of any amounts included in the value of the care receiver’s assets during the rolling period under section 198JC or any previous application or applications of this section;

exceeds $30,000, then, for the purposes of this Act, an amount equal to the excess is to be included in the value of the care receiver’s assets for the period of 5 years starting on the day on which the relevant disposal took place.

Rolling period

(4) For the purposes of this section, the rolling period is the period comprising the income year in which the relevant disposal took place and such (if any) of the 4 previous income years as occurred after 30 June 2002.

198JE Disposal of assets in income year—sole care children

Application

(1) This section has effect in determining whether a person who has been receiving a carer payment for caring for a care receiver who is a sole care child continues to qualify for the payment.

Disposals to which section applies

(2) This section applies to a disposal (the relevant disposal) on or after 1 July 2002 by a person of one or more of the child’s assets.

Increase in value of child’s assets

(3) If the amount of the relevant disposal, or the sum of that amount and the amounts (if any) of other disposals of the child’s assets previously made by a person during the income year in which the relevant disposal took place, exceeds $10,000, then, for the purposes of this Act, the lesser of the following amounts is to be included in the value of the child’s assets for the period of 5 years starting on the day on which the relevant disposal took place:

(a) the amount of the relevant disposal;

(b) the amount by which the sum of the amount of the relevant disposal, and the amounts (if any) of other disposals of the child’s assets previously made during the income year in which the relevant disposal took place, exceeds $10,000.

198JF Disposal of assets in 5 year period—sole care child

Application

(1) This section also has effect in determining whether a person who has been receiving a carer payment for caring for a care receiver who is a sole care child continues to qualify for the payment.

Disposals to which section applies

(2) This section applies to a disposal (the relevant disposal) on or after 1 July 2002 by a person of one or more of the child’s assets.

Increase in value of child’s assets

(3) If:

(a) the sum of the amount of the relevant disposal and the amounts of any previous disposals during the rolling period by a person of any of the child’s assets;

less

(b) the sum of any amounts included in the value of the child’s assets during the rolling period under section 198JE or any previous application or applications of this section;

exceeds $30,000, then, for the purposes of this Act, an amount equal to the excess is to be included in the value of the child’s assets for the period of 5 years starting on the day on which the relevant disposal took place.

Rolling period

198JG Disposal of assets in income year—lower ADAT score adult and child or children

Application

(1) This section has effect in determining whether a person (the carer) who has been receiving a carer payment for caring for care receivers who are a lower ADAT score adult and one or more multiple care children, or a lower ADAT score adult and a dependent child, continues to qualify for the payment.

Disposals to which section applies

(2) This section applies to a disposal (the relevant disposal) on or after 1 July 2002 of an asset of any of the following persons (each of whom is called a qualifying person):

(a) the lower ADAT score adult;

(b) each multiple care child or dependent child;

(d) if the adult is not a member of a couple—any FTB child of the adult.

Increase in value of assets of lower ADAT score adult

(3) Subject to subsection (4), if the amount of the relevant disposal, or the sum of that amount and the amounts (if any) of other disposals of assets of any of the qualifying persons previously made during the income year in which the relevant disposal took place, exceeds $10,000, then, for the purposes of this Act, the lesser of the following amounts is to be included in the value of the assets of the lower ADAT score adult for the period of 5 years starting on the day on which the relevant disposal took place:

(a) the amount of the relevant disposal;

(b) the amount by which the sum of the amount of the relevant disposal and the amounts (if any) of other disposals of assets of the qualifying persons previously made during the income year in which the relevant disposal took place, exceeds $10,000.

Effect of ceasing to be member of couple or death of FTB child after disposal of assets

(4) If:

(a) an amount is included under subsection (3) in the value of the assets of the lower ADAT score adult because of the relevant disposal; and

(b) if the lower ADAT score adult is a member of a couple—either:

(i) the adult ceases to be a member of that couple (either because his or her partner dies or for another reason); or

(ii) any of the FTB children dies; and

then, for the purposes of subsection (3), the following are to be disregarded:

(d) in a subparagraph (b)(i) case—the partner and any FTB child of the partner and any disposal of their assets; or

(e) in a subparagraph (b)(ii) or paragraph (c) case—the FTB child and any disposal of his or her assets.

198JH Disposal of assets in 5 year period—lower ADAT score adult and child or children

Application

(1) This section also has effect in determining whether a person (the carer) who has been receiving a carer payment for caring for care receivers who are a lower ADAT score adult and one or more multiple care children, or a lower ADAT score adult and a dependent child, continues to qualify for the payment.

Disposals to which section applies

(2) This section applies to a disposal (the relevant disposal) on or after 1 July 2002 of an asset of any of the following persons (each of whom is called a qualifying person):

(a) the lower ADAT score adult;

(b) each multiple care child or dependent child;

(d) if the adult is not a member of a couple—any FTB child of the adult.

Increase in value of assets of lower ADAT score adult

(3) Subject to subsection (4), if:

(a) the sum of the amount of the relevant disposal and the amounts of any previous disposals during the rolling period of assets of any of the qualifying persons;

less

(b) the sum of any amounts included in the value of the assets of the lower ADAT score adult during the rolling period under section 198JG or any previous application or applications of this section;

exceeds $30,000, then, for the purposes of this Act, an amount equal to the excess is to be included in the value of the assets of the lower of the ADAT score adult for the period of 5 years starting on the day on which the relevant disposal took place.

Effect of ceasing to be member of couple or death of FTB child after disposal of assets

(4) If:

(a) an amount is included under subsection (3) in the value of the assets of the lower ADAT score adult because of the relevant disposal; and

(b) if the lower ADAT score adult is a member of a couple—either:

(i) the adult ceases to be a member of that couple (either because his or her partner dies or for another reason); or

(ii) any of the FTB children dies; and

then, for the purposes of subsection (3), the following are to be disregarded:

(d) in a subparagraph (b)(i) case—the partner and any FTB child of the partner and any disposal of their assets; or

(e) in a subparagraph (b)(ii) or paragraph (c) case—the FTB child and any disposal of his or her assets.

Rolling period

(5) For the purposes of this section, the rolling period is the period comprising the income year in which the relevant disposal took place and such (if any) of the 4 previous income years as occurred after 30 June 2002.

198K Disposal of assets in pre‑pension years—members of couples including higher ADAT score adults

(1) This section applies in determining whether a person (the carer) qualifies for carer payment when claiming it for caring for a higher ADAT score adult who is a member of a couple when the claim is made.

(1A) This section applies only to disposals of assets that took place before 1 July 2002.

Increase in value of assets of care receiver and of care receiver’s partner

(2) Subject to subsections (3) and (4), if:

(a) the care receiver or the care receiver’s partner has disposed of an asset during a pre‑pension year of the carer; and

(b) the amount of that disposition, or the sum of that amount and the amounts (if any) of other dispositions of assets previously made by the care receiver or the partner during that pre‑pension year, exceeds $10,000;

the lesser of the following amounts is to be included in the value of both the assets of the care receiver and the assets of the partner, for the period of 5 years that starts on the day on which the disposition took place:

(d) 50% of the amount by which the sum of the amount of the first‑mentioned disposition and of the amounts (if any) of other dispositions of assets previously made by the care receiver or the care receiver’s partner during that pre‑pension year exceeds $10,000.

Note 1: For disposes of assets see section 198F.

Note 2: For amount of disposition see section 198G.

Effect of separation of couple after disposal of care receiver’s asset

(3) If:

(a) an amount is included under subsection (2) in the value of both the assets of the care receiver and the assets of the care receiver’s partner because of a disposition of an asset by the care receiver; and

(b) the care receiver and the partner cease to be members of the same couple (either because the partner dies or for another reason);

the amount that was included in the value of the partner’s assets because of that disposition is to be included in the assets of the care receiver.

Effect of separation of couple after disposal of partner’s asset

(4) If:

(b) the care receiver and the partner cease to be members of the same couple (either because the partner dies or for another reason);

the amount that was included in the value of the care receiver’s assets because of that disposition is no longer to be included in the assets of the care receiver.

Pre‑pension year

(5) In this section:

pre‑pension year, in relation to a carer, means:

(a) the 12 months ending on the carer’s start day for the carer payment; or

(b) any preceding period of 12 months.

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

(1) This section applies in determining whether a person (the carer) who has been receiving a carer payment for caring for a higher ADAT score adult who is a member of a couple continues to qualify for the pension.

(1A) This section applies only to disposals of assets that took place before 1 July 2002.

Increase in value of assets of care receiver and of care receiver’s partner

(2) Subject to subsections (3) and (4), if:

(a) the care receiver or the care receiver’s partner disposed of an asset during a pension year of the carer; and

(b) the amount of that disposition, or the sum of that amount and the amounts (if any) of other dispositions of assets previously made by the care receiver or the care receiver’s partner during that pension year, exceeds $10,000;

Note 1: For disposes of assets see section 198F.

Note 2: For amount of disposition see section 198G.

Effect of separation of couple after disposal of care receiver’s asset

(3) If:

(b) the care receiver and the partner cease to be members of the same couple (either because the partner dies or for another reason);

the amount that was included in the value of the partner’s assets because of that disposition is to be included in the assets of the care receiver.

Effect of separation of couple after disposal of partner’s asset

(4) If:

(b) the care receiver and the partner cease to be members of the same couple (either because the partner dies or for another reason);

the amount that was included in the value of the care receiver’s assets because of that disposition is no longer to be included in the assets of the care receiver.

Pension year

(5) In this section:

pension year, in relation to a carer, means:

(a) the 12 months starting on the day the carer payment first became payable to the carer; or

(b) any preceding or following period of 12 months.

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

Application

(1) This section has effect in determining whether a person (the carer) who has been receiving a carer payment for caring for a care receiver who is a higher ADAT score adult and is a member of a couple continues to qualify for the payment.

Disposals to which section applies

(2) This section applies to a disposal (the relevant disposal) on or after 1 July 2002 of an asset by the care receiver, the care receiver’s partner, or the care receiver and the care receiver’s partner.

Increase in value of assets

(3) If the amount of the relevant disposal, or the sum of that amount and the amounts (if any) of other disposals of assets previously made by the care receiver, the care receiver’s partner, or the care receiver and the care receiver’s partner (whether before or after they became members of the couple), during the income year in which the relevant disposal took place, exceeds $10,000, then, for the purposes of this Act, the lesser of the following amounts is to be included in the value of the assets of the care receiver and in the value of the assets of the partner for the period of 5 years starting on the day on which the relevant disposal took place:

(a) one‑half of the amount of the relevant disposal;

(b) one‑half of the amount by which the sum of the amount of the relevant disposal and the amounts (if any) of other disposals of assets previously made by the care receiver, the partner, or the care receiver and the partner, during the income year in which the relevant disposal took place, exceeds $10,000.

Effect of ceasing to be a member of couple after disposal by care receiver

(4) If:

(a) the relevant disposal is the disposal of an asset by the care receiver; and

(b) after the relevant disposal, the care receiver and the care receiver’s partner cease to be members of the same couple (either because the partner dies or for another reason);

the amount that was included in the value of the assets of the partner because of the relevant disposal is to be included in the value of the assets of the care receiver.

Effect of ceasing to be a member of couple after disposal by care receiver’s partner

(5) If:

(a) the relevant disposal is the disposal of an asset by the care receiver’s partner; and

(b) after the relevant disposal, the care receiver and the partner cease to be members of the same couple (either because the partner dies or for another reason);

the amount that was included in the value of the assets of the care receiver because of the relevant disposal is no longer to be included in the value of the assets of the care receiver.

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

Application

(1) This section also has effect in determining whether a person (the carer) who has been receiving a carer payment for caring for a care receiver who is a higher ADAT score adult and is a member of a couple continues to qualify for the payment.

Disposals to which section applies

Increase in value of assets

(3) If:

(a) the sum of the amount of the relevant disposal and the amounts of any previous disposals during the rolling period of assets by the care receiver, the care receiver’s partner, or the care receiver and the care receiver’s partner;

less

(b) the sum of any amounts included in the value of the assets of the care receiver or the partner during the rolling period under a provision of this Subdivision other than this section or under any previous application or applications of this section;

exceeds $30,000, then, for the purposes of this Act, an amount equal to one‑half of the excess is to be included in the value of the assets of the care receiver and in the value of the assets of the partner for the period of 5 years starting on the day on which the relevant disposal took place.

Effect of ceasing to be member of couple after disposal by care receiver

(4) If:

(a) the relevant disposal is a disposal of an asset by the care receiver; and

(b) after the relevant disposal, the care receiver and the care receiver’s partner cease to be members of the same couple (either because the partner dies or for another reason);

the amount that was included in the value of the assets of the partner because of the relevant disposal is to be included in the value of the assets of the care receiver.

Effect of ceasing to be member of couple after disposal by care receiver’s partner

(5) If:

(a) the relevant disposal is a disposal of an asset by the care receiver’s partner; and

(b) after the relevant disposal, the care receiver and the partner cease to be members of the same couple (either because the partner dies or for another reason);

the amount that was included in the value of the assets of the care receiver because of the relevant disposal is no longer to be included in the value of the assets of the care receiver.

Rolling period

(6) For the purposes of this section, the rolling period is the period comprising the income year in which the relevant disposal took place and such (if any) of the 4 previous income years as occurred after 30 June 2002.

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

This Division does not apply to a disposition of an asset by a person (the disposer):

(a) more than 5 years before the time when another person (the carer) became qualified for a carer payment:

(i) because the carer was providing care for the disposer and the disposer was a care receiver or one of 2 or more care receivers; or

(ii) because the carer was providing care for the person who was the disposer’s partner at the time of the disposition and that person was a care receiver or one of 2 or more care receivers; or

(b) less than 5 years before the time referred to in paragraph (a) but before the time when the disposer could, in the Secretary’s opinion, reasonably have expected that the carer would become qualified for carer payment for a reason described in paragraph (a); or

198MA Other disposals to be disregarded for care receiver assets test

This Division does not apply to a disposal by a person (the disposer) of an asset of a child:

(a) more than 5 years before the carer became qualified for a carer payment because the carer was providing care for the child and the child was a care receiver or one of 2 or more care receivers; and

Note: Subsections 198D(1B), (1D) and (1DB) provide that if a sole care child, a combined care child or a multiple care child lives with a parent, the assets listed in subsection 198D(1A) and paragraphs 198D(1C)(b) and (1DA)(c) are taken to be the assets of the child.

198N Exemption from care receiver assets test

Application by parent or carer of sole care child

(1AA) Subsections (2), (3), (4), (5) and (6) have effect if:

(a) subparagraph 197B(4)(d)(i) or 197E(5)(d)(i) would disqualify from carer payment a person caring for a care receiver who is a sole care child; and

(b) the parent or the carer of the care receiver lodges with the Department, in a form approved by the Secretary, a request that the carer not be disqualified by that subparagraph; and

(c) the request includes a written estimate of the taxable income of the care receiver for the current financial year under subsection 198B(3); and

(d) the Secretary accepts the estimate under subsection 198B(4).

Application by parent or carer of combined care children

(1AB) Subsections (2), (3), (4), (5) and (6) have effect if:

(a) subparagraph 197C(4)(d)(i) would disqualify from carer payment a person caring for 2 or more care receivers each of whom is a combined care child; and

(b) the parent or the carer of any of the care receivers lodges with the Department, in a form approved by the Secretary, a request that the carer not be disqualified by that subparagraph; and

(c) the request includes written estimates of the taxable incomes of the care receivers for the current financial year under subsection 198B(3); and

(d) the Secretary accepts the estimate under subsection 198B(4).

Application by lower ADAT score adult (multiple care child or children)

(1AC) Subsections (2), (3), (4), (5) and (6) have effect if:

(a) subparagraph 197D(4)(d)(i) would disqualify from carer payment a person caring for care receivers who are a lower ADAT score adult and one or more multiple care children; and

(b) the lower ADAT score adult lodges with the Department, in a form approved by the Secretary, a request that the carer not be disqualified by that subparagraph; and

(c) the request includes written estimates of the taxable incomes of the lower ADAT score adult and each child under subsection 198B(3A); and

(d) the Secretary accepts the estimate under subsection 198B(4).

Application by higher ADAT score adult

(1) If:

(a) subparagraph 198(5)(d)(i) would disqualify for carer payment a person caring for a care receiver who is a higher ADAT score adult; and

(b) the higher ADAT score adult lodges with the Department, in a form approved by the Secretary, a request that the adult not be disqualified by that subparagraph; and

(c) the request includes a written estimate of the higher ADAT score adult’s taxable income for the current financial year under subsection 198B(3); and

(d) the Secretary accepts the estimate under subsection 198B(4);

subsections (2), (3), (4), (5) and (6) have effect.

Application by lower ADAT score adult

(1B) If:

(a) subparagraph 198(5)(d)(i) would disqualify from carer payment a person caring for care receivers who are a lower ADAT score adult and a dependent child; and

(b) the lower ADAT score adult lodges with the Department, in a form approved by the Secretary, a request that the carer not be disqualified by that subparagraph; and

(c) the request includes written estimates of the taxable incomes of the lower ADAT score adult and the dependent child under subsection 198B(3); and

(d) the Secretary accepts the estimate under subsection 198B(4);

subsections (2), (3), (4), (5) and (6) have effect.

Failing assets test but passing special income test

(2) The Secretary may decide that subparagraph 197B(4)(d)(i), 197C(4)(d)(i), 197D(4)(d)(i), 197E(5)(d)(i) or 198(5)(d)(i) does not disqualify the person from carer payment if:

(a) the value of the assets of the care receiver or the sum of the values of the assets of the care receivers is more than $410,000 but not more than $608,500; and

(b) the value of the liquid assets of the care receiver, or the sum of the values of the liquid assets of the care receivers, is less than the liquid assets limit; and

(c) the amount of the accepted estimated taxable income of the care receiver, or the sum of the amounts of the accepted estimated taxable incomes of the care receivers, for the current financial year is less than the threshold amount worked out under subsection (6).

Note 1: The amounts specified in paragraph (2)(a) are indexed each year on 1 January (see sections 1190 and 1191).

Note 2: For calculating the value of assets and liquid assets, see paragraph (5)(a).

Note 3: For liquid assets see subsection 19B(1).

Note 4: For liquid assets limit see paragraph (5)(b).

Note 5: For accepted estimated taxable income see subsection 198B(5).

Failing assets and special income tests

(3) The Secretary may decide that subparagraph 197B(4)(d)(i), 197C(4)(d)(i), 197D(4)(d)(i), 197E(5)(d)(i) or 198(5)(d)(i) does not disqualify the person from carer payment if the value of the assets of the care receiver, or the sum of the values of the assets of the care receivers, is more than $410,000 and not more than $608,500 and:

(a) the value of the liquid assets of the care receiver, or the sum of the values of the liquid assets of the care receivers, is equal to or greater than the liquid assets limit; or

(b) the amount of the accepted estimated taxable income of the care receiver, or the sum of the amounts of the accepted estimated taxable incomes of the care receivers, for the current financial year is equal to or more than the threshold amount worked out under subsection (6).

Note 1: The amounts specified in subsection (3) are indexed each year on 1 January (see sections 1190 and 1191).

Note 2: For calculating the value of assets and liquid assets, see paragraph (5)(a).

Note 3: For liquid assets see subsection 19B(1).

Note 4: For liquid assets limit see paragraph (5)(b).

Note 5: For accepted estimated taxable income see subsection 198B(5).

Failing assets test by large margin but passing special income test

(4) The Secretary may decide that subparagraph 197B(4)(d)(i), 197C(4)(d)(i), 197D(4)(d)(i), 197E(5)(d)(i) or 198(5)(d)(i) does not disqualify the person from carer payment if:

(a) the value of the assets of the care receiver, or the sum of the values of the assets of the care receivers, is more than $608,500; and

(b) the value of the liquid assets of the care receiver, or the sum of the values of the liquid assets of the care receivers, is less than the liquid assets limit; and

Note 1: The amount specified in paragraph (4)(a) is indexed each year on 1 January (see sections 1190 and 1191).

Note 2: For calculating the value of assets and liquid assets, see paragraph (5)(a).

Note 3: For liquid assets see subsection 19B(1).

Note 4: For liquid assets limit see paragraph (5)(b).

Note 5: For accepted estimated taxable income see subsection 198B(5).

Definitions—assets and income

(5) For the purposes of this section:

(a) the value of the assets or liquid assets of a care receiver who is a higher ADAT score adult is the sum of the values of the assets or liquid assets (as the case requires) of the following people:

(i) the care receiver;

(ii) if the care receiver has a partner—the partner;

(iii) if the care receiver or the care receiver’s partner has one or more FTB children—those FTB children; and

(aa) the value of the liquid assets of a care receiver who is a sole care child, combined care child or multiple care child is the sum of the values of the liquid assets of the following people:

(i) the care receiver;

(ii) if the care receiver lives with his or her parent—the parent;

(iii) if the parent with whom the care receiver lives is a member of a couple—the parent’s partner;

(iv) if the parent with whom the care receiver lives or the parent’s partner has one or more FTB children—those FTB children.

However, if the care receiver is one of 2 or more care receivers each of whom is a combined care child or a multiple care child, liquid assets of the same person are not to be taken into account in respect of any of the other care receivers; and

(ab) the value of the liquid assets of a care receiver who is a lower ADAT score adult is the sum of the values of the liquid assets of the following people:

(i) the care receiver;

(ii) if the care receiver is a member of a couple—the care receiver’s partner and any FTB child (except the child who is the other care receiver or the children who are the other care receivers) of the care receiver or the care receiver’s partner;

(iii) if the care receiver is not a member of a couple—any FTB child (except the child who is the other care receiver or the children who are the other care receivers).

However, liquid assets of the same person are not to be taken into account in respect of any of the other care receivers; and

Note: The value of the liquid assets of the child who is the other care receiver or the children who are the other care receivers is not adjusted by adding any other person’s liquid assets.

(b) the liquid assets limit is $10,000 if the care receiver or any of the care receivers is a member of a couple, or $6,000 if not; and

(c) the taxable income of a care receiver or of any of 2 or more care receivers for a particular financial year is the taxable income of the care receiver for that year as worked out under section 198B.

Note 1: For liquid assets see subsection 19B(1).

Note 2: Subsections 198D(1B), (1D) and (1DB) provide that if a sole care child, a combined care child or a multiple care child lives with a parent, the assets listed in subsection 198D(1A) and paragraphs 198D(1C)(b) and (1DA)(c) are taken to be assets of the child.

Note 3: For subparagraph (5)(aa)(ii), see also subsection 197F(5).

Working out the threshold amount

(6) For the purposes of paragraphs (2)(c), (3)(b) and (4)(c), the threshold amount is the amount worked out using the following formula:

where:

MBR is the maximum basic rate of age pension payable, as at the last 1 January, to a person who has a partner.

FPC is:

(a) in the case of a care receiver who is a higher ADAT score adult—the number of FTB children of the care receiver or the care receiver’s partner (if the care receiver has a partner); or

(b) in the case of a care receiver who is a sole care child who lives with his or her parent—the number of FTB children of the parent or the parent’s partner (if the parent has a partner); or

(d) in the case of care receivers who are 2 or more combined care children:

(i) if any of the children lives with his or her parent—the sum of the number of FTB children of each such parent or of the partner (if the parent has a partner) of each such parent; or

(ii) in any other case—0; or

(e) in the case of care receivers who are a lower ADAT score adult and one or more multiple care children, or a lower ADAT score adult and a dependent child—the number of FTB children of the care receiver or the care receiver’s partner (if the care receiver has a partner).

Note 1: For the maximum basic rate of age pension see point 1064‑B1 of Pension Rate Calculator A in section 1064.

Note 2: For paragraphs (b), (d) and (e) of the definition of FPC, see also subsection 197F(5).

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

Date of effect

(1) If the Secretary decides under subsection 198N(2), (3) or (4) that subparagraph 197B(4)(d)(i), 197C(4)(d)(i), 197D(4)(d)(i), 197E(5)(d)(i) or 198(5)(d)(i) does not disqualify a person from carer payment, the day on which the decision takes effect is worked out under this section.

Basic rule

(2) Subject to subsections (3), (4) and (5), the decision takes effect on the day on which the decision was made or on such later or earlier day (not being a day more than 3 months before the decision was made) as is specified in the decision.

Notified decision—review sought within 3 months

(3) If:

(a) a decision (the previous decision) is made under subsection 198N(2), (3) or (4) about a care receiver or care receivers; and

(b) notice of the making of the previous decision is given:

(i) in the case of a care receiver who is a higher ADAT score adult—to the adult or the person caring for the adult; or

(ii) in the case of a care receiver who is a sole care child—to his or her parent or carer; or

(iii) in the case of care receivers who are 2 or more combined care children—to the carer of the children or to the parent of any of the children; or

(iiia) in the case of care receivers who are a lower ADAT score adult and one or more multiple care children—to the lower ADAT score adult or the person caring for that adult; or

(iv) in the case of care receivers who are a lower ADAT score adult and a dependent child—to the lower ADAT score adult or the person caring for that adult; and

(c) within 3 months after the notice is given, a person applies to the Secretary under section 129 of the Administration Act for review of the previous decision; and

(d) a decision favourable to the person caring for the care receiver or care receivers (the favourable decision) is made as a result of the application for review;

the favourable decision takes effect on the day on which the previous decision took effect.

Notified decision—review sought after 3 months

(4) If:

(a) a decision (the previous decision) is made under subsection 198N(2), (3) or (4) about a care receiver or care receivers; and

(b) notice of the making of the previous decision is given:

(i) in the case of a care receiver who is a higher ADAT score adult—to the adult or the person caring for the adult; or

(ii) in the case of a care receiver who is a sole care child—to his or her parent or carer; or

(iii) in the case of care receivers who are 2 or more combined care children—to the carer of the children or to the parent of any of the children; or

(iiia) in the case of care receivers who are a lower ADAT score adult and one or more multiple care children—to the lower ADAT score adult or the person caring for that adult; or

(iv) in the case of care receivers who are a lower ADAT score adult and one or more multiple care children, or a lower ADAT score adult and a dependent child—to the lower ADAT score adult or the person caring for that adult; and

(c) more than 3 months after the notice is given, a person applies to the Secretary under section 129 of the Administration Act for review of the previous decision; and

(d) a decision favourable to the person caring for the care receiver or care receivers (the favourable decision) is made as a result of the application for review;

the favourable decision takes effect on the day on which the person sought the review.

Decision not notified

(5) If:

(a) a decision (the previous decision) is made under subsection 198N(2), (3) or (4) about a care receiver or care receivers; and

(b) notice of the making of the previous decision is not given to a person specified in paragraph (4)(b) as a person to whom notice is to be given; and

(c) a person applies to the Secretary under section 129 of the Administration Act for review of the previous decision; and

(d) a decision favourable to the person caring for the care receiver or care receivers (the favourable decision) is made as a result of the application for review;

the favourable decision takes effect on the day on which the previous decision took effect.

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

If the Secretary decides under subsection 198N(2), (3) or (4) that subparagraph 197B(4)(d)(i), 197C(4)(d)(i), 197D(4)(d)(i), 197E(5)(d)(i) or 198(5)(d)(i) disqualifies a person from carer payment, the decision takes effect:

(a) on the day on which the request under section 198N in respect of the care receiver or care receivers was lodged with the Department; or

(b) if the request was lodged after the Secretary rejected a claim for carer payment by a person caring for the care receiver or care receivers—on the day on which the decision to reject the claim took effect.

199 Carer payment not payable if payment rate nil

(1) Subject to subsection (2), a carer payment is not payable to a person if the person’s carer payment rate would be nil.

201AA Newly arrived resident’s waiting period

(1) A person is subject to a newly arrived resident’s waiting period if the person:

(a) has entered Australia; and

(b) has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.

Note: For Australian resident see subsection 7(2).

(2) Subsection (1) does not apply to a person who has a qualifying residence exemption for a carer payment.

Note: For qualifying residence exemption in relation to carer payment, see paragraph 7(6AA)(f).

(3) Subsection (1) does not apply to a person who is:

(a) the holder of a subclass 104 visa—Preferential family; and

(b) either a carer or a special need relative.

(4) Subsection (1) does not apply to a person who is:

(a) the holder of a subclass 806 visa—Family; and

(b) either a carer or a special need relative.

(5) Subsection (1) does not apply to a person if, at the time the person made the claim for a carer payment, the person holds a visa that is in a class of visas determined in an instrument under subsection (5B).

(5A) Subsection (1) does not apply to a person if:

(a) the person is a refugee, or a former refugee, at the time the person made the claim for a carer payment; or

(b) the following apply:

(i) before the person made the claim for a carer payment, the person was a family member of another person at the time the other person became a refugee;

(ii) the person is a family member of that other person at the time the person made the claim for a carer payment or, if that other person has died, the person was a family member of that other person immediately before that other person died; or

(5B) The Minister may, by legislative instrument, determine a class of visas for the purposes of subsection (5). The class must not be a class covered by paragraph 7(6AA)(f).

(6) In this section:

carer has the same meaning as in the Migration Regulations.

family member has the meaning given by subsection 7(6D).

former refugee has the meaning given by subsection 7(1).

refugee has the meaning given by subsection 7(6B).

special need relative has the same meaning as in the Migration Regulations as in force on 30 November 1998.

201AB Duration of newly arrived resident’s waiting period

If a person is subject to a newly arrived resident’s waiting period, the period:

(a) starts on the day the person first became an Australian resident; and

(b) ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.

202 Multiple entitlement exclusion

(1) A carer payment is not payable to a person if the person is already receiving a service pension or a veteran payment.

(2) If:

(a) a person is receiving a carer payment; and

(b) another social security pension, a social security benefit, a service pension or a veteran payment becomes payable to the person;

the carer payment is not payable to the person.

Note 1: Another payment type will generally not become payable to the person until the person claims it.

Note 2: For social security pension and social security benefit see subsection 23(1).

(3) A carer payment is not payable to a person who:

(a) is an armed services widow or an armed services widower; and

(b) is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; and

(c) is receiving income support supplement under Part IIIA of that Act or would be eligible for income support supplement under that Part if he or she made a claim under section 45I of that Act.

(4) Subsection (3) does not apply if:

(a) the person:

(i) was on 20 March 1995 receiving; and

(ii) has from that day continuously received; and

(iii) is receiving;

the carer payment; and

(b) the person elected under subsection 45E(2) of the Veterans’ Entitlements Act, or is taken under subsection 45E(3) of that Act to have elected, to continue to receive the carer payment.

(5) Subsection (3) does not apply if:

(a) before 20 March 1995, the person had made a claim for carer payment; and

(d) the person has since that time continued to receive, and is receiving, the pension.

(7) A carer payment is not payable to a person who:

(a) is an armed services widow or an armed services widower; and

(c) is receiving income support supplement or would be eligible for income support supplement if he or she made a claim under section 45I of the VEA.

Note 1: For armed services widow and armed services widower see subsection 4(1).

Note 2: For MRCA and VEA see subsection 23(1).

202A Exclusion of certain participants in ABSTUDY Scheme

(1) If:

(a) a payment is made in respect of a person under the ABSTUDY Scheme; and

(b) the payment is made on the basis that the person is a full‑time student; and

(d) the payment relates to a period;

carer payment is not payable to the person in respect of any part of the period.

(2) If:

(a) a person is qualified for a payment under the ABSTUDY Scheme; and

(b) the payment for which the person is qualified is a payment that:

(i) is made on the basis that the person is a full‑time student; and

(ii) is calculated on the basis that an amount identified as living allowance (the basic payment) is included; and

(iii) relates to a period;

carer payment is not payable to the person in respect of any part of the period.

(3) If:

(a) a person may enrol in a full‑time course of education; and

(b) a payment referred to in subsection (2) may be made in respect of the person;

the Secretary may decide that, in spite of subsection (2), carer payment is payable to the person before the person starts the course.

203 Seasonal workers—preclusion period

(1) This section applies if:

(a) a person has lodged a claim for carer payment; and

(b) at any time during the 6 months immediately before the day on which the person lodged the claim, the person, or the person’s partner, has been engaged in seasonal work.

Note: For seasonal work see subsection 16A(1).

(2) Carer payment is not payable to the person:

Note: For seasonal work preclusion period see subsection 16A(1).

(a) the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and

(b) the determination has effect accordingly.

Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) or subsection 19C(3) (person who is a member of a couple).

Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).

Division 4—Rate of carer payment

210 How to work out a person’s carer payment rate

A person’s carer payment rate is worked out using Pension Rate Calculator A at the end of section 1064 (see Part 3.2).

Subdivision A—Continuation of carer payment

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

(1) If:

(a) a person is receiving carer payment because he or she ordinarily cares for a care receiver or care receivers; and

(b) the person is caring for the care receiver or care receivers or has temporarily ceased to care for the care receiver or care receivers; and

(d) the care receiver who dies is not the person’s partner; and

(e) because of the death, the person would, apart from this subsection, cease to be qualified for the carer payment;

the person remains qualified for the carer payment during the bereavement period as if the death had not occurred.

(1A) If:

(a) a person (the carer) is receiving a carer payment only because section 198AA or subsection 198AC(2) applies; and

(b) the death occurs of:

(i) the person or any of the persons for whom the person would qualify for carer payment as mentioned in paragraph 198AA(1)(b); or

(ia) the person or any of the persons for whom the carer would qualify for carer payment as mentioned in subsection 198AA(4) or (5); or

(ii) the person or any of the persons for whom the care mentioned in paragraph 198AC(2)(c) is assumed to be provided; and

the carer remains qualified for carer payment during the bereavement period as if the death had not occurred.

(3) A person to whom subsection (1) applies may, by written notice to the Secretary, choose not to receive payments under this Subdivision and to receive instead any payments to which the person would be otherwise entitled.

(4) If a person makes an election under subsection (3):

(a) this Act, or Part III or IIIA of the Veterans’ Entitlements Act, has effect accordingly; and

(b) the person may not withdraw the election after the Department has taken all the action required to give effect to the election.

236 Continued carer payment rate

If a person is qualified for a carer payment solely because of section 235, the rate at which the pension is payable is to be determined having regard to the person’s actual circumstances.

236A Lump sum payable in some circumstances

(1) A lump sum is payable to a person under this section if:

(a) the person remains qualified for carer payment because subsection 235(1) or (1A) applies; and

(b) immediately before the death of the person mentioned in that subsection, the person who died was not a member of a couple, or was a member of a couple and his or her partner:

(i) was not receiving a social security pension; and

(ii) was not receiving a social security benefit; and

(iii) was not receiving a service pension, income support supplement or a veteran payment.

(1A) However, if subsection (1) would apply where 2 or more persons die at the same time, only one payment is payable under that subsection.

(2) The amount of the lump sum under this section is the lesser of the amount worked out under subsection (3) and the amount worked out under subsection (4).

(3) The amount under this subsection is:

$Start formula start fraction open bracket Partnered MBR plus Pension supplement close bracket over 26 end fraction times 7 end formula$

where:

partnered MBR is the maximum basic rate applicable, on the day that the person dies, to a person covered by item 2 of the Maximum Basic Rate Table in point 1064‑B1 of Pension Rate Calculator A in section 1064.

pension supplement is the person’s pension supplement worked out under Module BA of Pension Rate Calculator A.

(4) The amount under this subsection is:

where:

carer’s current instalment is the amount of the last instalment of carer payment paid to the carer before the person died.

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

If:

(a) either:

(i) a lower ADAT score adult and one or more multiple care children die at the same time; or

(ii) a lower ADAT score adult and a dependent child of the adult die at the same time; and

(b) apart from this subsection and section 243, because of those deaths, a person would continue to qualify for carer payment under section 235 and would be qualified for payments under Subdivision B; and

(c) the sum of the carer payments for which the person would continue to qualify under section 235 and any lump sum payable to the person under section 236A is less than the sum of the amounts payable to the person under Subdivision B;

the person does not continue to qualify for carer payment under section 235 and no lump sum is payable to the person under section 236A.

Subdivision B—Death of partner

237 Qualification for payments under this Subdivision

(1) If:

(a) a person is receiving a carer payment; and

(b) the person is a member of a couple; and

(d) immediately before the partner died, the partner:

(i) was receiving a social security pension; or

(ii) was receiving a service pension, income support supplement or a veteran payment; or

(iii) was a long‑term social security recipient; and

(i) the amount that would otherwise be payable to the person under section 238 (continued payment of partner’s pension or allowance); and

(ii) the amount that would otherwise be payable to the person under section 240 (person’s continued rate);

the person is qualified for payments under this Subdivision to cover the bereavement period.

Note 1: Section 238 provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person’s partner during that period if the partner had not died.

Note 2: Section 239 provides for a lump sum that represents the instalments that would have been paid to the person’s partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.

(1A) If:

(a) a person is receiving a carer payment; and

(b) immediately before starting to receive the carer payment the person was receiving partner bereavement payments; and

the person is qualified for payments under this Subdivision to cover the remainder of the bereavement period.

(1AB) Subsection (1) or (1A) does not apply in relation to care receivers who are a lower ADAT score adult and one or more multiple care children if:

(a) the person is receiving carer payment under section 235 because of the death of the child or children; and

(b) the person’s partner is the lower ADAT score adult.

(1B) Subsection (1) or (1A) does not apply if:

(a) the person is receiving carer payment under section 235 because of the death of a care receiver who is a dependent child of a lower ADAT score adult; and

(b) the person’s partner is the lower ADAT score adult.

(2) A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.

(3) An election under subsection (2):

(a) must be made by written notice to the Secretary; and

(b) may be made after the person has been paid an amount or amounts under this Subdivision; and

(4) If a person is qualified for payments under this Subdivision in relation to the partner’s death, the rate at which carer payment is payable to the person during the bereavement period is, unless the person has made an election under subsection (2), governed by section 240.

(5) For the purposes of this section, a person is a long‑term social security recipient if:

(a) the person is receiving a social security benefit; and

(b) in respect of the previous 12 months, the person:

(i) was receiving a social security pension; or

(ii) was receiving a social security benefit; or

(iii) was receiving a youth training allowance; or

(iv) was receiving a service pension, income support supplement or a veteran payment.

(6) A person is taken to satisfy the requirements of paragraph (5)(b) if:

(a) the person was receiving one or a combination of the payments referred to in that paragraph for a continuous period of 12 months; or

(b) the person was receiving one or a combination of the payments referred to in that paragraph for 46 weeks of the previous 52.

238 Continued payment of deceased partner’s previous entitlement

(a) where the partner was receiving a social security pension or social security benefit—the amount that would have been payable to the partner on the payday if the partner had not died; or

(b) where the partner was receiving a service pension, income support supplement or a veteran payment—the amount that would have been payable to the partner under Part III, IIIA or IIIAA (as the case may be) of the Veterans’ Entitlements Act on the service payday that:

(i) where the first Thursday after the partner’s death was a service payday—precedes the pension payday; or

(ii) in any other case—follows the pension payday;

if the partner had not died.

Note: For bereavement rate continuation period see section 21.

239 Lump sum payable in some circumstances

If:

(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

(b) the first available bereavement adjustment payday occurs before the end of the bereavement period;

there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

Method statement

Step 1. Work out the amount that would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday if:

(a) the person’s partner had not died; and

(b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 2. Work out the amount that would have been payable to the person’s partner on the partner’s payday or service payday immediately before the first available bereavement adjustment payday if:

(a) the partner had not died; and

(b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 3. Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4. Work out the amount that, but for section 240, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday: the result is called the person’s individual rate.

Step 5. Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 6. Work out the number of the partner’s paydays in the bereavement lump sum period.

Step 7. Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable to the person under this section.

240 Adjustment of person’s carer payment rate

If:

(a) a person is qualified for payments under this Subdivision; and

(b) the person does not elect under subsection 237(2) not to receive payments under this Subdivision;

the rate of the person’s carer payment during the bereavement period is worked out as follows:

(c) during the bereavement rate continuation period, the rate of carer payment payable to the person is the rate at which the pension would have been payable to the person if:

(i) the person’s partner had not died; and

(ii) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple;

(d) during the bereavement lump sum period (if any), the rate at which carer payment is payable to the person is the rate at which the carer payment would be payable to the person apart from this Subdivision.

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

If:

(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

(b) the person dies within the bereavement period; and

there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

Method statement

Step 1. Work out the amount that would have been payable to the person on the person’s payday immediately after the day on which the person died if:

(a) neither the person nor the person’s partner had died; and

(b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 2. Work out the amount that would have been payable to the partner on the partner’s payday or service payday immediately after the day on which the person died if:

(a) neither the person nor the partner had died; and

(b) where immediately before the partner’s death the couple were an illness separated couple or a respite care couple—they were not such a couple.

Step 3. Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4. Work out the amount that, but for section 240, would have been payable to the person on the person’s payday immediately after the day on which the person died if the person had not died: the result is called the person’s individual rate.

Step 5. Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 6. Work out the number of partner’s paydays in the period that commences on the day on which the person dies and ends on the day on which the bereavement period ends.

Step 7. Multiply the partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section.

242 Benefits under this Subdivision

(1) If:

(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

the following provisions have effect:

(e) the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b).

(2) If:

(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

(b) an amount to which the person’s partner would have been entitled if the person’s partner had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act 1986, within the bereavement period, into an account with a bank; and

(c) the bank pays to the person, out of that account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);

243 Subdivision not to apply in certain cases involving simultaneous death

If:

(a) either:

(i) a lower ADAT score adult and one or more multiple care children die at the same time; or

(ii) a lower ADAT score adult and a dependent child of the adult die at the same time; and

(b) apart from this subsection and section 236B, because of those deaths a person would be qualified for payments under this Subdivision and would continue to qualify for carer payment under section 235; and

(c) the sum of the amounts payable to the person under this Subdivision is less than or equal to the sum of the carer payments for which the person would continue to qualify under section 235 and any lump sum payable to the person under section 236A;

no amounts are payable to the person under this Subdivision.

Subdivision D—Death of recipient

246 Death of recipient

(1) If:

(a) a person is receiving carer payment; and

(b) either:

(i) the person is not a member of a couple; or

(ii) the person is a member of a couple and the person’s partner:

(A) is not receiving a social security pension; and

Note: For death of a person qualified for bereavement payments under Subdivision B see section 241.

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)

A person (the qualified person) is qualified for a one‑off payment to carers (carer payment related) if the person has been paid an instalment of carer payment in respect of a period that includes 11 May 2004.

Note: The person may also be qualified for a one‑off payment to carers (carer allowance related) under Division 1 of Part 2.19A.

248 What is the amount of the payment?

The amount of the one‑off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.

Division 2—2005 one‑off payment to carers eligible for carer payment

249 2005 one‑off payment to carers (carer payment related)

A person (the qualified person) is qualified for a 2005 one‑off payment to carers (carer payment related) if the person has been paid an instalment of carer payment in respect of a period that includes 10 May 2005.

Note: The person may also be qualified for a 2005 one‑off payment to carers (carer allowance related) under Division 2 of Part 2.19A.

250 What is the amount of the payment?

The amount of the one‑off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.

Division 3—2005 one‑off payment to carers eligible for carer service pension

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

A person (the qualified person) is qualified for a 2005 one‑off payment to carers (carer service pension related) if the person has been paid an instalment of carer service pension as a result of the operation of subclause 8(2) or (4) of Schedule 5 to the Veterans’ Entitlements Act 1986 in respect of a period that includes 10 May 2005.

252 What is the amount of the payment?

The amount of the one‑off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.

Division 4—2006 one‑off payment to carers eligible for carer payment

253 2006 one‑off payment to carers (carer payment related)

A person (the qualified person) is qualified for a 2006 one‑off payment to carers (carer payment related) if:

(a) the person has been paid an instalment of carer payment in respect of a period that includes 9 May 2006; and

(b) the person was paid that instalment because of a claim the person made on or before 9 May 2006.

254 Amount of the one‑off payment

The amount of the one‑off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.

Division 5—2006 one‑off payment to carers eligible for wife pension

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

A person (the qualified person) is qualified for a 2006 one‑off payment to carers (wife pension related) if:

(a) the person:

(i) has been paid an instalment of wife pension in respect of a period that includes 9 May 2006; and

(ii) was paid that instalment because of a claim the person made on or before 9 May 2006; and

(b) the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:

(i) the instalment was in respect of a period that includes 9 May 2006;

(ii) the reason why that instalment covered 9 May 2006 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;

(iii) the person was paid that instalment because of a claim the person made on or before 9 May 2006.

256 Amount of the one‑off payment

The amount of the one‑off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.

Division 6—2006 one‑off payment to carers eligible for partner service pension

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

A person (the qualified person) is qualified for a 2006 one‑off payment to carers (partner service pension related) if:

(a) the person:

(i) has been paid an instalment of partner service pension under Part III of the Veterans’ Entitlements Act in respect of a period that includes 9 May 2006; and

(ii) was paid that instalment because of a claim the person made on or before 9 May 2006; and

(b) the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:

(i) the instalment was in respect of a period that includes 9 May 2006;

(ii) the reason why that instalment covered 9 May 2006 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;

(iii) the person was paid that instalment because of a claim the person made on or before 9 May 2006.

258 Amount of the one‑off payment

The amount of the one‑off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.

Division 7—2006 one‑off payment to carers eligible for carer service pension

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

A person (the qualified person) is qualified for a 2006 one‑off payment to carers (carer service pension related) if:

(a) the person has been paid an instalment of carer service pension as a result of the operation of subclause 8(2) or (4) of Schedule 5 to the Veterans’ Entitlements Act in respect of a period that includes 9 May 2006; and

(b) the person was paid that instalment because of a claim the person made on or before 9 May 2006.

260 Amount of the one‑off payment

The amount of the one‑off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.

Division 8—2007 one‑off payment to carers eligible for carer payment

261 2007 one‑off payment to carers (carer payment related)

A person (the qualified person) is qualified for a 2007 one‑off payment to carers (carer payment related) if:

(a) the person has been paid an instalment of carer payment in respect of a period that includes 8 May 2007; and

(b) the person was paid that instalment because of a claim the person made on or before 8 May 2007.

262 Amount of the one‑off payment

The amount of the one‑off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.

Division 9—2007 one‑off payment to carers eligible for wife pension

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

A person (the qualified person) is qualified for a 2007 one‑off payment to carers (wife pension related) if:

(a) the person:

(i) has been paid an instalment of wife pension in respect of a period that includes 8 May 2007; and

(ii) was paid that instalment because of a claim the person made on or before 8 May 2007; and

(b) the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:

(i) the instalment was in respect of a period that includes 8 May 2007;

(ii) the reason why that instalment covered 8 May 2007 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;

(iii) the person was paid that instalment because of a claim the person made on or before 8 May 2007.

264 Amount of the one‑off payment

The amount of the one‑off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.

Division 10—2007 one‑off payment to carers eligible for partner service pension

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

A person (the qualified person) is qualified for a 2007 one‑off payment to carers (partner service pension related) if:

(a) the person:

(i) has been paid an instalment of partner service pension under Part III of the Veterans’ Entitlements Act in respect of a period that includes 8 May 2007; and

(ii) was paid that instalment because of a claim the person made on or before 8 May 2007; and

(b) the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:

(i) the instalment was in respect of a period that includes 8 May 2007;

(ii) the reason why that instalment covered 8 May 2007 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;

(iii) the person was paid that instalment because of a claim the person made on or before 8 May 2007.

266 Amount of the one‑off payment

The amount of the one‑off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.

Division 11—2007 one‑off payment to carers eligible for carer service pension

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

A person (the qualified person) is qualified for a 2007 one‑off payment to carers (carer service pension related) if:

(b) the person was paid that instalment because of a claim the person made on or before 8 May 2007.

268 Amount of the one‑off payment

The amount of the one‑off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.

Division 12—2008 one‑off payment to carers eligible for carer payment

269 2008 one‑off payment to carers (carer payment related)

A person (the qualified person) is qualified for a 2008 one‑off payment to carers (carer payment related) if:

(a) the person has been paid an instalment of carer payment in respect of a period that includes 13 May 2008; and

(b) the person was paid that instalment because of a claim the person made on or before 13 May 2008.

270 Amount of the one‑off payment

The amount of the one‑off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.

Division 13—2008 one‑off payment to carers eligible for wife pension

271 2008 one‑off payment to carers (wife pension related)

A person (the qualified person) is qualified for a 2008 one‑off payment to carers (wife pension related) if:

(a) the person:

(i) has been paid an instalment of wife pension in respect of a period that includes 13 May 2008; and

(ii) was paid that instalment because of a claim the person made on or before 13 May 2008; and

(b) the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:

(i) the instalment was in respect of a period that includes 13 May 2008;

(ii) the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;

(iii) the person was paid that instalment because of a claim the person made on or before 13 May 2008.

272 Amount of the one‑off payment

The amount of the one‑off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.

Division 14—2008 one‑off payment to carers eligible for partner service pension

273 2008 one‑off payment to carers (partner service pension related)

A person (the qualified person) is qualified for a 2008 one‑off payment to carers (partner service pension related) if:

(a) the person:

(i) has been paid an instalment of partner service pension under Part III of the Veterans’ Entitlements Act in respect of a period that includes 13 May 2008; and

(ii) was paid that instalment because of a claim the person made on or before 13 May 2008; and

(b) the following conditions are satisfied in relation to one or more instalments of carer allowance that have been paid to the person:

(i) the instalment was in respect of a period that includes 13 May 2008;

(ii) the reason why that instalment covered 13 May 2008 was not only because of clause 16 or 17 of Schedule 2 to the Administration Act;

(iii) the person was paid that instalment because of a claim the person made on or before 13 May 2008.

274 Amount of the one‑off payment

The amount of the one‑off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.

Division 15—2008 one‑off payment to carers eligible for carer service pension

275 2008 one‑off payment to carers (carer service pension related)

A person (the qualified person) is qualified for a 2008 one‑off payment to carers (carer service pension related) if:

(b) the person was paid that instalment because of a claim the person made on or before 13 May 2008.

276 Amount of the one‑off payment

The amount of the one‑off payment to the qualified person is $1000.

Note: The amount is $1000, regardless of the number of people for whom the qualified person provides care.

Part 2.6—One‑off energy assistance payment

300 One‑off energy assistance payment

(1) A person is qualified for a one‑off energy assistance payment if:

(a) age pension, disability support pension or pension PP (single) is payable to the person on 20 June 2017; and

(b) that pension is so payable because of a claim the person made on or before 20 June 2017; and

More than one entitlement under this section

(2) A person may receive one payment only under this section, regardless of how many times the person qualifies under this section.

More than one entitlement under this section and the Veterans’ Entitlements Act

(3) If a payment under Part IIIF of the Veterans’ Entitlements Act is paid to a person, no payment under this section can be paid to the person.

301 Amount of one‑off energy assistance payment

The amount of a person’s one‑off energy assistance payment under section 300 is worked out using the following table, having regard to the person’s situation on 20 June 2017:

Energy assistance payment
Item	Person’s situation on 20 June 2017	Amount of one‑off energy assistance payment
1	Not a member of a couple	$75
2	Partnered	$62.50
3	Member of an illness separated couple	$75
4	Member of a respite care couple	$75
5	Partnered (partner in gaol)	$75

Note: For member of a couple, partnered, illness separated couple, respite care couple and partnered (partner in gaol) see section 4.

Part 2.6A—2019 one‑off energy assistance payment

302 One‑off energy assistance payment

(1) A person is qualified for a one‑off energy assistance payment if:

(a) a benefit mentioned in subsection (2) is payable to the person on 2 April 2019; and

(b) that benefit is so payable because of a claim the person made on or before 2 April 2019; and

(2) For the purposes of paragraph (1)(a), the benefits are the following:

(a) age pension;

(b) disability support pension;

(d) carer payment;

(e) widow B pension;

(f) widow allowance;

(g) parenting payment;

(h) youth allowance;

(i) AUSTUDY payment;

(j) newstart allowance;

(k) sickness allowance;

(l) special benefit;

(m) partner allowance;

(n) double orphan pension;

(o) farm household allowance under the Farm Household Support Act 2014.

More than one entitlement under this section

(3) A person may receive one payment only under this section, regardless of how many times the person qualifies under this section.

More than one entitlement under this section and the Veterans’ Entitlements Act

(4) If a payment under Part IIIG of the Veterans’ Entitlements Act is paid to a person, no payment under this section can be paid to the person.

303 Amount of one‑off energy assistance payment

The amount of a person’s one‑off energy assistance payment under section 302 is worked out using the following table, having regard to the person’s situation on 2 April 2019.

Energy assistance payment
Item	Person’s situation on 2 April 2019	Amount of one‑off energy assistance payment
1	Not a member of a couple	$75
2	Partnered	$62.50
3	Member of an illness separated couple	$75
4	Member of a respite care couple	$75
5	Partnered (partner in gaol)	$75

Note: For member of a couple, partnered, illness separated couple, respite care couple and partnered (partner in gaol), see section 4.

Part 2.6B—2020 economic support payments

Division 1—First 2020 economic support payment

304 First 2020 economic support payment

Qualification for payment

(1) A person is qualified for a first 2020 economic support payment if subsection 308(2), (3) or (4) applies to the person on a day in the period:

(a) starting on 12 March 2020; and

(b) ending on 13 April 2020.

More than one entitlement

(2) A person may receive one payment only under this Division, regardless of how many times the person qualifies under this section.

(3) If:

(a) a first 2020 economic support payment under the ABSTUDY Scheme; or

(b) a first 2020 economic support payment under Division 1 of Part 9 of the Family Assistance Act; or

is paid to a person, no payment under this section can be paid to the person.

305 Amount of first 2020 economic support payment

The amount of a person’s first 2020 economic support payment under this Division is $750.

Division 2—Second 2020 economic support payment

306 Second 2020 economic support payment

Qualification for payment

(1) A person is qualified for a second 2020 economic support payment if:

(a) subsection 308(2), (3) or (4) applies to the person on 10 July 2020; and

(b) the person does not receive COVID‑19 supplement in respect of 10 July 2020.

More than one entitlement

(2) A person may receive one payment only under this Division, regardless of how many times the person qualifies under this section.

(3) If:

(a) a second 2020 economic support payment under the ABSTUDY Scheme; or

(b) a second 2020 economic support payment under Division 2 of Part 9 of the Family Assistance Act; or

is paid to a person, no payment under this Division can be paid to the person.

307 Amount of second 2020 economic support payment

The amount of a person’s second 2020 economic support payment under this Division is $750.

Division 3—Eligibility

308 Eligibility

(1) This section applies for the purposes of subsection 304(1) and paragraph 306(1)(a).

Receipt of certain benefits

(2) Subject to subsection (5) of this section, this subsection applies to a person on a day if the person receives one of the following benefits in respect of that day:

(a) age pension;

(b) disability support pension;

(d) carer payment;

(e) bereavement allowance;

(f) widow B pension;

(g) widow allowance;

(h) parenting payment;

(i) youth allowance;

(j) austudy payment;

(k) newstart allowance;

(l) jobseeker payment;

(m) sickness allowance;

(n) special benefit;

(o) partner allowance;

(p) carer allowance;

(q) double orphan pension.

Note: References to youth allowance, newstart allowance and jobseeker payment include references to farm household allowance: see section 93 of the Farm Household Support Act 2014.

Qualified for seniors health card

(3) Subject to subsection (5) of this section, this subsection applies to a person on a day if:

(a) the person makes a claim for a seniors health card under Division 1 of Part 3 of the Administration Act on or before that day; and

(b) the person does not withdraw that claim on or before that day; and

Qualified for pensioner concession card

(4) Subject to subsection (5) of this section, this subsection applies to a person on a day if the person is qualified for a pensioner concession card on that day.

Residence requirement

(5) Subsection (2), (3) or (4) does not apply to a person on a day if the person does not reside in Australia on that day.

Part 2.6C—Additional economic support payments

Division 1—Additional economic support payment 2020

309 Additional economic support payment 2020

Qualification for payment

(1) A person is qualified for an additional economic support payment 2020 if:

(a) subsection 313(2), (3) or (4) applies to the person on 27 November 2020; and

(b) the person is residing in Australia on 27 November 2020.

More than one entitlement

(2) A person may receive one payment only under this Division, regardless of how many times the person qualifies under this section.

(3) If:

(a) an additional economic support payment 2020 under Division 1 of Part 10 of the Family Assistance Act; or

(b) an additional economic support payment 2020 under Division 1 of Part IIIJ of the Veterans’ Entitlements Act;

is paid to a person, no payment under this Division can be paid to the person.

310 Amount of additional economic support payment 2020

The amount of a person’s additional economic support payment 2020 under this Division is $250.

Division 2—Additional economic support payment 2021

311 Additional economic support payment 2021

Qualification for payment

(1) A person is qualified for an additional economic support payment 2021 if:

(a) subsection 313(2), (3) or (4) applies to the person on 26 February 2021; and

(b) the person is residing in Australia on 26 February 2021.

More than one entitlement

(2) A person may receive one payment only under this Division, regardless of how many times the person qualifies under this section.

(3) If:

(a) an additional economic support payment 2021 under Division 2 of Part 10 of the Family Assistance Act; or

(b) an additional economic support payment 2021 under Division 2 of Part IIIJ of the Veterans’ Entitlements Act;

is paid to a person, no payment under this Division can be paid to the person.

312 Amount of additional economic support payment 2021

The amount of a person’s additional economic support payment 2021 under this Division is $250.

Division 3—Eligibility

313 Eligibility

(1) This section applies for the purposes of paragraphs 309(1)(a) and 311(1)(a).

Social security payments

(2) This subsection applies to a person on a day if:

(a) the following apply:

(i) the person receives age pension, disability support pension or carer payment in respect of that day;

(ii) the person does not receive a payment under a prescribed educational scheme in respect of that day; or

(b) the following apply:

(i) the person receives carer allowance in respect of that day;

(ii) the person does not receive an income support payment in respect of that day;

(iii) the person does not receive a payment under a prescribed educational scheme in respect of that day; or

(i) person receives double orphan pension in respect of that day;

(ii) the person does not receive an income support payment in respect of that day;

(iii) the person does not receive a payment under a prescribed educational scheme in respect of that day.

Seniors health card

(3) This subsection applies to a person on a day if:

(a) the following apply:

(i) the person is the holder of a seniors health card on that day;

(ii) the person does not receive a payment under a prescribed educational scheme in respect of that day; or

(b) the following apply:

(i) the person makes a claim for a seniors health card under Division 1 of Part 3 of the Administration Act on or before that day;

(ii) the claim is pending on that day;

(iii) the person is qualified for the card on that day;

(iv) the person does not receive a payment under a prescribed educational scheme in respect of that day.

Pensioner concession card

(4) This subsection applies to a person on a day if:

(a) the person is qualified for a pensioner concession card on that day; and

(b) the person does not receive an income support payment in respect of that day; and

Part 2.6D—2022 cost of living payment

Division 1—2022 cost of living payment

314 2022 cost of living payment

Qualification for payment

(1) A person is qualified for a 2022 cost of living payment if:

(a) subsection 316(2), (3) or (4) applies to the person on 29 March 2022; and

(b) the person is residing in Australia on 29 March 2022.

More than one entitlement

(2) A person may receive one payment only under this Division, regardless of how many times the person qualifies under this section.

(3) If:

(a) a 2022 cost of living payment under the ABSTUDY Scheme; or

(b) a 2022 cost of living payment under Division 1 of Part IIIK of the Veterans’ Entitlements Act;

is paid to a person, no payment under this section can be paid to the person.

315 Amount of 2022 cost of living payment

The amount of a person’s 2022 cost of living payment under this Division is $250.

Division 2—Eligibility

316 Eligibility

(1) This section applies for the purposes of subsection 314(1).

Receipt of certain benefits

(2) This subsection applies to a person on a day if the person receives one of the following benefits in respect of that day:

(a) age pension;

(b) disability support pension;

(d) parenting payment;

(e) youth allowance;

(f) austudy payment;

(g) jobseeker payment;

(h) special benefit;

(i) carer allowance;

(j) double orphan pension.

Note: References to youth allowance and jobseeker payment include references to farm household allowance: see section 93 of the Farm Household Support Act 2014.

Qualified for seniors health card

(3) This subsection applies to a person on a day if:

(a) the person makes a claim for a seniors health card under Division 1 of Part 3 of the Administration Act on or before that day; and

(b) the person does not withdraw that claim on or before that day; and

Qualified for pensioner concession card

(4) This subsection applies to a person on a day if the person is qualified for a pensioner concession card on that day.

Part 2.10—Parenting payment

Division 1—Qualification for and payability of parenting payment

500 Qualification for parenting payment

(1) A person is qualified for parenting payment if:

(a) the person has at least one PP child (see section 500D); and

(b) the person is an Australian resident; and

(c) in a case where the person is not a member of a couple and does not have at least one PP child who has not turned 6—the person satisfies subsection (2A); and

(ca) in a case where the person is in a class of persons specified by legislative instrument under subsection (2)—the person satisfies subsection (2B); and

(d) at least one of the following conditions is satisfied:

(i) the person is not a member of a couple and the person was not a lone parent at the start of the person’s current period as an Australian resident;

(ii) the person has, at any time, been in Australia for a period of, or periods adding up to, at least 104 weeks during a continuous period throughout which the person was an Australian resident;

(iii) the person has a qualifying residence exemption for parenting payment;

(iv) the person satisfies subsection (3).

Note 1: For Australian resident, see section 7. For qualifying residence exemption in relation to parenting payment, see subsection 7(6) and paragraph 7(6AA)(f).

Note 2: If a person is claiming parenting payment under a scheduled international social security agreement, the requirements of this subsection could be modified by section 10 of the Social Security (International Agreements) Act 1999.

Note 3: For lone parent and current period as an Australian resident see subsection 23(1).

Note 4: A person receiving parenting payment, and who receives employment services from a remote engagement program provider, may also qualify for a remote engagement program payment: see Part 2.13.

(2) For the purposes of paragraph (1)(ca), the Minister may, by legislative instrument, specify a class of persons.

(2A) A person satisfies this subsection if:

(a) the following apply:

(i) the person satisfies the employment pathway plan requirements;

(ii) the person satisfies the Employment Secretary that the person is willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person; or

(b) the following apply:

(i) the person is, under Subdivision C of Division 2A of Part 3 of the Administration Act, not required to satisfy the employment pathway plan requirements;

(ii) the person satisfies the Employment Secretary that the person would otherwise be willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person.

Note 1: For satisfies the employment pathway plan requirements, see subsection 23(1).

Note 2: See Division 2B of Part 3 of the Administration Act for the circumstances in which paid work is unsuitable to be done by a person.

(2B) A person satisfies this subsection if:

(a) the following apply:

(i) the person satisfies the employment pathway plan requirements;

(ii) if required by the Employment Secretary, the person satisfies the Employment Secretary that the person is willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person; or

(b) the following apply:

(i) the person is, under Subdivision C of Division 2A of Part 3 of the Administration Act, not required to satisfy the employment pathway plan requirements;

(ii) if required by the Employment Secretary, the person satisfies the Employment Secretary that the person would otherwise be willing to actively seek and to accept and undertake paid work in Australia, except particular paid work that is unsuitable to be done by the person.

Note 1: For satisfies the employment pathway plan requirements, see subsection 23(1).

Note 2: See Division 2B of Part 3 of the Administration Act for the circumstances in which paid work is unsuitable to be done by a person.

(3) A person satisfies this subsection if the following apply:

(a) before the person made the claim for parenting payment, the person was a family member of another person at the time the other person became a refugee;

(b) the person is a family member of that other person at the time the person made the claim for parenting payment or, if that other person has died, the person was a family member of that other person immediately before that other person died.

(4) For the purposes of subsection (3):

(a) family member has the meaning given by subsection 7(6D); and

(b) refugee has the meaning given by subsection 7(6B).

500B Qualification—assurance of support

A person is not qualified for parenting payment if the Secretary is satisfied that:

(a) an assurance of support is in force in respect of the person (the assuree); and

(b) the person who gave the assurance of support is willing and able to provide an adequate level of support to the assuree; and

Note: For assurance of support see subsection 23(1).

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

(1) If:

(a) a person (claimant) who is a member of a couple has claimed but has not yet received parenting payment; and

(b) when the claim was lodged, the claimant was unemployed;

the claimant is not qualified for parenting payment unless the Secretary is satisfied that the claimant’s unemployment is not due to the fact that the claimant is, or has been, engaged in industrial action or a series of industrial actions.

(2) For the purposes of subsection (1) and without limiting that subsection, a claimant is taken not to be, or not to have been, engaged in industrial action or a series of industrial actions if the Secretary is satisfied that the claimant’s unemployment is due to the fact that other persons are, or have been, engaged in industrial action or in a series of industrial actions, and that:

(a) if industrial action is still being engaged in:

(i) those persons, or some of those persons, are members of a trade union that is involved in the industrial action, or have been such members at any time since industrial action started; and

(ii) the claimant has not been a member of that trade union at any time since industrial action started; or

(b) if industrial action has stopped:

(i) at any time while industrial action was being engaged in, those persons, or some of those persons, were members of a trade union that was involved in the industrial action; and

(ii) the claimant was not a member of that trade union at any time while industrial action was being engaged in.

(3) Subsection (1) does not prevent a person from being qualified for parenting payment after the relevant industrial action or series of industrial actions has stopped.

Note: For industrial action, trade union and unemployment see section 16.

500D PP child

(1) A child is a PP child of a person if:

(a) the child is a child of the person; and

(b) the person is a member of a couple; and

(d) the person is the principal carer of the child.

(2) A child is a PP child of a person if:

(a) the child is a child of the person; and

(b) the person is not a member of a couple; and

(d) the person is the principal carer of the child.

Note: For principal carer see subsections 5(15) to (24).

500E Prospective determinations for some recipients

(1) A person is qualified for parenting payment for a period determined by the Secretary if:

(a) the person is receiving parenting payment; and

(b) the Secretary considers at the start of the period that:

(i) the person may reasonably be expected to satisfy the qualification requirements for parenting payment (see sections 500 to 500C) during the period; and

(ii) it is reasonable to expect that parenting payment will be payable to the person for the period; and

(iii) the person will comply with the Act during the period; and

(d) the Secretary is satisfied that the person should be qualified under this section for a parenting payment for the period.

(2) The Minister:

(a) must determine, by legislative instrument, guidelines for making decisions under paragraph (1)(b); and

(b) may revoke or vary the determination.

If the Minister revokes a determination, the Minister must determine, by legislative instrument, guidelines that commence immediately after the revocation.

Subdivision B—General principles relating to payability

500I Parenting payment not payable if payment rate nil

(1) Subject to subsection (2), a parenting payment is not payable to a person if the person’s parenting payment rate would be nil.

(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because:

(a) an election by the person under subsection 915A(1) (about quarterly energy supplement) or 1061VA(1) (about quarterly pension supplement) is in force; or

(b) the person has been paid an advance pharmaceutical allowance under the social security law.

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

Parenting payment is not payable to a person if the person refuses or fails, without reasonable excuse, to comply with a requirement made of the person under section 67, 68 or 192 of the Administration Act.

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

(1) Parenting payment is not payable to a person if the value of the person’s assets exceeds the person’s assets value limit.

(2) The assets value limit of a person who is not a member of a couple is worked out using the following table:

Table—Assets value limits for person who is not a member of a couple
Column 1 Item	Column 2 Person’s situation	Column 3 Assets value limit
1	Person is a homeowner	$250,000
2	Person is not a homeowner	$450,000

Note 1: For homeowner see section 11.

Note 2: The assets value limit in Column 3 of Item 1 is indexed annually in line with CPI increases (see sections 1190 to 1194).

Note 3: The assets value limit in Column 3 of Item 2 is adjusted annually (see subsection 1204(1)).

Note 4: If parenting payment is not payable to a person because of the value of the person’s assets, the person may be able to take advantage of provisions dealing with financial hardship (see sections 1130B and 1130C).

(3) The assets value limit of a person who is a member of a couple is worked out using the following table:

Table—Assets value limits for person who is a member of a couple
Column 1 Item	Column 2 Person’s situation	Column 3 Assets value limit
		Column 3A Either person or partner homeowner	Column 3B Neither person nor partner homeowner
1	Person is partnered (partner getting neither pension nor benefit)	$375,000	$575,000
2	Person is partnered (partner getting pension or benefit)	$187,500	$287,500

Note 1: For partnered (partner getting neither pension nor benefit) and partnered (partner getting pension or benefit) see subsection 4(11).

Note 2: For homeowner see subsection 11(4).

Note 3: If item 1 applies to a person, the value of all the assets of the person’s partner are to be taken as being included in the value of the person’s assets (see subsection (4)). If item 2 applies to a person, the value of the person’s assets is only half the combined value of the person’s assets and the assets of the person’s partner (see subsection (5)).

Note 4: If benefit PP (partnered) is not payable to a person because of the value of the person’s assets, the person may be able to take advantage of provisions dealing with financial hardship (see sections 1131 and 1132).

Note 5: The assets value limits of item 2 are indexed annually in line with CPI increases (see sections 1191 to 1194).

Note 6: The item 1 assets value limits are adjusted annually so that they are twice the corresponding item 2 limits (see subsections 1204(2) and (3)).

(4) For the purposes of subsection (3), if the person is partnered (partner getting neither pension nor benefit):

(a) the value of the person’s assets includes the value of the partner’s assets; and

(b) the value of assets of a particular kind of the person includes the assets of that kind of the partner.

Note: For partnered (partner getting neither pension nor benefit) see subsection 4(11).

(5) For the purposes of subsection (3), if the person is partnered (partner getting pension or benefit):

(a) the value of the person’s assets is taken to be 50% of the sum of the value of the assets of the person and the value of the assets of the person’s partner; and

(b) the value of the person’s assets of a particular kind are taken to be 50% of the sum of the value of the assets of that kind of the person and the value of the assets of that kind of the person’s partner.

Note: For partnered (partner getting pension or benefit) see subsection 4(11).

500S Multiple entitlement exclusion

(1) Parenting payment is not payable to a person if the person is already receiving a service pension or a veteran payment.

(2) If:

(a) a person is receiving parenting payment; and

(b) a social security pension other than a pension PP (single) or a social security benefit other than a benefit PP (partnered) or a service pension or a veteran payment becomes payable to the person;

parenting payment is not payable to the person.

Note 1: Another payment type will generally not become payable to the person until the person claims it.

Note 2: For social security pension and social security benefit see subsection 23(1).

(3) Parenting payment is not payable to a woman if:

(a) the woman is an armed services widow; and

(b) the woman is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.

Note: For armed services widower see subsection 4(1).

(4) Parenting payment is not payable to a man if:

(a) the man is an armed services widower; and

(b) the man is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.

Note: For armed services widower see subsection 4(1).

(5) Parenting payment is not payable to a person if:

(a) the person is an armed services widow or an armed services widower; and

(b) the person is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA.

Note 1: For armed services widow and armed services widower see subsection 4(1).

Note 2: For MRCA see subsection 23(1).

500V Educational schemes exclusion—person member of a couple

(1) This section applies to a person who is a member of a couple.

(2) Parenting payment is not payable to the person if the person is receiving:

(b) payments under the ABSTUDY Scheme (other than payments under the ABSTUDY Scheme as a part‑time student); or

500VA Exclusion of certain participants in ABSTUDY Scheme

(1) If:

(a) a payment is made in respect of a person under the ABSTUDY Scheme; and

(b) the payment is made on the basis that the person is a full‑time student; and

(d) the payment relates to a period;

pension PP (single) is not payable to the person in respect of any part of the period.

(2) If:

(a) a person is qualified for a payment under the ABSTUDY Scheme; and

(b) the payment for which the person is qualified is a payment that:

(i) is made on the basis that the person is a full‑time student; and

(ii) is calculated on the basis that an amount identified as living allowance (the basic payment) is included; and

(iii) relates to a period;

pension PP (single) is not payable to the person in respect of any part of the period.

(3) If:

(a) a person may enrol in a full‑time course of education; and

(b) a payment referred to in subsection (2) may be made in respect of the person;

the Secretary may decide that, in spite of subsection (2), pension PP (single) is payable to the person before the person starts the course.

500WA Ordinary waiting period

(1) Subject to subsections (2) and (4), a person is subject to an ordinary waiting period unless:

(a) at some time in the 13 weeks immediately before the person’s start day (worked out disregarding clause 5 of Schedule 2 to the Administration Act), the person received an income support payment; or

(b) the Secretary is satisfied that the person is experiencing a personal financial crisis.

Note 1: For income support payment see subsection 23(1).

Note 2: For experiencing a personal financial crisis see section 19DA.

(2) Subsection (1) does not apply to a person who:

(a) is undertaking an activity specified in an instrument made under subsection (3); and

(b) has been exempted from the application of subsection (1) by the Secretary.

(3) The Secretary may, by legislative instrument, specify activities for the purpose of paragraph (2)(a).

(4) If a person makes a claim for parenting payment during the period beginning on 1 April 2021 and ending at the end of 30 June 2021, then, despite subsection (1), the person is not subject to the whole of the ordinary waiting period.

500WB Duration of ordinary waiting period

(1) Subject to subsections (2) and (4), if a person is subject to an ordinary waiting period, the ordinary waiting period is the period of 7 days that starts on the person’s start day (worked out disregarding clause 5 of Schedule 2 to the Administration Act).

(2) Subject to subsection (4), if:

(a) a person is subject to an ordinary waiting period; and

(b) apart from this subsection, the ordinary waiting period would be the period of 7 days that starts on the person’s start day (worked out disregarding clause 5 of Schedule 2 to the Administration Act); and

(c) that start day falls within one or more of the following periods (each of which is an exclusion period) that the person is subject to:

(i) a seasonal work preclusion period;

(ii) a lump sum preclusion period under Part 3.14;

(iii) an income maintenance period, where the person’s rate of parenting payment on that start day would be nil;

then the ordinary waiting period is the period of 7 days that starts on the first day after all the exclusion periods have ended.

(3) If:

(a) subparagraph (2)(c)(iii) applies to a person; and

(b) on a day in that income maintenance period, the person’s rate of parenting payment would be greater than nil if parenting payment were payable to the person on that day;

then, for the purposes of subsection (2), that income maintenance period is taken to have ended at the end of the day before that day.

(4) If:

(a) a person qualifies for a social security payment (other than parenting payment); and

(b) because the person is subject to an ordinary waiting period relating to that payment, that payment is not payable to the person for a period starting on a particular day (the initial day); and

(i) ceases to be qualified for that payment; and

(ii) claims parenting payment;

the person’s ordinary waiting period relating to parenting payment is the period of 7 days that starts on the initial day.

Note: Ordinary waiting periods apply to parenting payment, youth allowance and jobseeker payment.

500X Newly arrived resident’s waiting period

(1) Subject to this section, a person who:

(a) has entered Australia; and

(b) has not been an Australian resident and in Australia for a period of, or periods totalling, 208 weeks;

is subject to a newly arrived resident’s waiting period.

Note: For Australian resident see subsection 7(2).

(2) Subsection (1) does not apply to a person who has a qualifying residence exemption for parenting payment.

Note: For qualifying residence exemption in relation to parenting payment see subsection 7(6) and paragraph 7(6AA)(f).

(3) Subsection (1) does not apply to a person if the person:

(a) is the principal carer of one or more children; and

(b) is not a member of a couple; and

Note 1: For principal carer see subsections 5(15) to (24).

Note 2: For lone parent and current period as an Australian resident see subsection 23(1).

(4) Subsection (1) does not apply to a person if:

(a) the person is a refugee, or a former refugee, at the time the person made the claim for parenting payment; or

(b) the following apply:

(i) before the person made the claim for parenting payment, the person was a family member of another person at the time the other person became a refugee;

(ii) the person is a family member of that other person at the time the person made the claim for parenting payment or, if that other person has died, the person was a family member of that other person immediately before that other person died; or

(5) For the purposes of subsection (4):

(a) family member has the meaning given by subsection 7(6D); and

(b) former refugee has the meaning given by subsection 7(1); and

500Y Duration of newly arrived resident’s waiting period

(1) If a person is subject to a newly arrived resident’s waiting period, the period starts on the day the person first became an Australian resident.

(2) The newly arrived resident’s waiting period ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 208 weeks.

500Z Seasonal workers—preclusion period

(1) This section applies if:

(a) a person has lodged a claim for parenting payment; and

(b) at any time during the 6 months immediately before the day on which the person lodged the claim, the person, or the person’s partner, has been engaged in seasonal work.

Note: For seasonal work see subsection 16A(1).

(2) Parenting payment is not payable to the person:

Note: For seasonal work preclusion period see subsection 16A(1).

(a) the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and

(b) the determination has effect accordingly.

Note 1: For in severe financial hardship see subsection 19C(3) (person who is a member of a couple).

Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).

Division 4—Rate of parenting payment

Subdivision A—Rate of parenting payment

503 How to work out a person’s parenting payment rate

A person’s parenting payment rate is worked out using:

(a) if the person is not a member of a couple—the Pension PP (Single) Rate Calculator at the end of section 1068A (see Part 3.6A); or

(b) if the person is a member of a couple—the Benefit PP (Partnered) Rate Calculator at the end of section 1068B (see Part 3.6A).

503A Approved program of work supplement

If a person:

(a) is receiving a parenting payment; and

(b) is participating in an approved program of work for income support payment;

the rate of the person’s parenting payment is increased by an amount of $20.80, to be known as the approved program of work supplement, for each fortnight during which the person participates in the program.

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

Subdivision A—Continuation of parenting payment after death of child

512 Death of PP child—continuation of qualification for 14 weeks

(1) If:

(a) a person is receiving parenting payment for a dependent child; and

(b) the child dies; and

the person is qualified for parenting payment in respect of the child, for the period of 14 weeks that starts on the day of the child’s death.

(2) If a person is qualified under subsection (1), the person’s parenting payment rate during the 14 weeks is to be worked out as if the child had not died.

Subdivision B—Death of recipient

513 Death of recipient—recipient not member of a couple

(1) If:

(a) a person is receiving parenting payment; and

(b) the person is not a member of a couple; and

there is payable, to such person as the Secretary thinks appropriate, an amount equal to the amount that would have been payable to the person under this Act on the payday after the person’s death if the person had not died.

Note: For death of a person qualified for bereavement payments under Subdivision C see section 514E.

513A Death of recipient—recipient member of a couple

If:

(a) a person is receiving parenting payment; and

(b) the person is a member of a couple; and

(d) the person:

(i) was qualified at the time of the person’s death for payments under Subdivision A in relation to the death of a PP child; or

(ii) would have been qualified if the person had not died; and

(e) the person’s partner claims the payments referred to in paragraph (d) within 13 weeks after the death of the child;

there is payable to the partner of the person an amount equal to the amount of parenting payment that would have been payable to the person under Subdivision A if the person had not died.

Subdivision C—Death of partner

514 Surviving partner and deceased partner

If:

(a) a person is receiving parenting payment; and

(b) the person’s partner dies;

then, for the purposes of this Division:

(d) the person’s partner is the deceased partner.

514A Qualification for payments under this Subdivision

(1) If:

(a) a person is receiving a benefit PP (partnered); and

(b) the person’s partner dies; and

(i) was a long‑term social security recipient; or

(ii) was receiving a social security pension, a service pension, income support supplement or a veteran payment; and

(d) immediately before the deceased partner died, the surviving partner was a long‑term social security recipient;

the surviving partner is qualified for payments under this Subdivision to cover the bereavement period.

Note 1: For benefit PP (partnered) see section 18 and for long‑term social security recipient see subsection 23(1).

Note 2: Section 514B provides for the payment to the surviving partner, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the deceased partner during that period if the partner had not died.

Note 3: Section 514C provides for payment to the surviving partner of a lump sum that represents the instalments that would have been paid to the deceased partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the deceased partner had not died.

Note 4: For bereavement period see section 21.

(2) A surviving partner who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.

(3) An election under subsection (2):

(a) must be made by written notice to the Secretary; and

(b) may be made after the surviving partner has been paid an amount or amounts under this Subdivision; and

514B Continued payment of deceased partner’s previous entitlement

If a surviving partner is qualified for payments under this Subdivision in relation to the death of the deceased partner, there is payable to the surviving partner, on each of the deceased partner’s paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the deceased partner on that payday if he or she had not died.

Note: For bereavement rate continuation period see section 21.

514C Lump sum payable in some circumstances

If:

(a) a surviving partner is qualified for payments under this Subdivision in relation to the death of the deceased partner; and

(b) the first available bereavement adjustment payday occurs before the end of the bereavement period;

there is payable to the surviving partner as a lump sum an amount worked out using the following Lump Sum Calculator:

Lump Sum Calculator

This is how to work out the amount of the lump sum:

Method statement

Step 1. Work out the amount that would have been payable to the surviving partner on the surviving partner’s payday immediately before the first available bereavement adjustment payday if:

(a) the deceased partner had not died; and

(b) if, immediately before the partner’s death, the couple were an illness separated couple or a respite care couple—they were not such a couple.

Note: For illness separated couple and respite care couple see subsections 4(7) and (8).

Step 2. Work out the amount that would have been payable to the deceased partner on the deceased partner’s payday immediately before the first available bereavement adjustment payday if:

(a) the deceased partner had not died; and

(b) if, immediately before the partner’s death, the couple were an illness separated couple or a respite care couple—they were not such a couple.

Note: For illness separated couple and respite care couple see subsections 4(7) and (8).

Step 3. Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4. Work out the amount of pension PP (single) that would, if section 514D did not apply, have been payable to the surviving partner on the surviving partner’s payday immediately before the first available bereavement adjustment payday: the result is called the surviving partner’s individual rate.

Step 5. Take the surviving partner’s individual rate away from the combined rate: the result is called the deceased partner’s instalment component.

Step 6. Work out the number of the deceased partner’s paydays in the bereavement lump sum period.

Step 7. Multiply the deceased partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable to the surviving partner under this section.

514D Adjustment of person’s parenting payment rate

(1) This section applies if a surviving partner:

(a) is qualified for payments under this Subdivision; and

(b) does not elect under subsection 514A(2) not to receive payments under this Subdivision.

(2) The surviving partner’s parenting payment rate during the bereavement rate continuation period is the benefit PP (partnered) rate that would have been payable to the surviving partner if:

(a) the deceased partner had not died; and

(b) if the couple had been an illness separated couple or a respite care couple—they had not been such a couple.

(3) The surviving partner’s parenting payment rate during the bereavement lump sum period (if any) is the pension PP (single) rate.

Note 1: For bereavement period, bereavement rate continuation period, bereavement lump sum period and first available bereavement adjustment payday see section 21.

Note 2: For illness separated couple and respite care couple see subsections 4(7) and (8) respectively.

Note 3: For pension PP (single) and benefit PP (partnered) see section 18.

514E Effect of death of surviving partner

If:

(a) a surviving partner is qualified for payments under this Subdivision in relation to the death of the deceased partner; and

(b) the surviving partner dies within the bereavement period; and

there is payable, as a lump sum, to any person that the Secretary thinks appropriate, an amount worked out using the following Lump Sum Calculator:

Lump Sum Calculator

This is how to work out the amount of the lump sum:

Method statement

Step 1. Work out the amount that would have been payable to the surviving partner on the surviving partner’s payday immediately after the day on which the surviving partner died if:

(a) neither the surviving partner nor the deceased partner had died; and

(b) if, immediately before the deceased partner’s death, the couple were an illness separated couple or a respite care couple—they were not such a couple.

Note: For illness separated couple and respite care couple see subsections 4(7) and (8).

Step 2. Work out the amount that would have been payable to the deceased partner on the deceased partner’s payday immediately after the day on which the surviving partner died if:

(a) neither the surviving partner nor the deceased partner had died; and

(b) if, immediately before the deceased partner’s death, the couple were an illness separated couple or a respite care couple—they were not such a couple.

Note: For illness separated couple and respite care couple see subsections 4(7) and (8).

Step 3. Add the results of Step 1 and Step 2: the result is called the combined rate.

Step 4. Work out the amount of pension PP (single) that would, if section 514D did not apply, have been payable to the surviving partner on the surviving partner’s payday immediately after the day on which the surviving partner died if the surviving partner had not died: the result is called the surviving partner’s individual rate.

Step 5. Take the surviving partner’s individual rate away from the combined rate: the result is called the deceased partner’s instalment component.

Step 6. Work out the number of the deceased partner’s paydays in the period that commences on the day on which the surviving partner dies and ends on the day on which the bereavement period ends.

Step 7. Multiply the deceased partner’s instalment component by the number obtained in Step 6: the result is the amount of the lump sum payable under this section.

Note: For bereavement period and first available bereavement adjustment payday see section 21.

514F Matters affecting payments under this Subdivision

(1) If:

(a) the surviving partner is qualified for payments under this Subdivision; and

(b) after the deceased partner died, an amount to which the deceased partner would have been entitled if he or she had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act; and

the following provisions have effect:

(d) the amount referred to in paragraph (b) is not recoverable from the surviving partner or from the personal representative of the deceased partner, except to the extent (if any) that the amount exceeds the amount payable to the surviving partner under this Subdivision;

(e) the amount payable to the surviving partner under this Subdivision is to be reduced by the amount referred to in paragraph (b).

(2) If:

(a) the surviving partner is qualified for payments under this Subdivision; and

(b) an amount to which the deceased partner would have been entitled if the deceased partner had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and

(c) the bank pays to the surviving partner, out of that account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);

the bank is, in spite of anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the deceased partner or anyone else in respect of the payment of that money to the surviving partner.

Note: For bereavement period see section 21.

Part 2.11—Youth allowance

Division 1—Qualification for youth allowance

Subdivision A—Basic qualifications

540 Qualification for youth allowance—general rule

(1) Subject to this Subdivision, a person is qualified for a youth allowance in respect of a period if:

(a) throughout the period:

(i) the person is undertaking full‑time study (see section 541B); or

(ii) the person is exempt from undertaking full‑time study (see Subdivision C) but the person satisfies the Secretary that the person would otherwise be undertaking full‑time study (see section 541B); or

(iii) the person satisfies subsection (2); and

(b) throughout the period the person is of youth allowance age (see Subdivision D); and

(d) throughout the period, the person:

(i) is an Australian resident; or

(ii) is exempt from the residence requirement within the meaning of subsection 7(7).

Note 1: Subdivision G provides for prospective qualification for youth allowance.

Note 2: Division 2 sets out situations in which youth allowance is not payable even if the person qualifies for it.

(2) A person satisfies this subsection if:

(a) the following apply:

(i) the person satisfies the employment pathway plan requirements;

(iii) the person is not undertaking full‑time paid work for at least 35 hours per week; or

(b) the following apply:

(i) the person is, under Subdivision C of Division 2A of Part 3 of the Administration Act, not required to satisfy the employment pathway plan requirements;

(iii) the person is not undertaking full‑time paid work for at least 35 hours per week.

Note 1: For satisfies the employment pathway plan requirements, see subsection 23(1).

Note 2: See Division 2B of Part 3 of the Administration Act for the circumstances in which paid work is unsuitable to be done by a person.

Note 3: A person receiving youth allowance, and who receives employment services from a remote engagement program provider, may also qualify for a remote engagement program payment: see Part 2.13.

540A Qualification for youth allowance—claimants for disability support pension

General rule

(1) Subject to this Subdivision, a person is qualified for a youth allowance in respect of a period if:

(b) throughout the period, the person is of youth allowance age (see Subdivision D); and

(c) the person made a claim for disability support pension at or before the start of the period and the claim was not determined before the end of the period; and

(d) the Secretary is satisfied that, throughout the period, the person suffers from a medical condition that had a significant adverse effect on the person’s ability to work or study; and

(e) throughout the period, the person satisfies the residency requirements that apply to the person under Subdivision F; and

(f) the person satisfies any one of the conditions in subsection (2).

Conditions for qualification

(2) The conditions referred to in paragraph (1)(f) are:

(a) a condition that the person was an Australian resident when the significant adverse effect of the medical condition on the person’s ability to work or study first occurred; and

(b) a condition that at the start of the period the person had 10 years qualifying Australian residence or had a qualifying residence exemption for a social security benefit or youth training allowance; and

(i) the person was born outside Australia; and

(ii) when the significant adverse effect of the medical condition first occurred the person was not an Australian resident but was a dependent child of an Australian resident; and

(iii) the person became an Australian resident while a dependent child of an Australian resident.

Note 1: Subdivision G provides for prospective qualification for youth allowance.

Note 2: Division 2 sets out situations in which youth allowance is not payable even if the person qualifies for it.

540AA Qualification for youth allowance—new apprentices

Subject to this Subdivision, a person is qualified for a youth allowance in respect of a period if, throughout the period:

(a) the person is a new apprentice; and

(b) the person is of youth allowance age (see Subdivision D); and

(i) is an Australian resident; or

(ii) is exempt from the residence requirement within the meaning of subsection 7(7).

Note 1: Subdivision G provides for prospective qualification for youth allowance.

Note 2: Division 2 sets out situations in which youth allowance is not payable even if the person qualifies for it.

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

General rule

(1) Subject to this Subdivision, a person is qualified for a youth allowance in respect of the period starting in accordance with subsection (2) and ending in accordance with subsection (3) if:

(a) the person satisfies the Secretary that throughout the period the person is unemployed; and

(b) throughout the period, the person is of youth allowance age (see Subdivision D); and

(d) the person satisfies the Secretary that it is likely that the person has a permanent medical condition that would prevent the person from undertaking full‑time work; and

(e) the person satisfies the Secretary that it would be unreasonable to expect the person to enter into an employment pathway plan until an assessment of the person’s capacity to work has been undertaken; and

(f) throughout the period, the person:

(i) is an Australian resident; or

(ii) is exempt from the residence requirement within the meaning of subsection 7(7).

Note 1: Subdivision G provides for prospective qualification for youth allowance.

Note 2: Division 2 sets out situations in which youth allowance is not payable even if the person qualifies for it.

Period for which person is qualified

(2) The period for which the person is qualified for a youth allowance under this section starts:

(a) if the person is already receiving youth allowance when the Secretary becomes aware of the medical condition referred to in paragraph (1)(d)—when the Secretary becomes aware of the medical condition; or

(b) otherwise—when the person made, or is taken to have made, the claim for youth allowance.

(3) The period for which the person is qualified for a youth allowance under this section ends:

(a) if the person has failed to comply with a requirement to enter into a Youth Allowance Employment Pathway Plan—on the day on which the person so failed; or

(b) in any other case—when the person enters into a Youth Allowance Employment Pathway Plan.

Extending the meaning of who is unemployed

(4) The Secretary may, for the purposes of this section, treat a person as being unemployed throughout a period if:

(a) during the period, the person undertakes:

(i) paid work that, in the Secretary’s opinion, is suitable for the person to undertake; or

(ii) any other activity;

as a result of which he or she would, but for this subsection, not be taken to be unemployed; and

(b) the Secretary is of the opinion that, taking into account:

(i) the nature of the work or other activity; and

(ii) the duration of the work or other activity; and

(iii) any remuneration received for the work or other activity; and

(iv) any other matters relating to the work or other activity, or to the person’s circumstances, that the Secretary considers relevant;

the activity should be disregarded.

(5) However, the activity must not be or include an activity of a kind that the Secretary determines under subsection (6).

(6) The Secretary may determine, by legislative instrument, kinds of activities that are not to be taken into account for the purposes of subsection (4).

540B Qualification for youth allowance—transferee from social security pension

If:

(a) a person was receiving a social security pension; and

(b) the person claims a youth allowance within 14 days after the day on which the last instalment of the person’s pension was paid; and

(c) the person becomes qualified for a youth allowance at some time during the 14 day period but after the first day of that period;

the person is taken to be qualified for a youth allowance for the whole of the 14 day period.

540BA Qualification for youth allowance—coronavirus

A person is qualified for a youth allowance in respect of a period that occurs between 1 April 2021 and 30 June 2021 if:

(a) the Secretary is satisfied that the person is in quarantine or self‑isolation as a result of advice from, or a requirement made by, the Commonwealth, a State or a Territory or a health professional regarding the coronavirus known as COVID‑19, or is caring for an immediate family member or a member of the person’s household who is in such quarantine or self‑isolation, throughout the period; and

(b) the Secretary is satisfied that, as a result of the circumstance in paragraph (a), the person’s working hours were reduced (including to zero); and

(c) throughout the period the person satisfies the activity test (see Subdivision B) or is not required to satisfy the activity test (see Subdivision C); and

(d) the Secretary is satisfied that:

(i) the person is not entitled to receive a leave payment in respect of the period; or

(ii) the person has taken reasonable steps to access any leave payment to which the person may be entitled in respect of the period; or

(iii) the person is receiving a leave payment in respect of the period but, as a result of the adverse economic effects of the coronavirus known as COVID‑19, the payment is less than it would otherwise have been; or

(iv) the person is receiving a leave payment in respect of the period, but the total amount of the leave payment in the period is less than the amount of youth allowance that would be payable to the person in the period if the person’s claim were granted; and

(e) throughout the period the person is of youth allowance age (see Subdivision D); and

(f) throughout the period the person:

(i) is an Australian resident; or

(ii) is exempt from the residence requirement within the meaning of subsection 7(7).

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

If:

(a) a person is receiving a youth allowance; and

(b) apart from this section, the person would cease on a particular day to be qualified for the allowance because the person has attained the maximum age for youth allowance; and

(c) the day falls in, but is not the last day of, a period for which an instalment of youth allowance is payable to the person;

the person continues to be qualified for the allowance until the end of that period.

Subdivision B—Undertaking full‑time study

541B Undertaking full‑time study

General

(1) For the purposes of this Act, a person is undertaking full‑time study if:

(a) the person:

(i) is enrolled in a course of education at an educational institution; or

(ii) was enrolled in the course and satisfies the Secretary that he or she intends, and has (since no longer being enrolled) always intended, to re‑enrol in the course when re‑enrolments in the course are next accepted; or

(iii) was enrolled in the course and satisfies the Secretary that he or she intends, and has (since no longer being enrolled) always intended, to enrol in another course of education (at the same or a different educational institution) when enrolments in the other course are next accepted; and

(b) the person:

(i) is undertaking in the particular study period (such as, for example, a semester) for which he or she is enrolled for the course; or

(ii) intends to undertake in the next study period for which he or she intends to enrol for the course;

either:

(iii) in a case to which subsection (1A) does not apply—at least three‑quarters of the normal amount of full‑time study in respect of the course for that period (see subsections (2) to (4)); or

(iv) in a case to which subsection (1A) applies—at least two‑thirds of the normal amount of full‑time study in respect of the course for that period (see subsections (2) to (4)); and

(ca) if the course is an accelerator program course or a combined course that includes an accelerator program course—the person is entitled to STARTUP‑HELP assistance for the accelerator program course; and

(d) if the course is a combined course or a course other than an accelerator program course—in the Secretary’s opinion, the person is making satisfactory progress towards completing the course.

Note 1: Only one course of education can be considered in deciding if a person satisfies the undertaking full‑time study requirement: see section 541C.

Note 2: For combined courses, see the legislative instrument made under section 5D of the Student Assistance Act 1973.

When two‑thirds study load applies

(1A) This subsection applies for the purposes of subparagraph (1)(b)(iv) if the person cannot undertake the normal amount of full‑time study in respect of the course for that period:

(a) because of the usual requirements of the institution in question in respect of the course; or

(b) because of a specific direction in writing to the student from the academic registrar, or an equivalent officer, of the institution in question; or

(c) because the academic registrar, or an equivalent officer, of the institution in question recommends in writing that the person undertake the amount of study mentioned in subparagraph (1)(b)(iv) in respect of the course for specified academic or vocational reasons.

Paragraph (c) applies for no longer than half of the academic year.

Meaning of normal amount of full‑time study

(2) For the purposes of paragraph (1)(b), the normal amount of full‑time study in respect of a course is:

(a) if:

(i) the course is a course of study within the meaning of the Higher Education Support Act 2003; and

(ii) there are Commonwealth supported students (within the meaning of that Act) enrolled in the course;

the full‑time student load for the course; or

(b) if the course is not such a course and the institution defines an amount of full‑time study that a full‑time student should typically undertake in respect of the course—the amount so defined; or

(c) otherwise—an amount of full‑time study equivalent to the average amount of full‑time study that a person would have to undertake for the duration of the course in order to complete the course in the minimum amount of time needed to complete it.

Alternative meaning of normal amount of full‑time study

(3) For the purposes of paragraph (1)(b), and without limiting subsection (2), the normal amount of full‑time study in respect of a course is an average, taken over the duration of the period for which the person in question is enrolled in the course, of 20 contact hours per week.

Meaning of satisfactory progress

(3A) In forming an opinion about whether a person is making satisfactory progress for the purpose of paragraph (1)(d), the Secretary is to have regard to the guidelines.

(3B) The Minister, by legislative instrument:

(a) is to set guidelines for the exercise of the Secretary’s discretion under subsection (3A); and

(b) may revoke or vary those guidelines.

First fortnight of classes

(4) For the purposes of paragraph (1)(b), a person is taken to be undertaking full‑time study in respect of a course during the period (the relevant period):

(a) starting on the first day of classes in a study period; and

(b) ending on the Friday of the second week of classes in the study period;

if the person is enrolled in the course and undertakes study in respect of the course on at least one day in the relevant period.

Meaning of approved course of education or study

(5) For the purposes of paragraph (1)(c), the course is an approved course of education or study if it is a course determined, under section 5D of the Student Assistance Act 1973, to be a secondary course or a tertiary course for the purposes of that Act.

541C One course of education

(1) Whether subparagraph 541B(1)(a)(i) or (ii) and paragraphs 541B(1)(b), (c) and (d) are satisfied in relation to a person is to be determined in relation to only one course of education.

(2) Whether a person satisfies the Secretary of the person’s intention mentioned in subparagraph 541B(1)(a)(iii) and whether paragraphs 541B(1)(b), (c) and (d) are satisfied in relation to the person is to be determined in relation to only one course of education.

Note 1: The effect of this section is that 2 or more courses of education for a person cannot be aggregated to satisfy the undertaking full‑time study requirement.

Note 2: The one course of education may be a combined course: see the legislative instrument made under section 5D of the Student Assistance Act 1973.

Subdivision C—Exemptions from undertaking full‑time study

542 Situations in which a person is exempt from undertaking full‑time study

For the purposes of this Part, a person is exempt from undertaking full‑time study in respect of a period if, throughout the period:

(a) the person has a temporary incapacity exemption under section 542A; or

(b) the person has a pre‑natal exemption or a post‑natal exemption under section 542D; or

(ca) the person has a death of partner exemption under section 542EA; or

(d) the person has a domestic violence or other special family circumstances exemption under section 542F; or

(da) the person has a disabled children or other family circumstances exemption under section 542FA; or

(e) the person has a training camp exemption under section 542G; or

(f) the person has a special circumstances exemption under section 542H.

542A Temporary incapacity exemption

General

(1) Subject to subsection (2) of this section and sections 542B and 542C, a person has a temporary incapacity exemption if:

(a) throughout the period the person does not have the capacity to undertake the course of education in respect of which the person is undertaking full‑time study because of sickness or an accident; and

(b) the incapacity is caused wholly, or virtually wholly, by a medical condition arising from the sickness or accident; and

(d) the person has, whether before or after the commencement of this section, given the Secretary a certificate of a medical practitioner, in a form approved by the Secretary, stating:

(i) the medical practitioner’s diagnosis; and

(ii) the medical practitioner’s prognosis; and

(iii) that the person is incapacitated for study; and

(iv) the period for which the person is incapacitated for study; and

(e) the Secretary is satisfied that the incapacity has not been brought about with a view to obtaining an exemption from undertaking full‑time study.

(1AA) Subsection (1) does not apply to sickness, or an accident, wholly or predominantly attributable to the person’s dependence on alcohol or another drug, unless the person is a declared program participant, a new apprentice or undertaking full‑time study.

(1A) The Secretary must comply with the guidelines (if any) determined and in force under subsection (1B) in deciding whether paragraph (1)(b) or (c) applies to a person in respect of a period.

(1B) The Minister may, by legislative instrument, determine guidelines to be complied with by the Secretary in making a decision referred to in subsection (1A).

Claimants for disability support pension

(2) This section does not apply to a person who is qualified for a youth allowance under section 540A.

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

General

(1) A person ceases to have a temporary incapacity exemption if:

(a) the Secretary is of the opinion that the person should:

(i) contact a particular officer of the Department; or

(ii) attend an interview at a particular place; or

(iii) complete a questionnaire; or

(iv) attend a medical, psychiatric or psychological examination; and

(b) the Secretary gives the person a written notice stating that the person is required, within a period stated in the notice, being a period of not less than 14 days, to:

(i) contact the officer; or

(ii) attend the interview; or

(iii) complete the questionnaire; or

(iv) attend the examination; or

(v) if the person has undergone an examination—give the Secretary a report on the examination in the approved form; and

(d) the person does not comply with the requirement.

Contents of notice

(2) A notice under paragraph (1)(b) must inform the person to whom it is given of the effect of failure by the person to comply with the requirement set out in the notice.

542C Time limit for temporary incapacity exemptions—maximum exemption period

General

(1) A person ceases to have a temporary incapacity exemption if the person’s maximum exemption period ends.

Maximum exemption period

(2) Subject to this section, a person’s maximum exemption period is:

(a) if the person has, whether before or after the commencement of this section, given the Secretary a medical certificate for the purpose of enabling the Secretary to decide whether the person was exempt from undertaking full‑time study—the lesser of the following periods:

(i) the period stated in the certificate as the period for which the person would be incapacitated for study;

(ii) the period of 13 weeks that started or starts on the first day of the period so stated in the certificate; or

(b) otherwise—the period of 4 weeks that started or starts on the day determined by the Secretary to have been the day on which the person’s incapacity for study began.

Extension where paragraph 542A(1)(d) certificate given

(3) If:

(a) a person has a temporary incapacity exemption; and

(b) the person has, whether before or after the commencement of this section, given the Secretary a certificate of a medical practitioner that states the matters listed in paragraph 542A(1)(d) and is in accordance with the form approved under that paragraph; and

(c) the Secretary is satisfied that the person’s incapacity for study will continue after the end of the person’s maximum exemption period;

the Secretary may extend the person’s maximum exemption period by a period that is not more than the lesser of the following periods:

(d) a period equal to the period stated in the certificate as the period for which the person would be incapacitated for study;

(e) 13 weeks.

Extension where paragraph 542A(1)(d) certificate given after end of maximum exemption period

(4) If:

(a) a person had a temporary incapacity exemption; and

(b) within 14 days after the end of the person’s maximum exemption period, the person gives the Secretary a certificate of a medical practitioner that states the matters listed in paragraph 542A(1)(d) and is in accordance with the form approved under that paragraph; and

(c) the Secretary is satisfied that the person’s incapacity for study has continued after the end of the person’s maximum exemption period and that the incapacity will continue;

the Secretary may extend the maximum exemption period by a period of not more than the lesser of the following periods:

(d) a period equal to the period stated in the certificate as the period for which the person would be incapacitated for study;

(e) 13 weeks.

Extension where other written evidence given

(5) If:

(a) a person has a temporary incapacity exemption; and

(b) the person gives the Secretary written evidence (other than a certificate referred to in paragraph (3)(b)) that the person’s incapacity for study will continue after the end of the person’s maximum exemption period; and

(i) the person’s circumstances make it unreasonable to expect the person to obtain a certificate referred to in paragraph (3)(b) before the end of the maximum exemption period; and

(ii) the person’s incapacity for study will continue after the end of the person’s maximum exemption period;

the Secretary may extend the person’s maximum exemption period by not more than 4 weeks.

Extension where other written evidence given after end of maximum exemption period

(6) If:

(a) a person had a temporary incapacity exemption; and

(b) within 14 days after the end of the person’s maximum exemption period, the person gives the Secretary written evidence (other than a certificate referred to in paragraph (4)(b)) that the person’s incapacity for study will continue after the end of the person’s maximum exemption period; and

(i) the person’s circumstances make it unreasonable to expect the person to obtain a certificate referred to in paragraph (4)(b); and

(ii) the person’s incapacity for study has continued after the end of the person’s maximum exemption period and that the incapacity will continue;

the Secretary may extend the maximum exemption period by a period of not more than 4 weeks from the end of the previous maximum exemption period.

Extension where paragraph 542A(1)(d) certificate not considered in a timely manner

(7) If:

(a) a person has a temporary incapacity exemption; and

(b) the person has, whether before or after the commencement of this section, given the Secretary a certificate referred to in paragraph (3)(b) before the end of the person’s maximum exemption period; and

(c) before the end of the person’s maximum exemption period, the Secretary does not satisfy himself or herself that the person’s incapacity for study will continue after the end of that period; and

(d) the sole or dominant cause of the Secretary failing so to satisfy himself or herself is an act or omission of an officer of the Department;

the Secretary may extend the person’s maximum exemption period by not more than 4 weeks.

542D Pre‑natal and post‑natal exemptions

Pre‑natal exemption

(1) A pregnant woman has a pre‑natal exemption for the period that starts 6 weeks before the woman’s expected date of confinement and ends on the day on which the woman gives birth to the child (whether or not the child is born alive).

Post‑natal exemption

(2) If a woman gives birth to a child (whether or not the child is born alive), the woman has a post‑natal exemption for the period that starts on the day on which she gives birth to the child and ends 6 weeks after that day.

542EA Exemption from undertaking full‑time study—death of person’s partner

Claimants

(1) If:

(a) a person makes a claim for youth allowance on or after the commencement of this section; and

(b) the person makes the claim after the death of the person’s partner on or after the commencement of this section; and

(c) if the person is a man or a woman who was not pregnant when her partner died—the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and

(d) if the person is a woman who was pregnant when her partner died—the person makes the claim:

(i) in the period of 14 weeks starting on the day of the death of the partner; or

(ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant;

whichever ends later;

then the person has a death of partner exemption in respect of the period applicable under paragraph (c) or (d).

Recipients

(2) If:

(a) a person is receiving youth allowance on or after the commencement of this section; and

(b) while the person is receiving youth allowance, the person’s partner dies on or after the commencement of this section; and

(c) if the person is a man or a woman who was not pregnant when her partner died—the person notifies the Secretary of the person’s partner’s death in the period of 14 weeks starting on the day of the death of the partner; and

(d) if the person is a woman who was pregnant when her partner died—the person notifies the Secretary of the person’s partner’s death:

(i) in the period of 14 weeks starting on the day of the death of the partner; or

(ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant;

whichever ends later; and

(e) the person is receiving youth allowance on the day of the notification;

then the person has a death of partner exemption in respect of the period applicable under paragraph (c) or (d).

542F Domestic violence or other special family circumstances exemption

General

(1) A person has a domestic violence or other special family circumstances exemption in respect of a period that the Secretary determines under this section in relation to the person.

Circumstances in which a determination may be made

(2) The Secretary may make a determination under this section in relation to the person if the Secretary is satisfied that:

(a) the person:

(i) is the principal carer of one or more children; and

(ii) was subjected to domestic violence in the 26 weeks before the making of the determination; or

(b) the person is the principal carer of one or more children, and there are special circumstances relating to the person’s family that make it appropriate to make the determination.

Note: For principal carer see subsections 5(15) to (24).

(2A) The Secretary must, by legislative instrument, specify matters that the Secretary must take into account in deciding whether there are special circumstances relating to a person’s family that make it appropriate to make a determination under this section.

(2B) To avoid doubt, an instrument made under subsection (2A) does not limit the matters that the Secretary may take into account in making a determination under subsection (2).

Duration of period

(3) The period that the Secretary determines under this section must be the lesser of:

(a) the period that the Secretary considers to be appropriate; or

(b) 16 weeks.

(4) Any such period may be followed by one or more other periods (not exceeding 16 weeks) determined under this section in relation to the person.

(5) The period that the Secretary determines under this section must, despite subsection (3), be 16 weeks if the determination:

(a) is made on grounds referred to in paragraph (2)(a) (or on grounds that include those grounds); and

(b) is the first determination made on those grounds (or on grounds that include those grounds) in relation to the person on or after 1 July 2010.

Revocation of determination

(6) The Secretary may revoke a determination under this section in relation to a person if the Secretary is satisfied that the grounds on which the determination was made no longer exist.

(7) Subsection (6) does not affect any operation that subsection 33(3) of the Acts Interpretation Act 1901 has in relation to a determination under this section.

542FA Disabled children or other family circumstances exemption

General

(1) A person has a disabled children or other family circumstances exemption in respect of a period that the Secretary determines under this section in relation to the person.

Circumstances in which a determination may be made

(2) The Secretary may make a determination under this section in relation to the person if the Secretary is satisfied that the person is the principal carer of one or more children:

(a) who suffer from a physical, intellectual or psychiatric disability or illness; and

(b) whose care needs are such that the person should, for the period specified in the determination, be exempt from undertaking full‑time study.

Note: For principal carer see subsections 5(15) to (24).

(3) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that the person is the principal carer of one or more children, and that:

(a) the person is a registered and active foster carer; or

(b) the person is a home educator of that child, or one or more of those children; or

(d) under a family law order that the person is complying with, a child, of whom the person is a relative (other than a parent), is to live with the person.

Note 1: For principal carer see subsections 5(15) to (24).

Note 2: For registered and active foster carer see section 5B.

Note 3: For home educator see section 5C.

Note 4: For distance educator see section 5D.

Note 5: For family law order see subsection 23(1).

Note 6: For relative (other than a parent) see section 5E.

(3A) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that:

(a) the person is the principal carer of a child; and

(b) the person is one or both of the following:

(i) the principal carer of one or more other children;

(ii) the main supporter of one or more secondary pupil children; and

Note 1: For principal carer see subsections 5(15) to (24).

Note 2: For main supporter see section 5G.

Note 3: For secondary pupil child see section 5F.

(3B) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that the person:

(a) is not the principal carer of one or more children; and

(b) is a registered and active foster carer; and

(c) is providing foster care to a child temporarily in an emergency or to give respite to another person from caring for the child.

Note 1: For principal carer see subsections 5(15) to (24).

Note 2: For registered and active foster carer see section 5B.

(3C) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that the person:

(a) is the main supporter of one or more secondary pupil children; and

(b) is a home educator or distance educator of one or more of those children.

Note 1: For main supporter see section 5G.

Note 2: For secondary pupil child see section 5F.

Note 3: For home educator see section 5C.

Note 4: For distance educator see section 5D.

(3D) The Secretary must make a determination under this section in relation to the person if the Secretary is satisfied that:

(a) the person is the principal carer of one or more children; and

(b) the person is a relative (other than a parent) of a child (the kin child); and

(i) provides for the kin child to live with the person for the care and wellbeing of the kin child; and

(ii) is prepared or accepted by an authority of a State or Territory that has responsibility for the wellbeing of children; and

(d) the person is acting in accordance with the document.

Note 1: For principal carer see subsections 5(15) to (24).

Note 2: For relative (other than a parent) see section 5E.

(4) The Secretary may make a determination under this section in relation to the person if the Secretary is satisfied that:

(a) the person is a person included in a class of persons specified under subsection (5); and

(b) the person’s circumstances are such that the person should be exempt from undertaking full‑time study for the period.

(5) The Secretary may, by legislative instrument, specify classes of persons in respect of whom determinations under this section may be made.

Duration of period

(6) The period that the Secretary determines under this section, except subsection (3B), must be the lesser of:

(a) the period that the Secretary considers to be appropriate; or

(b) 12 months.

(6A) The period that the Secretary determines under subsection (3B) in relation to the person must be the lesser of:

(a) the period:

(i) starting when the person starts to provide foster care to the child; and

(ii) ending 12 weeks, or a shorter period determined by the Secretary, after the person ceases to provide foster care to the child; and

(b) 12 months.

(7) A period determined by the Secretary under this section in relation to the person may be followed by one or more other periods (not exceeding 12 months) determined under this section in relation to the person.

Revocation of determination

(8) The Secretary may revoke a determination under this section in relation to a person if the Secretary is satisfied that the grounds on which the determination was made no longer exist.

(9) Subsection (8) does not affect any operation that subsection 33(3) of the Acts Interpretation Act 1901 has in relation to a determination under this section.

542G Training camp exemption

A person has a training camp exemption if the person is attending a training camp as a member of:

(a) the Naval Reserve; or

(b) the Army Reserve; or

542H Special circumstances exemption

General

(1) Subject to subsections (2) and (3), a person has a special circumstances exemption in respect of a period if:

(a) the Secretary is satisfied that special circumstances, beyond the person’s control, exist; and

(b) the Secretary is satisfied that in those circumstances it would be unreasonable to expect the person to undertake full‑time study for that period.

(1AA) Subsection (1) does not apply to circumstances wholly or predominantly attributable to the person’s misuse of alcohol or another drug, unless the person is a declared program participant, a new apprentice or undertaking full‑time study.

Meaning of special circumstances

(1A) In making a decision under subsection (1), the Secretary is to have regard to the guidelines.

(1B) The Minister, by legislative instrument:

(a) is to set guidelines for the exercise of the Secretary’s discretion under subsection (1A); and

(b) may revoke or vary those guidelines.

Duration of period

(2) The period referred to in subsection (1) is not to be more than 13 weeks.

Duration where a number of determinations made

(3) If:

(a) the Secretary makes more than one decision under subsection (1) or under subsection 731E(1); and

(b) the periods to which the decisions relate form a continuous period;

the continuous period is not to be more than 13 weeks, unless the Secretary decides otherwise, having regard to the continued existence, or likely continued existence, of the special circumstances on which the last preceding decision was based.

Subdivision D—Youth allowance age

543 Youth allowance age

For the purposes of this Part, a person is of youth allowance age if the person:

(a) has attained the minimum age for youth allowance (see section 543A); and

(b) has not yet attained the maximum age for youth allowance (see section 543B).

543A Minimum age for youth allowance

General

(1) Subject to this section, the person has attained the minimum age for youth allowance if the person:

(a) is at least 16 years old; or

(b) is 15 years old and is independent.

Note: For independent see section 1067A.

(2) Subject to subsections (2AA), (2A) and (2B), a person who satisfies paragraph (1)(a) or (b) but is not yet 18 years old is not taken under subsection (1) to have attained the minimum age for youth allowance unless the person:

(a) has completed the final year of secondary school, or an equivalent level of education; or

(b) is undertaking full‑time study; or

(d) is a new apprentice.

(2AA) Paragraph (2)(b) does not apply to a person who is aged 16 or 17 and who is undertaking full‑time study in respect of a secondary course at a secondary school (within the meaning of the Student Assistance Act 1973) or at a TAFE institution unless:

(a) the person is independent (see section 1067A); or

(b) the person is taken by section 1067D to be required to live away from home; or

(d) the Secretary determines that the person is not benefiting from family tax benefit that is being paid to the person’s parents.

(2AB) For the purposes of subsection (2AA), a secondary course is a course that is determined, under section 5D of the Student Assistance Act 1973, to be a secondary course for the purposes of that Act.

(2A) Subject to subsection (2B), subsection (2) does not apply to the person if the Secretary considers that the person does not have the capacity to undertake full‑time study or training because he or she:

(a) is ill or has had an accident and the incapacity is, or is likely to be, of a temporary nature; or

(b) has a physical, psychiatric or intellectual disability, or a learning difficulty such as attention deficit disorder; or

(d) has given birth within the previous 6 weeks; or

(f) has been refused enrolment and no other education or training place is available within a reasonable distance; or

(g) is required to provide full‑time care for a family member who is incapacitated due to illness or accident and the incapacity is, or is likely to be, of a temporary nature; or

(h) has suffered a personal crisis such as the death of an immediate family member, a marriage breakup, family dislocation or physical, emotional or sexual abuse; or

(i) is homeless and unable to obtain stable accommodation; or

(j) has suffered a major disruption of their home such as fire damage, flooding, earthquake damage, vandalism or burglary; or

(k) suffers from alcohol or drug abuse sufficient to cause intermittent or temporary absences from full‑time study or training; or

(l) is engaged in part‑time work, education, training or a combination of these for not less than 25 hours per week; or

(m) is a refugee whose capacity to undertake full‑time education is reduced because:

(i) the person has suffered torture, imprisonment or other traumatic circumstances; or

(ii) lacks sufficient English skills; or

(iii) is recently arrived and lacks stable accommodation; or

(n) is the subject of a community service or juvenile justice order which reduces the person’s capacity to engage in full‑time education; or

(p) is receiving Commonwealth funded intensive assistance for jobseekers or State, Territory or community provided case management approved by the Secretary or, where no intensive assistance or case management place is available to the person, is suitable for and agrees to undertake intensive assistance or case management; or

(q) is in other circumstances which, in the opinion of the Secretary, make it unreasonable for the person to be in full‑time education or training.

(2B) If the following circumstances exist in relation to the person in respect of a period (the qualifying period):

(a) except for paragraph 540(1)(b), the person would be qualified for a youth allowance in respect of the qualifying period;

(b) the person is taken to have attained the minimum age for youth allowance in respect of the qualifying period only because one or more of the grounds (the precluding grounds) referred to in subsection (2A) preclude subsection (2) from applying to the person;

the person is qualified for youth allowance under section 540 only in respect of so much of the qualifying period as does not exceed:

(d) if the only precluding ground is the ground referred to in paragraph (2A)(h) or (j)—2 weeks; or

(e) if the only precluding ground is the ground referred to in paragraph (2A)(l)—the period for which the work, education or training lasts; or

(f) if the only precluding grounds are 2 or more of the grounds referred to in paragraphs (2A)(c), (d), (h), (j) and (l)—the longer or longest period prescribed by paragraphs (c), (d) and (e) of this subsection in relation to those precluding grounds; or

(g) otherwise—13 weeks or such longer period as the Secretary approves.

Independent persons

(3) For the purposes of this section, the person cannot be taken to be independent unless the person:

(a) has reached the minimum school leaving age for the State or Territory in which the person is living; or

(b) is the subject of a formal exemption from attending school granted by the education authority of that State or Territory.

543B Maximum age for youth allowance

General

(1) Subject to subsection (2), the person has attained the maximum age for youth allowance if:

(a) the person is not undertaking full‑time study and is at least 22 years old; or

(b) the person:

(i) is undertaking full‑time study in respect of a course of education that is to last for less than 12 months; and

(ii) was, immediately before starting the course of education, receiving jobseeker payment; and

(iii) is at least 22 years old; or

(d) the person is not a new apprentice and is at least 22 years old; or

(e) the person is a new apprentice and is at least 25 years old.

Continuance of full‑time study after turning 25

(2) If the person is at least 25 years old, the person is taken not to have attained the maximum age for youth allowance if the person:

(a) was receiving youth allowance immediately before turning 25; and

(b) is either:

(i) undertaking full‑time study in respect of a course of education that the person had commenced before turning 25; or

(ii) a new apprentice and became a new apprentice before turning 25.

Subdivision G—Miscellaneous

546 Prospective determinations for some allowance recipients

Recipients may qualify in advance in some cases

(1) A person is qualified for youth allowance for a period determined by the Secretary if:

(a) the person is receiving youth allowance; and

(b) the Secretary considers at the start of the period that:

(i) the person may reasonably be expected to satisfy the qualification requirements for youth allowance (see Subdivision A) during the period; and

(ii) it is reasonable to expect that youth allowance will be payable to the person for the period; and

(iii) the person will comply with this Act during the period; and

(i) this Act; or

(ii) the Student Assistance Act 1973 as in force immediately before the commencement of this section; and

(d) the Secretary is satisfied that the person should be qualified under this section for youth allowance for the period.

(2) The Minister, by legislative instrument:

(a) must determine guidelines for making decisions under paragraph (1)(b); and

(b) may revoke or vary the determination.

If the Minister revokes a determination, the Minister must determine guidelines that commence immediately after the revocation.

Division 2—Situations in which youth allowance is not payable

Subdivision A—Situations in which allowance not payable (general)

547 Youth allowance not payable if allowance rate nil

(1) Subject to subsection (2), a youth allowance is not payable to a person if the person’s youth allowance rate would be nil.

(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because:

(a) an election by the person under subsection 915A(1) (about quarterly energy supplement) is in force; or

(b) an advance pharmaceutical allowance has been paid to the person under the social security law.

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

General

(1) A youth allowance is not payable to a person if:

(a) before or after the person made a claim for a youth allowance, the Department is contacted by or on behalf of the person in relation to a claim for a youth allowance; and

(b) as a result of the contact, the Department required the person to do one or both of the following:

(i) attend an interview with a specified person or organisation at a time and place specified in the requirement;

(ii) enter into an employment pathway plan; and

(d) the person is not undertaking full‑time study and is not a new apprentice.

Note 1: For undertaking full‑time study see section 541B.

Note 2: For new apprentice see subsection 23(1).

Secretary may decide that this section does not apply

(2) This section does not apply to a person if the Secretary is satisfied, in accordance with any guidelines under subsection (3), that it should not apply to the person.

(3) The Secretary may, by legislative instrument, make guidelines to be complied with in deciding under subsection (2) whether this section applies to a person.

When this section ceases to apply

(4) This section ceases to apply:

(a) when the person complies with:

(i) that requirement, or those requirements; or

(ii) any requirements that the Secretary has required the person to undertake in place of that requirement, or those requirements; or

(b) at such earlier time as the Secretary determines, in accordance with any guidelines under subsection (5).

(5) The Secretary may, by legislative instrument, make guidelines to be complied with in making determinations under paragraph (4)(b).

This section is unaffected by date of claim

(6) To avoid doubt, the fact that a person is taken, because of section 13 of the Administration Act, to have made a claim for a youth allowance on the day on which the Department was contacted by or on behalf of the person in relation to the claim does not affect the operation of this section.

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

A youth allowance is not payable to a person if the person refuses or fails, without reasonable excuse, to comply with a requirement made of the person under section 67, 68 or 192 of the Administration Act.

Subdivision AB—Assets test

547A Allowance not payable if assets value limit exceeded

A youth allowance is not payable to a person if:

(a) the person is not excluded from the application of the youth allowance assets test; and

(b) the value of the person’s assets is more than the person’s assets value limit.

Note 1: For persons excluded from application of test see section 547B.

Note 2: For assets value limit see section 547C.

547B Who is excluded from application of assets test?

A person is excluded from the application of the youth allowance assets test if the person is not independent.

547C Assets value limit

A person’s assets value limit is:

(b) $250,000 if the person:

(ii) is not a member of a couple (see section 4); and

(iii) is a homeowner; or

(ii) is not a member of a couple; and

(iii) is not a homeowner; or

(d) $375,000 if the person:

(ii) is a member of a couple; and

(iii) is a homeowner; or

(e) $575,000 if the person:

(ii) is a member of a couple; and

(iii) is not a homeowner.

Note 1: For homeowner see subsection 11(4).

Note 2: The amounts in paragraphs (b), (c), (d) and (e) are indexed annually on 1 July (see sections 1191 to 1194).

547D Value of person’s assets to include value of assets of partner in certain circumstances

The value of a person’s assets is the sum of the following values:

(a) the value of the person’s assets (disregarding paragraph (b));

(b) if the person is a member of a couple (see section 4)—the value of the assets of the person’s partner.

Subdivision C—Waiting periods

549 Waiting periods

(1) A youth allowance is not payable to a person who is qualified for youth allowance while the person is subject to a waiting period.

(2) For the purposes of this Part, a person may be subject to the following waiting periods:

(a) a liquid assets test waiting period (see sections 549A, 549B and 549C);

(aa) an ordinary waiting period (see sections 549CA and 549CB);

(b) a newly‑arrived resident’s waiting period (see sections 549D and 549E).

549A Liquid assets test waiting period

When person subject to liquid assets test waiting period—general

(1) Subject to this section, if:

(a) the value of a person’s liquid assets is more than the person’s maximum reserve on:

(i) the day on which the person becomes qualified for youth allowance; or

(ii) the day on which the person claims a youth allowance; and

(b) the person is not a transferee to a youth allowance;

the person is subject to a liquid assets test waiting period.

Note: For liquid assets and maximum reserve see section 14A.

Exception—person already subject to liquid assets test waiting period in previous 12 months

(2) Subsection (1) does not apply to a person if, at any time during the 12 months before:

(a) the day on which the person becomes qualified for youth allowance; or

(b) the day on which the person claims youth allowance;

the person:

(d) has served a liquid assets test waiting period under another Part of this Act;

that started during that 12 months.

Exception—waiver for hardship

(3) If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while serving a liquid assets test waiting period, the Secretary may determine that the person does not have to serve the whole, or any part, of the waiting period.

Note 1: For in severe financial hardship see subsections 19C(2) (person who is not a member of a couple) and 19C(3) (person who is a member of a couple).

Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).

Exception—certain transferees to youth allowance

(4) Subsection (1) does not apply to a person if:

(a) the person is a transferee to a youth allowance; and

(b) the person claims the youth allowance within 14 days of the transfer day.

Exemption—person undertaking specified activity

(5) Subsection (1) does not apply to a person who:

(a) is undertaking an activity specified in an instrument made under subsection (6); and

(b) has been exempted from the application of subsection (1) by the Secretary.

(6) The Secretary may, by legislative instrument, specify activities for the purpose of paragraph (5)(a).

Exception—death of person’s partner

(7) Subsection (1) does not apply to a person if:

(a) the person makes a claim for youth allowance on or after the commencement of this subsection; and

(b) the person makes the claim after the death of the person’s partner on or after the commencement of this subsection; and

(c) if the person is a man or a woman who was not pregnant when her partner died—the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and

(d) if the person is a woman who was pregnant when her partner died—the person makes the claim:

(i) in the period of 14 weeks starting on the day of the death of the partner; or

(ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant;

whichever ends later.

549B Start of liquid assets test waiting period

General

(1) The liquid assets test waiting period of a person who does not have a temporary incapacity exemption starts on the day on which the person became qualified for youth allowance.

Person has temporary incapacity exemption

(2) If a person has a temporary incapacity exemption, the person’s liquid assets test waiting period starts on the day on which the person became incapacitated.

549C Length of liquid assets test waiting period

Number of weeks

(1) A person’s liquid assets test waiting period is:

(a) if the result obtained under subsection (2) is 13 or more whole weeks—13 weeks; or

(b) if the result obtained under subsection (2) is fewer than 13 whole weeks—the number of whole weeks obtained under that subsection.

Working out number of weeks

(2) Subject to subsection (3), the number of weeks is worked out by using the following formula:

$Start formula start fraction Liquid assets minus Maximum reserve amount over Divisor end fraction end formula$

where:

divisor, in relation to the person, means:

(a) if the person is not a member of a couple and does not have a dependent child—$500; or

(b) otherwise—$1,000.

liquid assets means the person’s liquid assets on the day referred to in subparagraph 549A(1)(a)(i) or (ii) (as the case requires).

maximum reserve amount means the maximum reserve in relation to the person under subsection 14A(1).

Weeks etc. to be disregarded

(3) For the purposes of subsection (2), disregard:

(a) any weeks after the person claimed youth allowance during which the person was not qualified for youth allowance; and

(b) any fractions of a week.

549CA Ordinary waiting period

(1) This section applies if a person is qualified for a youth allowance, where neither subparagraph 540(1)(a)(i) (about full‑time study) nor section 540AA (about new apprentices) applies.

(2) Subject to subsections (3), (5) and (6), the person is subject to an ordinary waiting period unless:

(a) at some time in the 13 weeks immediately before the person’s start day (worked out disregarding clauses 4A and 5 of Schedule 2 to the Administration Act), the person received an income support payment; or

(b) the Secretary is satisfied that the person is experiencing a personal financial crisis; or

(c) on the day before the day the person qualified for the youth allowance mentioned in subsection (1), the person was qualified for a youth allowance where subparagraph 540(1)(a)(i) or section 540AA applied.

Note 1: For income support payment see subsection 23(1).

Note 2: For experiencing a personal financial crisis see section 19DA.

(3) Subsection (2) does not apply to a person who:

(a) is undertaking an activity specified in an instrument made under subsection (4); and

(b) has been exempted from the application of subsection (2) by the Secretary.

(4) The Secretary may, by legislative instrument, specify activities for the purpose of paragraph (3)(a).

(5) Subsection (2) does not apply to a person if:

(a) the person makes a claim for youth allowance on or after the commencement of this subsection; and

(b) the person makes the claim after the death of the person’s partner on or after the commencement of this subsection; and

(c) if the person is a man or a woman who was not pregnant when her partner died—the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and

(d) if the person is a woman who was pregnant when her partner died—the person makes the claim:

(i) in the period of 14 weeks starting on the day of the death of the partner; or

(ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant;

whichever ends later.

(6) If a person makes a claim for youth allowance during the period beginning on 1 April 2021 and ending at the end of 30 June 2021, then, despite subsection (2), the person is not subject to the whole of the ordinary waiting period.

549CB Duration of ordinary waiting period

(2) Subject to subsection (4), if:

(a) a person is subject to an ordinary waiting period; and

(b) apart from this subsection, the ordinary waiting period would be the period of 7 days that starts on the person’s start day (worked out disregarding clauses 4A and 5 of Schedule 2 to the Administration Act); and

(c) that start day falls within one or more of the following periods (each of which is an exclusion period) that the person is subject to:

(i) a liquid assets test waiting period;

(ii) a newly arrived resident’s waiting period;

(iii) a seasonal work preclusion period;

(iv) a lump sum preclusion period under Part 3.14;

(v) an income maintenance period, where the person’s rate of youth allowance on that start day would be nil;

then the ordinary waiting period is the period of 7 days that starts on the first day after all the exclusion periods have ended.

(3) If:

(a) subparagraph (2)(c)(v) applies to a person; and

(b) on a day in that income maintenance period, the person’s rate of youth allowance would be greater than nil if youth allowance were payable to the person on that day;

then, for the purposes of subsection (2), that income maintenance period is taken to have ended at the end of the day before that day.

(4) If:

(a) a person qualifies for a social security payment (other than youth allowance); and

(b) because the person is subject to an ordinary waiting period relating to that payment, that payment is not payable to the person for a period starting on a particular day (the initial day); and

(i) ceases to be qualified for that payment; and

(ii) claims youth allowance and is qualified for youth allowance, where neither subparagraph 540(1)(a)(i) (about full‑time study) nor section 540AA (about new apprentices) applies;

the person’s ordinary waiting period relating to that youth allowance is the period of 7 days that starts on the initial day.

Note: Ordinary waiting periods apply to parenting payment, youth allowance and jobseeker payment.

549D Newly arrived resident’s waiting period

Basic rule

(1) Subject to this section, a person is subject to a newly arrived resident’s waiting period if the person:

(a) has entered Australia; and

(b) has not been an Australian resident in Australia for a period of, or periods totalling, 208 weeks.

Note: For Australian resident see subsection 7(2).

Exception—qualifying residence exemption

(2) Subsection (1) does not apply to a person who has a qualifying residence exemption for a youth allowance.

Note: For qualifying residence exemption in relation to youth allowance, see paragraph 7(6AA)(f).

Exception—lone parent

(6) Subsection (1) does not apply to a person if the person:

(a) is the principal carer of one or more children; and

(b) is not a member of a couple; and

(d) is not a new apprentice; and

(e) was not a lone parent at the start of the person’s current period as an Australian resident.

Note 1: For principal carer see subsections 5(15) to (24).

Note 2: For undertaking full‑time study see section 541B.

Note 3: For new apprentice see subsection 23(1).

Note 4: For lone parent and current period as an Australian resident see subsection 23(1).

Exception—other

(7) Subsection (1) does not apply to a person if:

(a) the person is a refugee, or a former refugee, at the time the person made the claim for a youth allowance; or

(b) the following apply:

(i) before the person made the claim for a youth allowance, the person was a family member of another person at the time the other person became a refugee;

(ii) the person is a family member of that other person at the time the person made the claim for a youth allowance or, if that other person has died, the person was a family member of that other person immediately before that other person died; or

(8) For the purposes of subsection (7):

(a) family member has the meaning given by subsection 7(6D); and

(b) former refugee has the meaning given by subsection 7(1); and

549E Length of newly arrived resident’s waiting period

If a person is subject to a newly arrived resident’s waiting period, the period:

(a) starts on the day the person first became an Australian resident; and

(b) ends when the person has been an Australian resident in Australia for a period of, or periods totalling, 208 weeks after that day.

Note: For Australian resident see subsection 7(2).

549F Effect of being subject to multiple waiting periods

For the avoidance of doubt, if a person is subject to 2 or more waiting periods under this Subdivision, a youth allowance is not payable to the person until all of those waiting periods have ended.

Subdivision D—Situations where allowance not payable because of youth allowance participation failure

549G Application of Subdivision

This Subdivision applies to a person only if the person is undertaking full‑time study (see section 541B).

Note: If the person is not undertaking full‑time study, Division 3AA or 3A of Part 3 of the Administration Act might apply.

550 Youth allowance participation failures

Meaning of youth participation failure

(1) A person commits a youth allowance participation failure if the person:

(a) fails to comply with a requirement:

(i) that was notified to the person under subsection 63(2) or (4) of the Administration Act; and

(ii) that was reasonable; and

(iii) the notification of which included a statement to the effect that a failure to comply with the requirement could constitute a youth allowance participation failure; or

(b) ceases to undertake full‑time study and is not exempt from undertaking full‑time study (see Subdivision C of Division 1); or

(k) fails to comply with a requirement to undertake another activity referred to in paragraph 550B(1)(b).

Reasonable excuse

(2) Despite subsection (1), a failure of a kind referred to in that subsection is not a youth allowance participation failure if the person satisfies the Secretary that the person had a reasonable excuse for the failure.

(2A) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether, for the purposes of subsection (2), a person had a reasonable excuse for committing a youth allowance participation failure.

(2B) To avoid doubt, a determination under subsection (2A) does not limit the matters that the Secretary may take into account in deciding whether, for the purposes of subsection (2), a person had a reasonable excuse for committing the youth allowance participation failure referred to in subsection (1).

Subsequent failures in the same instalment period

(3) Despite subsection (1), if a failure of a kind referred to in that subsection occurs in an instalment period of the person in which the person has already committed a youth allowance participation failure, the failure is not a youth allowance participation failure if:

(a) the instalment period is the person’s first instalment period for youth allowance; or

(b) the instalment period is not the person’s first instalment period for youth allowance, and:

(i) the person did not commit a youth allowance participation failure in the immediately preceding instalment period of the person; or

(ii) in respect of each youth allowance participation failure that the person committed in the immediately preceding instalment period of the person, the person acted in accordance with a requirement of the Secretary notified in respect of that failure.

Failures covered by section 547AA

(4) Despite subsection (1), a failure of a kind referred to in that subsection is not a youth allowance participation failure if it results in youth allowance not being payable to the person under section 547AA.

New apprentices

(6) Subsection (1) does not apply to a failure if the person is a new apprentice.

Note: For new apprentice see subsection 23(1).

550B Allowance not payable because of youth allowance participation failure

General

(1) A youth allowance is not payable to a person, for the period starting in accordance with section 550C and ending in accordance with section 550D, if:

(a) the person commits a youth allowance participation failure; and

(b) the Secretary requires the person:

(i) to comply with the requirement, or undertake the activity, to which the youth allowance participation failure relates; or

(ii) to comply with a particular requirement, or undertake a particular activity, in place of the requirement or activity to which the failure relates;

during the participation failure instalment period for the failure, or at a particular time during that period; and

Reasonable excuse etc.

(2) This section does not apply in relation to the failure if:

(a) the Secretary is satisfied that the person had a reasonable excuse for the failure referred to paragraph (1)(c); or

(b) the Secretary is for any other reason satisfied that subsection (1) should not apply to the failure.

(2A) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether, for the purposes of paragraph (2)(a), a person had a reasonable excuse for a failure of a kind referred to in paragraph (1)(c).

(2B) To avoid doubt, a determination under subsection (2A) does not limit the matters that the Secretary may take into account in deciding whether, for the purposes of paragraph (2)(a), a person had a reasonable excuse for the failure referred to in paragraph (1)(c).

Meaning of participation failure instalment period

(3) The participation failure instalment period for the youth allowance participation failure is the next instalment period of the person to start after the day on which the Secretary first became aware that the person committed the failure.

Failures covered by section 551

(4) This section does not apply to a youth allowance participation failure if section 551 applies to the failure.

550C When the period of non‑payment starts

The period for which youth allowance is not payable to the person because of section 550B is taken to have started at the start of the participation failure instalment period for the youth allowance participation failure.

550D When the period of non‑payment ends

The period for which youth allowance is not payable to the person because of section 550B ends when:

(a) in accordance with a requirement of the Secretary that the person comply with the requirement, or undertake the activity, to which the youth allowance participation failure related, the person has complied with the requirement or undertaken the activity; or

(b) in accordance with a requirement of the Secretary that the person undertake another activity in place of the requirement or activity to which the youth allowance participation failure related, the person has undertaken the other activity; or

(c) in accordance with a requirement of the Secretary that the person comply with another requirement in place of the requirement or activity to which the youth allowance participation failure related, the person has complied with the other requirement.

Subdivision E—Situations where allowance not payable because of repeated failure

550E Application of Subdivision

This Subdivision applies to a person only if the person is undertaking full‑time study (see section 541B).

Note: If the person is not undertaking full‑time study, Division 3AA or 3A of Part 3 of the Administration Act might apply.

551 Allowance not payable because of repeated failure

General

(1) A youth allowance is not payable to a person, for the period of 8 weeks starting in accordance with section 551A, if the person commits a youth allowance participation failure (the repeated failure), having committed youth allowance participation failures (the earlier failures) on 2 or more other occasions during the period of 12 months preceding that failure.

Reasonable excuse etc.

(2) Disregard any earlier failure that is a failure to which subsection 550B(1) does not apply because of subsection 550B(2).

(3) Subsection (1) does not apply in relation to the repeated failure if the Secretary is for any other reason satisfied that subsection (1) should not apply to the failure.

551A When the period of non‑payment starts

The period for which youth allowance is not payable to the person because of subsection 551(1) is taken to start, or to have started:

(a) if the repeated failure occurs during a participation failure instalment period for an earlier failure—at the start of the participation failure instalment period for the earlier failure; or

(b) otherwise—at the start of the next instalment period of the person to start after the day on which the Secretary first became aware that the person committed the failure.

Note: For participation failure instalment period see subsection 550B(3).

Subdivision F—Multiple entitlement exclusions

552 Multiple entitlement exclusions

(1) Youth allowance is not payable to a person who is qualified for youth allowance while the person is subject to a multiple entitlement exclusion.

(2) For the purposes of this Division, a person is subject to a multiple entitlement exclusion if:

(a) the person is receiving a youth allowance and another social security benefit, a social security pension, a service pension, income support supplement or a veteran payment becomes payable to the person; or

(b) a payment under a scheme referred to in section 552A has been or may be made to the person or to someone else in respect of the person; or

(3) Youth allowance is not payable to a person if:

(a) the person is an armed services widow or an armed services widower; and

Note 1: For armed services widow and armed services widower see subsection 4(1).

Note 2: For MRCA see subsection 23(1).

552A Person receiving payment under certain schemes

General

(1) Subject to subsection (2), the schemes for the purposes of paragraph 552(2)(b) are:

(a) a prescribed educational scheme other than the ABSTUDY Scheme to the extent that it applies to part‑time students; and

(aa) the Assistance for Isolated Children Scheme; and

(b) the scheme to provide an allowance known as the Maintenance Allowance for Refugees; and

(d) the scheme to provide an allowance known as the English as a Second Language Allowance to the extent that the scheme applies to full‑time students; and

(e) the scheme known as the Ready Reserve Education Assistance Scheme; and

(f) the scheme to provide an allowance known as the Living Away from Home Allowance.

Note: For prescribed educational scheme see section 5.

Application made under ABSTUDY Scheme

(2) If:

(a) a person is undertaking full‑time study in respect of a course of education that is to last for 6 months or more; and

(b) an application is made for a payment in respect of the person under the ABSTUDY Scheme; and

the Secretary may decide that the person is not subject to a multiple entitlement exclusion, because of subsection (1), before:

(d) the application is determined; or

(e) the end of the period of 3 weeks beginning on the day on which the course starts;

whichever happens first.

552B Assurance of support

An assurance of support applies to a person if:

(a) an assurance of support is in force in respect of the person (assuree); and

(b) the person who gave the assurance was willing and able to provide an adequate level of support to the assuree; and

Note: For assurance of support see subsection 23(1).

Subdivision G—Employment‑related exclusions

553 Employment‑related exclusions

(1) Youth allowance is not payable to a person who is qualified for youth allowance while the person is subject to an employment‑related exclusion.

(2) For the purposes of this Division, a person is subject to an employment‑related exclusion:

(a) if the person is not undertaking full‑time study and is not a new apprentice—while one or more of sections 553A to 553C apply to the person; or

(b) if the person is undertaking full‑time study or is a new apprentice—while section 553C applies to the person.

Note 1: For undertaking full‑time study see section 541B.

Note 2: For new apprentice see subsection 23(1).

553A Unemployment due to industrial action

Engaged in industrial action

(1) Subject to subsection (2), a person who is unemployed is subject to an employment‑related exclusion unless the person satisfies the Secretary that the person’s unemployment was not due to the person being, or having been, engaged in industrial action or in a series of industrial actions.

Other people engaged in industrial action

(2) If:

(a) a person’s unemployment was due to other people being, or having been, engaged in industrial action or in a series of industrial actions; and

(b) the people, or some of the people, were members of a trade union that was involved in the industrial action;

the person is subject to an employment‑related exclusion unless the person satisfies the Secretary that the person was not a member of the trade union during the person’s period of unemployment.

Length of employment‑related exclusion

(3) Subject to subsection (4), the employment‑related exclusion to which a person is subject under subsection (1) or (2) ends when the industrial action or series of industrial actions stop.

Industrial action etc. in breach of order, direction or injunction

(4) Where the industrial action or series of industrial actions concerned is in breach of an order, direction or injunction issued by:

(a) a prescribed State industrial authority within the meaning of the Fair Work Act 2009; or

(b) the Fair Work Commission or the Australian Industrial Relations Commission; or

(d) the Federal Circuit and Family Court of Australia (Division 2);

the person’s employment‑related exclusion under subsection (1) or (2) of this section ends 6 weeks after the day on which the industrial action or series of industrial actions stop.

Note: For industrial action, trade union and unemployment see section 16.

553B Move to area of lower employment prospects

(1) Subject to subsection (1B), if the Secretary considers that a person has reduced his or her employment prospects by moving to a new place of residence without sufficient reason, the person is subject to an employment‑related exclusion for a period of 26 weeks.

(1A) Subsection (1) extends to a person who makes a claim for youth allowance on or after the day on which the person moved to the new place of residence and before the end of the period referred to in that subsection.

(1B) If a person who is subject to an employment‑related exclusion under subsection (1) (including that subsection as it applies by subsection (1A)) does either of the following during the period of the exclusion:

(a) moves back to the place of residence (the original place of residence) the movement from which made him or her subject to the exclusion;

(b) moves to another place of residence a movement to which from the original place of residence would not have made him or her subject to the exclusion;

the period of the exclusion ends at the time of the movement back to the original place of residence or the movement to the other place of residence, as the case may be.

Exemption for person undertaking specified activity

(2) Subsection (1) does not apply to a person who:

(a) is undertaking an activity specified in an instrument made under subsection (2A); and

(b) has been exempted from the application of subsection (1) by the Secretary.

(2A) The Secretary may, by legislative instrument, specify activities for the purpose of paragraph (2)(a).

Sufficient reason for moving

(3) For the purposes of subsection (1), a person has a sufficient reason for moving to a new place of residence if, and only if, the person:

(a) moves to live with a family member who has already established his or her residence in that place of residence; or

(b) moves to live near a family member who has already established residence in the same area; or

(i) is not independent; and

(ii) lives at home;

and moves to accompany his or her parents who wish to establish, or have established, a place of residence; or

(d) satisfies the Secretary that the move is necessary for the purposes of treating or alleviating a disease or illness suffered by the person or by a family member; or

(e) satisfies the Secretary that the person has moved from his or her original place of residence because of an extreme circumstance which made it reasonable for the person to move to the new place of residence (for example, the person had been subjected to domestic or family violence in the original place of residence).

Note 1: For independent see section 1067A.

Note 2: For parent see subsection 5(1), paragraph (b) of the definition of parent.

Note 3: For family member see subsection 23(1).

Secretary may determine when period begins

(4) The Secretary may determine in writing the day on which the period referred to in subsection (1) begins. The day may be before the day of the determination.

Living away from home

(5) A person lives away from home for the purposes of this section if he or she lives away from home for the purposes of Part 3.5.

553C Seasonal workers

Application

(1) This section applies if, at any time during the 6 months immediately before the day on which a person lodges a claim for youth allowance, the person, or, if the person is a member of a couple, the person or the person’s partner, has been engaged in seasonal work.

Note: For seasonal work see subsection 16A(1).

Exclusion during seasonal work preclusion period

(2) The person is subject to an employment‑related exclusion:

Note: For seasonal work preclusion period see subsection 16A(1).

Exemption in cases of severe financial hardship

(a) the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and

(b) the determination has effect accordingly.

Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple).

Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).

Exemption for person undertaking specified activity

(4) Subsection (2) does not apply to a person who:

(a) is undertaking an activity specified in an instrument made under subsection (5); and

(b) has been exempted from the application of subsection (2) by the Secretary.

(5) The Secretary may, by legislative instrument, specify activities for the purpose of paragraph (4)(a).

Exemption for death of person’s partner

(6) Subsection (2) does not apply to a person if:

(a) the person makes a claim for youth allowance on or after the commencement of this subsection; and

(b) the person makes the claim after the death of the person’s partner on or after the commencement of this subsection; and

(c) if the person is a man or a woman who was not pregnant when her partner died—the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and

(d) if the person is a woman who was pregnant when her partner died—the person makes the claim:

(i) in the period of 14 weeks starting on the day of the death of the partner; or

(ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant;

whichever ends later.

Division 5—Rate of youth allowance

556 How to work out a person’s youth allowance rate

Subject to this section, the rate of a person’s youth allowance is to be worked out in accordance with the Youth Allowance Rate Calculator in section 1067G.

556A Approved program of work supplement

If a person:

(a) is receiving youth allowance; and

(b) is participating in an approved program of work for income support payment;

the rate of the person’s youth allowance is increased by an amount of $20.80, to be known as the approved program of work supplement, for each fortnight during which the person participates in the program.

Division 10—Bereavement payments

Subdivision A—Ongoing payments for death of partner

567 Qualification for payments under this Subdivision

Qualification for payment

(1) If:

(a) a person is receiving youth allowance; and

(b) the person is a long‑term social security recipient; and

(d) the person’s partner dies; and

(e) immediately before the partner died, the partner:

(i) was receiving a social security pension; or

(ii) was receiving a service pension, income support supplement or a veteran payment; or

(iii) was a long‑term social security recipient; and

(f) on the person’s payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of:

(i) the amount that would otherwise be payable to the person under section 567C (person’s continued rate) on that payday; and

(ii) the amount (if any) that would otherwise be payable to the person under section 567A (continued payment of partner’s pension or benefit) on the partner’s payday immediately before the first available bereavement adjustment payday;

the person is qualified for payments under this Subdivision to cover the bereavement period.

Note 1: Section 567A provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person’s partner during that period if the partner had not died.

Note 2: Section 567B provides for a lump sum that represents the instalments that would have been paid to the person’s partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.

Note 3: For first available bereavement adjustment payday and bereavement period see section 21.

Choice not to receive payments

(2) A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.

Note: By making such a choice, the person may qualify for a payment under Subdivision AA.

Form of choice

(3) A choice under subsection (2):

(a) must be made by written notice to the Secretary; and

(b) may be made after the person has been paid an amount or amounts under this Subdivision; and

Rate during bereavement period

(4) If a person is qualified for payments under this Subdivision in relation to the partner’s death, the rate at which youth allowance is payable to the person during the bereavement period is, unless the person has made a choice under subsection (2), governed by section 567C.

567A Continued payment of partner’s pension or benefit

If a person is qualified for payments under this Subdivision in relation to the death of the person’s partner, there is payable to the person, on each of the partner’s paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the partner on that payday if the partner had not died.

Note: For bereavement rate continuation period see section 21.

567B Lump sum payable in some circumstances

If:

(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

(b) the first available bereavement adjustment payday occurs before the end of the bereavement period;

there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.

Lump sum calculator

Method statement

Step 1. Add up:

(a) the amount that, if the person’s partner had not died, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday; and

(b) the amount (if any) that, if the partner had not died, would have been payable to the partner on the partner’s payday immediately before the first available bereavement adjustment payday;

the result is the combined rate.

Step 2. Work out the amount that, apart from section 567C, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday: the result is the person’s individual rate.

Step 3. Take the person’s individual rate away from the combined rate: the result is the partner’s instalment component.

Step 4. Work out the number of the partner’s paydays in the bereavement lump sum period.

Step 5. Multiply the partner’s instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable to the person under this section.

567C Adjustment of person’s youth allowance rate

If:

(a) a person is qualified for payments under this Subdivision; and

(b) the person does not elect under subsection 567(2) not to receive payments under this Subdivision;

the rate of the person’s youth allowance during the bereavement period is worked out as follows:

(c) during the bereavement rate continuation period, the rate of youth allowance payable to the person is the rate at which the allowance would have been payable to the person if the person’s partner had not died;

(d) during the bereavement lump sum period (if any), the rate at which youth allowance is payable to the person is the rate at which the allowance would be payable to the person apart from this Subdivision.

567D Effect of death of person entitled to payments under this Subdivision

If:

(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

(b) the person dies within the bereavement period; and

there is payable, to any person that the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.

Lump sum calculator

Method statement

Step 1. Add up:

(a) the amount that, if neither the person nor the person’s partner had died, would have been payable to the person on the person’s payday immediately after the day on which the person dies; and

(b) the amount (if any) that, if neither the person nor the person’s partner had died, would have been payable to the person’s partner on the partner’s payday immediately after the day on which the person died;

the result is the combined rate.

Step 2. Work out the amount that, apart from section 567C, would have been payable to the person on the person’s payday immediately after the day on which the person died if the person had not died: the result is the person’s individual rate.

Step 3. Take the person’s individual rate away from the combined rate: the result is the partner’s instalment component.

Step 4. Work out the number of paydays of the partner in the period that begins on the day on which the person dies and ends on the day on which the bereavement period ends.

Step 5. Multiply the partner’s instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable under this section.

567E Matters affecting payments under this Subdivision

Recovery/reduction of amount payable

(1) If:

(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

the following provisions have effect:

(d) the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person’s partner, except to the extent (if any) that the amount is more than the amount payable to the person under this Subdivision;

(e) the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b).

Bank not liable

(2) If:

(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

(b) the amount to which the person’s partner would have been entitled if the person’s partner had not died has been paid under this Act or under Part III or IIIA of the Veterans’ Entitlements Act, within the bereavement period, into an account with a bank; and

(c) the bank pays to the person, out of the account, an amount not more than the total of the amounts paid as mentioned in paragraph (b);

the bank is, despite anything in any other law, not liable to any action, claim or demand by the Commonwealth, the personal representative of the person’s partner or anyone else in respect of the payment of that money to the person.

Subdivision AA—One‑off payment for death of partner

567FA Qualification for payment under this Subdivision

A person is qualified for a lump sum payment under this Subdivision if:

(a) the person is qualified for youth allowance on a day (the relevant day); and

(b) youth allowance is payable to the person on the relevant day; and

(c) on or before the relevant day but after the commencement of this section, the person was a member of a couple and stopped being a member of a couple because the person’s partner died; and

(d) the person is not a member of a couple on the relevant day; and

(e) when the person’s partner died, both the person and the person’s partner were Australian residents; and

(f) if the person is a man or a woman who was not pregnant when her partner died—the relevant day occurs in the period of 14 weeks starting on the day of the death of the partner; and

(g) if the person is a woman who was pregnant when her partner died—the relevant day occurs:

(i) in the period of 14 weeks starting on the day of the death of the partner; or

(ii) in the period (the relevant period) starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant;

whichever ends later; and

(h) the relevant day is the day that the person first notifies the Secretary of the person’s partner’s death; and

(i) if the person is qualified for payments under section 567 in respect of the person’s partner’s death—the person has made a choice under subsection 567(2).

567FB Amount of payment

(1) The amount of the person’s payment is worked out using the following formula (except if paragraph 567FA(g) applies in relation to the person):

(2) If subparagraph 567FA(g)(i) applies in relation to the person, the amount of the person’s payment is worked out using the following formula:

Start formula open bracket Daily rate of person's youth allowance on the relevant day times 14 times 3 close bracket plus $2,000 end formula

(3) If subparagraph 567FA(g)(ii) applies in relation to the person, the amount of the person’s payment is worked out using the following formula:

Start formula open bracket Daily rate of person's youth allowance on the relevant day times 14 times 3 close bracket plus Additional amount end formula where:

additional amount means the amount worked out in accordance with the following table:

Additional amount
Item	If the relevant period is:	the additional amount is:
1	More than 14 weeks but not more than 16 weeks	$2,250
2	More than 16 weeks but not more than 18 weeks	$2,700
3	More than 18 weeks but not more than 20 weeks	$3,150
4	More than 20 weeks but not more than 22 weeks	$3,550
5	More than 22 weeks but not more than 24 weeks	$4,000
6	More than 24 weeks but not more than 26 weeks	$4,450
7	More than 26 weeks but not more than 28 weeks	$4,900
8	More than 28 weeks but not more than 30 weeks	$5,350
9	More than 30 weeks but not more than 32 weeks	$5,800
10	More than 32 weeks	$6,250

Subdivision B—Continuation of youth allowance rate after death of child

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

If:

(a) a person is receiving youth allowance; and

(b) the person is the principal carer of a child who dies; and

(d) apart from this section, the person’s rate of youth allowance would be reduced because the person is no longer the child’s principal carer;

the person’s rate of youth allowance, during the period of 14 weeks that starts on the day of the child’s death, is to be worked out as if the child had not died.

Note 1: For principal carer see subsections 5(15) to (24).

Note 2: For undertaking full‑time study see section 541B.

Note 3: For new apprentice see subsection 23(1).

Part 2.11A—Austudy payment

Division 1—Qualification for austudy payment

Subdivision A—Basic qualifications

568 Qualification for austudy payment—general rule

Subject to this Subdivision, a person is qualified for an austudy payment in respect of a period if, throughout the period:

(a) the person satisfies the activity test (see Subdivision B); and

(b) the person is of austudy age (see Subdivision C); and

Note: Division 2 sets out situations in which an austudy payment is not payable even if the person qualifies for it.

568AA Qualification for austudy payment—new apprentices

Subject to this Subdivision, a person is qualified for an austudy payment in respect of a period if, throughout the period:

(a) the person is a new apprentice; and

(b) the person is of austudy age (see Subdivision C); and

Note: Division 2 sets out situations in which an austudy payment is not payable even if the person qualifies for it.

568A Qualification for austudy payment—transferee from social security pension

If:

(a) a person was receiving a social security pension; and

(b) the person claims an austudy payment within 14 days after the day on which the last instalment of the person’s pension was paid; and

(c) the person becomes qualified for an austudy payment at some time during the 14 day period but after the first day of that period;

the person is taken to be qualified for an austudy payment for the whole of the 14 day period.

Subdivision B—Activity test

569 Activity test

General

(1) Subject to subsection (2), a person satisfies the activity test in respect of a period if the person satisfies the Secretary that, throughout the period, the person is undertaking qualifying study (see section 569A).

Persons who do not satisfy the activity test

(2) A person cannot be taken to satisfy the activity test if the person:

(a) is a new apprentice; or

(b) has completed a course for:

(i) a degree of Doctor at an educational institution; or

(ii) a qualification at a foreign institution that is, in the Secretary’s opinion, of the same standing as a degree of Doctor at an educational institution.

Note: For educational institution see subsection 23(1).

569A Undertaking qualifying study

For the purposes of this Part, a person is undertaking qualifying study if:

(a) the person:

(i) is enrolled in a course of education at an educational institution; or

(b) the course in which the person is enrolled, or intends to enrol, is an approved course of education or study (see section 569B); and

(ba) if the course is an accelerator program course or a combined course that includes an accelerator program course—the person is entitled to STARTUP‑HELP assistance for the accelerator program course; and

(c) the person is a full‑time student or a concessional study‑load student in respect of that course (see sections 569C and 569D); and

(d) if the course is a combined course or a course other than an accelerator program course—the person satisfies the progress rules (see sections 569G and 569H).

Note 1: Only one course of education can be considered in deciding if a person satisfies the undertaking qualifying study requirement: see section 569AA.

Note 2: For combined courses, see the legislative instrument made under section 5D of the Student Assistance Act 1973.

569AA One course of education

(1) Whether subparagraph 569A(a)(i) or (ii) and paragraphs 569A(b), (c) and (d) are satisfied in relation to a person is to be determined in relation to only one course of education.

(2) Whether a person satisfies the Secretary of the person’s intention mentioned in subparagraph 569A(a)(iii) and whether paragraphs 569A(b), (c) and (d) are satisfied in relation to the person is to be determined in relation to only one course of education.

Note 1: The effect of this section is that 2 or more courses of education for a person cannot be aggregated to satisfy the undertaking qualifying study requirement.

Note 2: The one course of education may be a combined course: see the legislative instrument made under section 5D of the Student Assistance Act 1973.

569B Approved course of education or study

For the purposes of paragraph 569A(b), a course is an approved course of education or study if it is a course determined, under section 5D of the Student Assistance Act 1973, to be a secondary course or a tertiary course for the purposes of that Act.

569C Full‑time students

For the purposes of this Subdivision, a person is a full‑time student in respect of a course if:

(a) in the case of a person who is enrolled in the course for a particular study period (such as, for example, a semester)—the person is undertaking at least three quarters of the normal amount of full‑time study in respect of the course for that period; or

(b) in the case of a person who intends to enrol in the course for a particular study period—the person intends to undertake at least three quarters of the normal amount of full‑time study in respect of the course for that period.

Note: For normal amount of full‑time study see section 569E.

569D Concessional study‑load students

(1) For the purposes of this Subdivision, there are 2 classes of concessional study‑load students, namely:

(a) 25% concessional study‑load students; and

(b) 66% concessional study‑load students.

(2) For the purposes of this Subdivision, a person is a 25% concessional study‑load student in respect of a course if this subsection applies to the person and:

(a) in the case of a person who is enrolled in the course for a particular study period (such as, for example, a semester)—the person is undertaking at least one quarter, but less than three quarters, of the normal amount of full‑time study in respect of the course for that period; or

(b) in the case of a person who intends to enrol in the course for a particular study period—the person intends to undertake at least one quarter, but less than three quarters, of the normal amount of full‑time study in respect of the course for that period.

(3) For the purposes of this Subdivision, a person is a 66% concessional study‑load student in respect of a course if this subsection applies to the person and:

(a) in the case of a person who is enrolled in the course for a particular study period (such as, for example, a semester)—the person is undertaking at least two thirds, but less than three quarters, of the normal amount of full‑time study in respect of the course for that period; or

(b) in the case of a person who intends to enrol in the course for a particular study period—the person intends to undertake at least two thirds, but less than three quarters, of the normal amount of full‑time study in respect of the course for that period.

Note: For normal amount of full‑time study see section 569E.

(4) Subsection (2) applies to a person if:

(a) an officer in the Commonwealth Rehabilitation Service or an appropriate medical practitioner who has a detailed knowledge of the person’s physical condition has stated in writing that:

(i) the person has a substantial physical disability; and

(ii) the person cannot successfully undertake the normal amount of full‑time study in respect of the course because of the disability; or

(b) a medical practitioner specialising in psychiatry has stated in writing that:

(i) the person has a substantial psychiatric disability; and

(ii) the person cannot successfully undertake the normal amount of full‑time study in respect of the course because of the disability; or

(c) a psychologist who is registered with the Board established under the law of a State or Territory that registers psychologists has stated in writing that the person:

(i) is intellectually disabled; and

(ii) cannot successfully undertake the normal amount of full‑time study in respect of the course because of the disability.

(5) Subsection (3) applies to a person if:

(a) the person cannot undertake the course as a full‑time student because of:

(i) the relevant educational institution’s usual requirements for the course; or

(ii) a specific direction in writing to the person from the academic registrar or an equivalent officer; or

(b) the academic registrar (or an equivalent officer) of the relevant educational institution recommends in writing that the person undertake less than the normal amount of full‑time study in respect of the course for specified academic or vocational reasons for a period not exceeding half an academic year.

569E Normal amount of full‑time study

(1) For the purposes of this Subdivision, the normal amount of full‑time study in respect of a course is:

(a) if:

(i) the course is a course of study within the meaning of the Higher Education Support Act 2003; and

(ii) there are Commonwealth supported students (within the meaning of that Act) enrolled in the course;

the full‑time student load for the course; or

(2) Without limiting subsection (1), the normal amount of full‑time study in respect of a course is an average, taken over the duration of the period for which the person in question is enrolled in the course, of 20 contact hours per week.

569F First fortnight of classes

A person is taken to be undertaking full‑time study or a concessional study‑load (as the case may be) in respect of a course during the period (the relevant period):

(a) starting on the first day of classes in a study period; and

(b) ending on the Friday of the second week of classes in the study period;

if the person is enrolled in the course and undertakes study in respect of the course on at least one day in the relevant period.

569G Progress rules—secondary students

General rule

(1) Subject to subsection (2), a person enrolled in, or intending to enrol in, a secondary course satisfies the progress rules for the purposes of paragraph 569A(d) if, in the Secretary’s opinion, the person is making satisfactory progress towards completing the course.

Students repeating year 12

(2) A person does not satisfy the progress rules if:

(a) the person is enrolled in a secondary course that is at year 12 level, or the overall level of which is at year 12 level (see subsections (3) and (4)); and

(b) the person has been a full‑time student in respect of a course at that level (a previous course) in each of 2 previous years; and

(i) the person failed a previous course because of an illness that had not been diagnosed when the person began that course;

(ii) the person failed a previous course because of other circumstances beyond the person’s control that were not apparent when the person began that course;

(iii) the person failed a previous course because English is not the person’s native language;

(iv) the person completed or discontinued a previous course within 6 months after the relevant academic year started;

(v) each of the previous courses was undertaken more than 10 years before the present study.

Course at year 12 level

(3) A secondary course is at year 12 level if the institution in which the course is undertaken regards it as being at year 12 level.

Overall level of course at year 12 level

(4) The overall level of a secondary course is at year 12 level if the institution in which the course is undertaken regards at least 50% of the course as being at year 12 level.

Meaning of secondary course

(5) For the purposes of this section, a course is a secondary course if it is a course determined, under section 5D of the Student Assistance Act 1973, to be a secondary course for the purposes of that Act.

569H Progress rules—tertiary students

Full‑time students

(1) A person who is a full‑time student in respect of a tertiary course satisfies the progress rules if:

(a) in the case of a person who is enrolled in the course—on the day on which the person enrolled in the course; or

(b) in the case of a person who is not yet enrolled in the course but intends to enrol in the course—on the day on which enrolments in the course are next accepted;

the time already spent by the student on the course, or on one or more other tertiary courses at the same level as that course, does not exceed the allowable study time for that course.

Note: For allowable study time for a course see subsection (3).

Concessional study‑load students

(2) A person who is a concessional study‑load student in respect of a tertiary course satisfies the progress rules if:

(a) in the case of a person who is enrolled in the course—on the day on which the person enrolled in the course; or

(b) in the case of a person who is not yet enrolled in the course but intends to enrol in the course—on the day on which enrolments in the course are next accepted;

the time already spent by the person on the course, or on one or more other tertiary courses at the same level as that course, does not exceed the allowable study time for the course.

Note: For allowable study time for a course see subsections (3) and (4).

Combined course including accelerator program course

(2A) If the tertiary course is a combined course that combines an accelerator program course with a course at a particular level, the references in subsections (1) and (2) to other tertiary courses at the same level is a reference to other tertiary courses at that particular level.

Note 1: For combined courses, see the legislative instrument made under section 5D of the Student Assistance Act 1973.

Note 2: This section does not apply if the tertiary course is an accelerator program course that is not part of a combined course: see paragraph 569A(d).

Allowable study time—full‑time students and 66% concessional study‑load students

(3) The allowable study time for a course undertaken by a full‑time student or a 66% concessional study‑load student is:

(a) if the minimum amount of time needed to complete the course as a full‑time student is one year or less—that minimum amount of time; or

(b) if the minimum amount of time needed to complete the course as a full‑time student is more than 1 year and:

(i) the student is enrolled, or intends to enrol, in a year‑long subject; or

(ii) the student’s further progress in the course depends on passing a whole year’s work in the course;

the minimum amount of time plus 1 year; or

(c) in any other case—the minimum amount of time needed to complete the course as a full‑time student plus half an academic year.

Allowable study time—25% concessional study‑load students

(4) The allowable study time for a course undertaken by a 25% concessional study‑load student is twice the minimum period in which it is possible to complete the course as a full‑time student but the Secretary may approve, in particular cases, an allowable study time of up to four times the minimum period in which it is possible to complete the course as a full‑time student.

Time spent by person studying part‑time

(5) If a student has studied part‑time for a course over a certain period, the time spent by the student on that course is taken to be the proportion of that period calculated by using the formula:

$Start formula start fraction Study undertaken over Normal full-time study end fraction end formula$

where:

normal full‑time study means the normal amount of full‑time study for the course.

study undertaken means the amount of study undertaken part‑time by the student for the course.

Current full‑time students who have previously undertaken courses as concessional study‑load students

(6) If:

(a) a person is undertaking a course as a full‑time student; and

(b) the person has previously undertaken:

(i) part of the course; or

(ii) one or more than one other course at the same level as that course;

as a concessional study‑load student; and

(c) the time spent by the person undertaking the part of the course referred to in subparagraph (b)(i), or the course or courses referred to in subparagraph (b)(ii), (the previous study) is not to be disregarded under subsection (7);

the time spent by the person undertaking the previous study is taken to be equal to the minimum amount of time that a full‑time student would have taken to complete the previous study.

Current 25% concessional study‑load students who have previously undertaken courses on a different basis

(6A) If:

(a) a person is undertaking a course as a 25% concessional study‑load student; and

(b) the person has previously undertaken:

(i) part of that course; or

(ii) one or more than one other course at the same level as that course;

in any of the following ways:

(iii) as a full‑time student;

(iv) as a 66% concessional study‑load student;

(v) on a part‑time basis; and

the time spent by the person undertaking the previous study is taken to be:

(d) twice the time that the person took to complete the previous study; or

(e) if the Secretary has approved, under subsection (4), a longer allowable study time in relation to the person for the course—the time taken by the person to complete the previous study multiplied by the factor used by the Secretary for the purposes of the approval under that subsection.

Matters to be disregarded in determining whether someone has exceeded the allowable study time

(7) In determining whether a person has exceeded the allowable study time (for a full‑time student or a concessional study‑load student), disregard the following:

(a) if the person has completed a course (a pre‑requisite course) the completion of which is the normal requirement for admission to the course in which the person is enrolled or intends to enrol—time spent undertaking the pre‑requisite course;

(b) a failed year of study, or a failed part of a year of study, if the failure is because of:

(i) the person’s illness; or

(ii) other circumstances beyond the person’s control;

(i) the person’s illness; or

(ii) other circumstances beyond the person’s control;

(d) time spent undertaking a course that has been completed but which, because of the person’s illness, the person cannot use in any of the trades or profession to which the course is appropriate;

(e) time spent undertaking a TAFE course or a course provided by a VET provider if the normal length of the course for a full‑time student is one year or less;

(f) time spent undertaking a course more than 10 years ago, unless the course has since been completed;

(g) time spent undertaking a course after 1973 if the course was not:

(i) approved for the Tertiary Education Assistance Scheme; or

(ii) approved for the AUSTUDY scheme; or

(iii) an approved course for the purposes of paragraph 541B(1)(c), 569A(b) or 1061PB(1)(b) of this Act;

(h) time spent undertaking a course at a foreign institution;

(i) time spent undertaking a subject from which the student withdrew, if the educational institution in which the subject was undertaken did not record the withdrawal from the subject as a failure;

(j) any time spent undertaking a course during which the person was ineligible to receive:

(i) AUSTUDY; or

(ii) a benefit under the Tertiary Education Assistance Scheme; or

(iii) youth allowance; or

(iv) austudy payment;

because of the application of rules in respect of academic progress.

Levels of tertiary courses

(8) There are 5 levels of tertiary courses: levels M, A, B, C and D.

Level M courses

(8A) A course for a degree of Master (or equivalent) is a Level M course.

Level A courses

(9) The following are Level A courses:

(a) a postgraduate bachelor degree course, with or without honours;

(b) a graduate or postgraduate diploma course;

(d) a course of advanced education regarded by an accrediting authority as being at PG1 level;

(e) a graduate certificate course.

Level B courses

(10) The following are Level B courses:

(a) a bachelor degree course (other than a postgraduate course), with or without honours;

(b) the bachelor level component of a masters degree course with concurrent bachelor and masters level study;

(i) a graduate or postgraduate diploma course; or

(ii) a course for which an entry requirement is successful completion of year 10 of secondary studies; or

(iii) a TAFE course or a course provided by a VET provider;

(d) a Master’s qualifying course;

(e) the Barristers or Solicitors Admission Board’s course;

(f) a course of advanced education regarded by an accrediting authority as being at UG1 or UG2 level.

Level C courses

(11) The following are Level C courses:

(a) an associate degree course;

(b) an associate diploma course;

(c) a diploma course at a TAFE institution or provided by a VET provider for which an entry requirement is successful completion of year 12 of secondary studies;

(d) a 2‑year undergraduate diploma course.

Level D courses

(12) The following are Level D courses:

(a) a TAFE course at a higher education institution;

(b) a TAFE course or a course provided by a VET provider, unless the course is in Level M, A, B or C.

Meaning of tertiary course

(13) For the purposes of this section, a course is a tertiary course if it is a course determined, under section 5D of the Student Assistance Act 1973, to be a tertiary course for the purposes of that Act.

Subdivision C—Austudy age

570 Austudy age

General

(1) Subject to subsection (2), a person is of austudy age for the purposes of this Part if the person is at least 25 years old.

Study begun before turning 25

(2) Even if the person is at least 25 years old, the person is taken not to be of austudy age if the person:

(a) was receiving youth allowance immediately before turning 25; and

(b) has not yet attained the maximum age for youth allowance (see subsection 543B(2)).

Division 2—Situations in which austudy payment is not payable

Subdivision A—Situation in which austudy payment not payable (general)

572 Austudy payment not payable if payment rate nil

(1) Subject to subsection (2), an austudy payment is not payable to a person if the person’s austudy payment rate would be nil.

(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because:

(a) an election by the person under subsection 915A(1) (about quarterly energy supplement) or 1061VA(1) (about quarterly pension supplement) is in force; or

(b) the person has been paid an advance pharmaceutical allowance under the social security law.

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

Austudy payment is not payable to a person if the person refuses or fails, without reasonable excuse, to comply with a requirement made of the person under section 67, 68 or 192 of the Administration Act.

Subdivision B—Assets test

573 Austudy payment not payable if assets value limit exceeded

An austudy payment is not payable to a person if the value of the person’s assets is more than the person’s assets value limit.

Note: For assets value limit see section 573B.

573B Assets value limit

A person’s assets value limit is:

(a) $250,000 if the person:

(i) is not a member of a couple (see section 4); and

(ii) is a homeowner; or

(b) $450,000 if the person:

(i) is not a member of a couple; and

(ii) is not a homeowner; or

(i) is a member of a couple; and

(ii) is a homeowner; or

(d) $575,000 if the person:

(i) is a member of a couple; and

(ii) is not a homeowner.

Note 1: For homeowner see subsection 11(4).

Note 2: The amounts in this section are indexed annually on 1 July (see sections 1191 to 1194).

573C Value of person’s assets to include value of assets of partner

The value of a person’s assets is the sum of the following values:

(a) the value of the person’s assets (disregarding paragraph (b));

(b) if the person is a member of a couple (see section 4)—the value of the assets of the person’s partner.

Subdivision D—Waiting periods

575 Waiting periods

(1) An austudy payment is not payable to a person who is qualified for an austudy payment while the person is subject to a waiting period.

(2) For the purposes of this Part, a person may be subject to the following waiting periods:

(a) a liquid assets test waiting period (see sections 575A, 575B and 575C);

(b) a newly arrived resident’s waiting period (see sections 575D and 575E).

575A Liquid assets test waiting period

When person subject to liquid assets test waiting period—general

(1) Subject to this section, if:

(a) the value of a person’s liquid assets is more than the person’s maximum reserve on:

(i) the day on which the person becomes qualified for austudy payment; or

(ii) the day on which the person claims austudy payment; and

(b) the person is not a transferee to austudy payment;

the person is subject to a liquid assets test waiting period.

Note: For liquid assets and maximum reserve see section 14A.

Exception—person already subject to liquid assets test waiting period in previous 12 months

(2) Subsection (1) does not apply to a person if, at any time during the 12 months before:

(a) the day on which the person becomes qualified for austudy payment; or

(b) the day on which the person claims austudy payment;

the person:

(d) has served a liquid assets test waiting period under another Part of this Act; or

(e) has served a liquid assets test waiting period under the Student Assistance Act 1973 as previously in force.

Exception—waiver for hardship

Note 1: For in severe financial hardship see subsections 19C(2) (person who is not a member of a couple) and 19C(3) (person who is a member of a couple).

Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).

Exception—certain transferees to austudy payment

(4) Subsection (1) does not apply to a person if:

(a) the person is a transferee to austudy payment; and

(b) the person claims austudy payment within 14 days of the transfer day.

575B Start of liquid assets test waiting period

The liquid assets test waiting period of a person starts on the day on which the person became qualified for austudy payment.

575C Length of liquid assets test waiting period

Number of weeks

(1) A person’s liquid assets test waiting period is:

(a) if the result obtained under subsection (2) is 13 or more whole weeks—13 weeks; or

(b) if the result obtained under subsection (2) is fewer than 13 whole weeks—the number of whole weeks obtained under that subsection.

Working out number of weeks

(2) Subject to subsection (3), the number of weeks is worked out by using the following formula:

$Start formula start fraction Liquid assets minus Maximum reserve amount over Divisor end fraction end formula$

where:

divisor, in relation to the person, means:

(a) if the person is not a member of a couple and does not have a dependent child—$500; or

(b) otherwise—$1,000.

liquid assets means the person’s liquid assets on the day referred to in subparagraph 575A(1)(a)(i) or (ii) (as the case requires).

maximum reserve amount means the maximum reserve in relation to the person under subsection 14A(1).

Weeks etc. to be disregarded

(3) For the purposes of subsection (2), disregard:

(a) any weeks after the person claimed austudy payment during which the person was not qualified for austudy payment; and

(b) any fractions of a week.

575D Newly arrived resident’s waiting period

Basic rule

(1) Subject to this section, a person is subject to a newly arrived resident’s waiting period if the person:

(a) has entered Australia; and

(b) has not been an Australian resident in Australia for a period of, or periods totalling, 208 weeks.

Note: For Australian resident see subsection 7(2).

Exception—qualifying residence exemption

(2) Subsection (1) does not apply to a person who has a qualifying residence exemption for an austudy payment.

Note: For qualifying residence exemption in relation to austudy payment, see paragraph 7(6AA)(f).

Exception—other

(3) Subsection (1) does not apply to a person if:

(a) the person is a refugee, or a former refugee, at the time the person made the claim for an austudy payment; or

(b) the following apply:

(i) before the person made the claim for an austudy payment, the person was a family member of another person at the time the other person became a refugee;

(ii) the person is a family member of that other person at the time the person made the claim for an austudy payment or, if that other person has died, the person was a family member of that other person immediately before that other person died; or

(4) For the purposes of subsection (3):

(a) family member has the meaning given by subsection 7(6D); and

(b) former refugee has the meaning given by subsection 7(1); and

575E Length of newly arrived resident’s waiting period

If a person is subject to a newly arrived resident’s waiting period, the period:

(a) starts on the day the person first became an Australian resident; and

(b) ends when the person has been an Australian resident in Australia for a period of, or periods totalling, 208 weeks after that day.

Note: For Australian resident see subsection 7(2).

575EA Seasonal workers—preclusion period

Application

(1) This section applies if:

(a) a person has lodged a claim for austudy payment; and

(b) at any time during the 6 months immediately before the day on which the person lodged the claim, the person, or the person’s partner, has been engaged in seasonal work.

Note: For seasonal work see subsection 16A(1).

Exclusion during seasonal work preclusion period

(2) Austudy payment is not payable to the person:

Note: For seasonal work preclusion period see subsection 16A(1).

Exemption in cases of severe financial hardship

(a) the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and

(b) the determination has effect accordingly.

Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) or subsection 19C(3) (person who is a member of a couple).

Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).

575F Effect of being subject to 2 waiting periods

For the avoidance of doubt, if a person is subject to 2 waiting periods under this Subdivision, an austudy payment is not payable to the person until both of those waiting periods have ended.

Subdivision E—Situations where austudy payment not payable because of austudy participation failure

576 Austudy participation failures

Meaning of austudy participation failure

(1) A person commits an austudy participation failure if the person:

(a) fails to comply with a requirement:

(i) that was notified to the person under subsection 63(2) or (4) of the Administration Act; and

(ii) that was reasonable; and

(iii) the notification of which included a statement to the effect that a failure to comply with the requirement could constitute an austudy participation failure; or

(b) fails to satisfy the activity test; or

Reasonable excuse

(2) Despite subsection (1), a failure of a kind referred to in that subsection is not an austudy participation failure if the person satisfies the Secretary that the person had a reasonable excuse for the failure.

(2B) To avoid doubt, a determination under subsection (2A) does not limit the matters that the Secretary may take into account in deciding whether, for the purposes of subsection (2), a person had a reasonable excuse for committing the austudy participation failure referred to in subsection (1).

Subsequent failures in the same instalment period

(3) Despite subsection (1), if a failure of a kind referred to in that subsection occurs in an instalment period of the person in which the person has already committed an austudy participation failure, the failure is not an austudy participation failure if:

(a) the instalment period is the person’s first instalment period for austudy payment; or

(b) the instalment period is not the person’s first instalment period for austudy payment, and:

(i) the person did not commit an austudy participation failure in the immediately preceding instalment period of the person; or

(ii) in respect of each austudy participation failure that the person committed in the immediately preceding instalment period of the person, the person acted in accordance with a requirement of the Secretary that was notified in respect of that failure.

576A Allowance not payable because of austudy participation failure

General

(1) Austudy payment is not payable to a person, for the period starting in accordance with section 576B and ending in accordance with section 576C, if:

(a) the person commits an austudy participation failure; and

(b) the Secretary requires the person:

(i) to comply with the requirement, or undertake the activity, to which the austudy participation failure relates; or

(ii) to comply with a particular requirement, or undertake a particular activity, in place of the requirement or activity to which the failure relates;

during the participation failure instalment period for the failure, or at a particular time during that period; and

Reasonable excuse etc.

(2) This section does not apply in relation to the failure if:

(a) the Secretary is satisfied that the person had a reasonable excuse for the failure referred to paragraph (1)(c); or

(b) the Secretary is for any other reason satisfied that subsection (1) should not apply to the failure.

Meaning of participation failure instalment period

(3) The participation failure instalment period for the austudy participation failure is the next instalment period of the person to start after the day on which the Secretary first became aware that the person committed the failure.

Failures covered by section 577

(4) This section does not apply to an austudy participation failure if section 577 applies to the failure.

576B When the period of non‑payment starts

The period for which austudy payment is not payable to the person because of section 576A is taken to have started at the start of the participation failure instalment period for the austudy participation failure.

576C When the period of non‑payment ends

The period for which austudy payment is not payable to the person because of section 576A ends when:

(a) in accordance with a requirement of the Secretary that the person comply with the requirement, or undertake the activity, to which the austudy participation failure related, the person has complied with the requirement or undertaken the activity; or

(b) in accordance with a requirement of the Secretary that the person undertake another activity in place of the requirement or activity to which the austudy participation failure related, the person has undertaken the other activity; or

(c) in accordance with a requirement of the Secretary that the person comply with another requirement in place of the requirement or activity to which the austudy participation failure related, the person has complied with the other requirement.

Subdivision F—Situations where payment not payable because of repeated failure

577 Payment not payable because of repeated failure

General

(1) Austudy payment is not payable to a person, for the period of 8 weeks starting in accordance with section 577A, if the person commits an austudy participation failure (the repeated failure), having committed austudy participation failures (the earlier failures) on 2 or more other occasions during the period of 12 months preceding that failure.

Reasonable excuse etc.

(2) Disregard any earlier failure that is a failure to which subsection 576A(1) does not apply because of subsection 576A(2).

(3) Subsection (1) does not apply in relation to the repeated failure if the Secretary is for any other reason satisfied that subsection (1) should not apply to the failure.

577A When the period of non‑payment starts

The period for which austudy payment is not payable to the person is taken to start, or to have started:

(a) if the repeated failure occurs during a participation failure instalment period for an earlier failure—at the start of the participation failure instalment period for the earlier failure; or

(b) otherwise—at the start of the next instalment period of the person to start after the day on which the Secretary first became aware that the person committed the failure.

Note: For participation failure instalment period see subsection 576A(3).

Subdivision G—Multiple entitlement exclusions

578 Multiple entitlement exclusions

(1) An austudy payment is not payable to a person who is qualified for an austudy payment while the person is subject to a multiple entitlement exclusion.

(2) For the purposes of this Division, a person is subject to a multiple entitlement exclusion if:

(a) the person is receiving an austudy payment and another social security benefit, a social security pension, a service pension, income support supplement or a veteran payment becomes payable to the person; or

(b) a payment under a scheme referred to in section 578A has been, or may be, made to the person; or

(4) An austudy payment is not payable to a person if:

(a) the person is an armed services widow or an armed services widower; and

Note 1: For armed services widow and armed services widower see subsection 4(1).

Note 2: For MRCA see subsection 23(1).

578A Person receiving payment under certain schemes

General

(1) Subject to subsection (2), the schemes for the purposes of paragraph 578(2)(b) are:

(a) a prescribed educational scheme other than the ABSTUDY Scheme to the extent that it applies to part‑time students; and

(b) the scheme to provide an allowance known as the Maintenance Allowance for Refugees; and

(d) the scheme to provide an allowance known as the English as a Second Language Allowance to the extent that the scheme applies to full‑time students; and

(e) the scheme known as the Ready Reserve Education Assistance Scheme; and

(f) the scheme to provide an allowance known as the Living Away from Home Allowance.

Note: For prescribed educational scheme see section 5.

Application made under ABSTUDY Scheme

(2) If:

(a) a person is undertaking qualifying study in respect of a course of education that is to last for 6 months or more; and

(b) an application is made for a payment in respect of the person under the ABSTUDY Scheme; and

the Secretary may decide that the person is not subject to a multiple entitlement exclusion, because of subsection (1), before:

(d) the application is determined; or

(e) the end of the period of 3 weeks beginning on the day on which the course starts;

whichever happens first.

578B Assurance of support

An assurance of support applies to a person if:

(a) an assurance of support is in force in respect of the person (assuree); and

(b) the person who gave the assurance was willing and able to provide an adequate level of support to the assuree; and

Note: For assurance of support see subsection 23(1).

Division 5—Rate of austudy payment

581 How to work out a person’s austudy payment rate

Subject to this section, the rate of a person’s austudy payment is to be worked out in accordance with the Austudy Payment Rate Calculator in section 1067L.

Division 10—Bereavement payments on death of partner

592 Qualification for payments under this Division

Qualification for payment

(1) If:

(a) a person is receiving an austudy payment; and

(b) the person is a long‑term social security recipient; and

(d) the person’s partner dies; and

(e) immediately before the partner died, the partner:

(i) was receiving a social security pension; or

(ii) was receiving a service pension, income support supplement or a veteran payment; or

(iii) was a long‑term social security recipient; and

(i) the amount that would otherwise be payable to the person under section 592C (person’s continued rate) on that payday; and

(ii) the amount (if any) that would otherwise be payable to the person under section 592A (continued payment of partner’s pension or benefit) on the partner’s payday immediately before the first available bereavement adjustment payday;

the person is qualified for payments under this Division to cover the bereavement period.

Note 1: Section 592A provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person’s partner during that period if the partner had not died.

Note 2: Section 592B provides for a lump sum that represents the instalments that would have been paid to the person’s partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.

Note 3: For first available bereavement adjustment payday and bereavement period see section 21.

Choice not to receive payments

(2) A person who is qualified for payments under this Division may choose not to receive payments under this Division.

Form of choice

(3) A choice under subsection (2):

(a) must be made by written notice to the Secretary; and

(b) may be made after the person has been paid an amount or amounts under this Division; and

Rate during bereavement period

(4) If a person is qualified for payments under this Division in relation to the partner’s death, the rate at which austudy payment is payable to the person during the bereavement period is, unless the person has made a choice under subsection (2), governed by section 592C.

592A Continued payment of partner’s pension or benefit

If a person is qualified for payments under this Division in relation to the death of the person’s partner, there is payable to the person, on each of the partner’s paydays in the bereavement rate continuation period, an amount equal to the amount that would have been payable to the partner on that payday if the partner had not died.

Note: For bereavement rate continuation period see section 21.

592B Lump sum payable in some circumstances

If:

(a) a person is qualified for payments under this Division in relation to the death of the person’s partner; and

(b) the first available bereavement adjustment payday occurs before the end of the bereavement period;

there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.

Lump sum calculator

Method statement

Step 1. Add up:

(a) the amount that, if the person’s partner had not died, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday; and

(b) the amount (if any) that, if the partner had not died, would have been payable to the partner on the partner’s payday immediately before the first available bereavement adjustment payday;

the result is the combined rate.

Step 2. Work out the amount that, apart from section 592C, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday: the result is the person’s individual rate.

Step 3. Take the person’s individual rate away from the combined rate: the result is the partner’s instalment component.

Step 4. Work out the number of the partner’s paydays in the bereavement lump sum period.

Step 5. Multiply the partner’s instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable to the person under this section.

592C Adjustment of person’s austudy payment rate

If:

(a) a person is qualified for payments under this Division; and

(b) the person does not elect under subsection 592(2) not to receive payments under this Division;

the rate of the person’s austudy payment during the bereavement period is worked out as follows:

(c) during the bereavement rate continuation period, the rate of austudy payment payable to the person is the rate at which the austudy payment would have been payable to the person if the person’s partner had not died;

(d) during the bereavement lump sum period (if any), the rate at which austudy payment is payable to the person is the rate at which austudy payment would be payable to the person apart from this Division.

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

If:

(a) a person is qualified for payments under this Division in relation to the death of the person’s partner; and

(b) the person dies within the bereavement period; and

there is payable, to any person that the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.

Lump sum calculator

Method statement

Step 1. Add up:

(a) the amount that, if neither the person nor the person’s partner had died, would have been payable to the person on the person’s payday immediately after the day on which the person dies; and

the result is the combined rate.

Step 2. Work out the amount that, apart from section 592C, would have been payable to the person on the person’s payday immediately after the day on which the person died if the person had not died: the result is the person’s individual rate.

Step 3. Take the person’s individual rate away from the combined rate: the result is the partner’s instalment component.

Step 4. Work out the number of paydays of the partner in the period that begins on the day on which the person dies and ends on the day on which the bereavement period ends.

Step 5. Multiply the partner’s instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable under this section.

592E Matters affecting payments under this Division

Recovery/reduction of amount payable

(1) If:

(a) a person is qualified for payments under this Division in relation to the death of the person’s partner; and

the following provisions have effect:

(d) the amount referred to in paragraph (b) is not recoverable from the person or from the personal representative of the person’s partner, except to the extent (if any) that the amount is more than the amount payable to the person under this Division;

(e) the amount payable to the person under this Division is to be reduced by the amount referred to in paragraph (b).

Bank not liable

(2) If:

(a) a person is qualified for payments under this Division in relation to the death of the person’s partner; and

(c) the bank pays to the person, out of the account, an amount not more than the total of the amounts paid as mentioned in paragraph (b);

Part 2.11B—Scholarship payments for students

Division 2—Relocation scholarship payment

592J Qualification for relocation scholarship payment

A person is qualified for a relocation scholarship payment at a time (the qualification time) if:

(a) at the qualification time, the person is qualified for youth allowance and youth allowance is payable to the person; and

(b) at the qualification time, the person is receiving youth allowance and would be receiving youth allowance if steps 2 and 3 of the method statement in point 1067G‑A1 of the Youth Allowance Rate Calculator were disregarded for the purposes of working out the person’s rate of that allowance; and

(i) is independent because of subsection 1067A(3), (5), (6), (7), (8), (9) or (11); or

(ii) is not independent (see section 1067A) but is required to live away from home (see section 1067D); and

(d) the person is receiving youth allowance because the person is undertaking full‑time study in an approved scholarship course; and

(e) the Secretary is satisfied that in the period of 35 days starting immediately after the qualification time, the person proposes to start to undertake the course or to continue to undertake the course; and

(f) the Secretary is satisfied that the person is not likely to receive the amount or value of a disqualifying accommodation scholarship in the period of 12 months starting immediately after the qualification time.

Note: For approved scholarship course, see section 592M.

592K Circumstances in which person is not qualified for relocation scholarship payment

Previous qualification for, or receipt of, same or similar payment

(1) Despite section 592J, a person is not qualified for a relocation scholarship payment if 1 or more of the circumstances listed in subsection (2) apply to the person in the period of 12 months (or shorter period determined under subsection (3)) ending immediately before the person’s qualification time.

(2) The circumstances are:

(a) the person has qualified for a relocation scholarship payment; or

(b) the person has qualified for a payment under the ABSTUDY Scheme known as an ABSTUDY relocation scholarship payment; or

(c) the person has qualified for a payment known as a relocation scholarship payment under the scheme referred to in section 117 of the Veterans’ Entitlements Act; or

(d) the person has qualified for a payment known as a relocation scholarship payment under the scheme referred to in section 258 of the Military Rehabilitation and Compensation Act; or

(e) the person has received the amount or value of a disqualifying accommodation scholarship; or

(f) the person was entitled to the amount or value of a disqualifying accommodation scholarship but has not received the full entitlement only because the scholarship was suspended.

(3) For the purposes of subsection (1), the Secretary may determine a period in relation to a person that is at least 3 months but less than 12 months if the Secretary considers that the determination would enable the person to qualify for a relocation scholarship payment on or near 1 January in a year.

(4) However, the Secretary must not make a determination under subsection (3) if the effect of the determination would be to enable the person to receive more than 2 relocation scholarship payments in a period of 2 successive calendar years.

Independent but did not receive same or similar payment

(5) Despite section 592J, a person is not qualified for a relocation scholarship payment if:

(a) at the person’s qualification time, the person has attained the age at which the person is independent (see subsection 1067A(4)); and

(b) before the qualification time, the person has not received any of the following:

(i) a relocation scholarship payment;

(ii) a payment under the ABSTUDY Scheme known as an ABSTUDY relocation scholarship;

(iii) a payment known as a relocation scholarship payment under the scheme referred to in section 117 of the Veterans’ Entitlements Act;

(iv) a payment known as a relocation scholarship payment under the scheme referred to in section 258 of the Military Rehabilitation and Compensation Act;

(v) the amount or value of a disqualifying accommodation scholarship.

Person’s place of study is in a major city location

(6) Despite section 592J, a person is not qualified for a relocation scholarship payment if:

(a) at the person’s qualification time, the person is not independent (see section 1067A); and

(b) at the person’s qualification time, the person is required to live away from home (see section 1067D); and

(c) on the day the person started to undertake the course referred to in paragraph 592J(d), the home of each parent of the person was in a major city location; and

(d) at the person’s qualification time, the person’s place of study, worked out in accordance with an instrument in force under subsection (8), is in a major city location.

Note: For parent see subsection 5(1) and for major city location see subsection (9).

(7) Despite section 592J, a person is not qualified for a relocation scholarship payment if:

(a) at the person’s qualification time, the person is independent because of subsection 1067A(3), (5), (6), (7), (8), (9) or (11); and

(b) on the day 6 months before the person started to undertake the course referred to in paragraph 592J(d), the person’s usual place of residence was in a major city location; and

(c) at the person’s qualification time, the person’s place of study, worked out in accordance with an instrument in force under subsection (8), is in a major city location.

Note: For major city location see subsection (9).

(8) The Secretary may, by legislative instrument, make principles that must be complied with when working out a person’s place of study at a particular time.

(9) In this section:

major city location means a location categorised as one of the Major Cities of Australia, under the Remoteness Structure as defined in subsection 1067A(10F).

592L Amount of relocation scholarship payment

(1) The amount of a relocation scholarship payment to a person is $4,000 if the person has not received a student relocation payment (see subsection (7)) before.

Note: The amount of a relocation scholarship payment for which a person is qualified on or after 1 January 2013 is indexed annually in line with CPI increases (see sections 1190 to 1194).

(2) Subsection (1) does not apply if:

(a) the person has, at any time before the calendar year containing the qualification time, undertaken full‑time study in a course that, had the person undertaken it at the qualification time, would have been an approved scholarship course at that time; and

(b) at a time that was both while the person was undertaking that study and more than 6 months before the qualification time, the person was either:

(i) independent because of subsection 1067A(3), (5), (6), (7), (8), (9) or (11); or

(ii) required to live away from home (see section 1067D).

(3) The amount of a relocation scholarship payment to a person is $1,000 if neither subsection (1) nor subsection (4) applies.

Note: The amount of a relocation scholarship payment for which a person is qualified on or after 1 January 2013 is indexed annually in line with CPI increases (see sections 1190 to 1194).

(4) The amount of a relocation scholarship payment to a person is $2,000 if:

(a) in 1 or more calendar years (the prior years) that precede the calendar year containing the qualification time, the person undertook full‑time study in a course that, had the person undertaken it at the qualification time, would have been an approved scholarship course at that time; and

(b) in 1 or 2 (but no more) of the prior years:

(i) the person was, while undertaking such study, either independent because of subsection 1067A(3), (5), (6), (7), (8), (9) or (11) or required to live away from home (see section 1067D); or

(ii) the person received a student relocation payment (see subsection (7)); and

Note: The amount of a relocation scholarship payment for which a person is qualified on or after 1 January 2013 is indexed annually in line with CPI increases (see sections 1190 to 1194).

(5) This subsection applies to a person if, at the qualification time:

(a) the person is not independent (see section 1067A); and

(b) the person is required to live away from home (see section 1067D); and

Note: For parent see subsection 5(1).

(6) This subsection applies to a person if:

(a) at the qualification time, the person is independent because of subsection 1067A(3), (5), (6), (7), (8), (9) or (11); and

(b) at the time 6 months before the person first undertook study described in paragraph (4)(a) of this section, the person’s usual place of residence was in a location that at the qualification time is a regional or remote location (see subsection (7)).

Definitions

(7) In this section:

regional or remote location means:

(a) a location categorised as Inner Regional Australia, Outer Regional Australia, Remote Australia or Very Remote Australia, under the Remoteness Structure as defined in subsection 1067A(10F); or

(b) Norfolk Island.

student relocation payment means any of the following:

(a) a relocation scholarship payment;

(b) a payment under the ABSTUDY Scheme known as an ABSTUDY relocation scholarship payment;

(c) a payment known as a relocation scholarship payment under the scheme referred to in section 117 of the Veterans’ Entitlements Act;

(d) a payment known as a relocation scholarship payment under the scheme referred to in section 258 of the Military Rehabilitation and Compensation Act;

(e) the amount or value of a disqualifying accommodation scholarship.

Division 3—Approved scholarship course

592M Definition

In this Act:

approved scholarship course means:

(a) a course of study or instruction approved by the Minister under a determination made for the purposes of section 592N; or

(b) if no determination is in force—a course determined to be a tertiary course under section 5D of the Student Assistance Act 1973 for the purposes of that Act.

592N Approved scholarship course

(1) The Minister may, by legislative instrument, determine that a course of study or instruction is an approved scholarship course for the purposes of this Act.

(1A) To avoid doubt, a course of study or instruction includes an accelerator program course.

(2) Despite subsection 14(2) of the Legislation Act 2003, a determination made for the purposes of subsection (1) may make provision for, or in relation to, a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing:

(a) as in force or existing at a particular time; or

(b) as in force or existing from time to time.

Part 2.12—Jobseeker payment

Division 1—Qualification for and payability of jobseeker payment

Subdivision A—Basic qualifications

593 Qualification for jobseeker payment

(1) Subject to sections 596, 596A, 597 and 598, a person is qualified for a jobseeker payment in respect of a period if:

(a) the person satisfies the Secretary that:

(i) throughout the period the person is unemployed; or

(ii) subsection (1A) applies in relation to the person for the period; and

(b) throughout the period the person satisfies subsection (1AC); and

(g) throughout the period the person:

(i) is at least 22 years of age and has not reached the pension age; and

(ii) is an Australian resident or is exempt from the residence requirement within the meaning of subsection 7(7); and

(i) the person was not in receipt of a youth allowance during the period.

Note 1: A person may be treated as unemployed (see section 595).

Note 5: For pension age see section 23.

Note 6: For Australian resident see section 7.

Note 8: A person may not be qualified if the person’s unemployment is due to industrial action (see section 596).

Note 9: A person may not be qualified if the person has reduced the person’s employment prospects by moving to an area of lower employment prospects (see section 597).

Note 12: A person could be in receipt of a youth allowance during a period for which the person would qualify for a jobseeker payment, if paragraph (i) was disregarded, because of section 540C (extension of youth allowance to end of payment period).

Note 13: A jobseeker payment is not payable in certain situations even if the person is qualified (see Subdivisions D, E and F and Part 4.2).

Note 14: A person receiving a jobseeker payment, and who receives employment services from a remote engagement program provider, may also qualify for a remote engagement program payment: see Part 2.13.

(1A) This subsection applies in relation to a person for a period if:

(a) the person is incapacitated for work or study throughout the period because of sickness or an accident; and

(b) the incapacity is caused wholly or virtually wholly by a medical condition arising from the sickness or accident; and

(d) one of the following applies:

(i) immediately before the incapacity occurred the person was in employment (whether the person was self‑employed, or was employed by another person, on a full‑time, part‑time, casual or temporary basis) and the Secretary is satisfied that, when the incapacity ends, the employment will be again available to the person (whether or not the same kind of work will be available);

(ii) immediately before the incapacity occurred the person was in full‑time education and was receiving payments under the ABSTUDY scheme and the Secretary is satisfied that the person is committed to resuming full‑time study under that scheme when the incapacity ends;

(iii) immediately before the incapacity occurred the person was undertaking qualifying study and receiving austudy payment, and the Secretary is satisfied that the person is committed to resuming qualifying study when the incapacity ends.

(1AA) Subsection (1A) does not apply in relation to a person if the Secretary is satisfied that the incapacity is brought about with a view to obtaining jobseeker payment, youth allowance, austudy payment or disability support pension.

(1AB) In subsection (1A):

work, in relation to a person, means work that the person has contracted to perform under a contract of employment that:

(a) the person had immediately before the person becomes incapacitated; and

(b) continues after the person becomes incapacitated.

(1AC) A person satisfies this subsection if:

(a) the following apply:

(i) the person satisfies the employment pathway plan requirements;

(b) the following apply:

(i) the person is, under Subdivision C of Division 2A of Part 3 of the Administration Act, not required to satisfy the employment pathway plan requirements;

Note 1: For satisfies the employment pathway plan requirements, see subsection 23(1).

Note 2: See Division 2B of Part 3 of the Administration Act for the circumstances in which paid work is unsuitable to be done by a person.

(1B) Subject to sections 596, 596A, 597 and 598, a person is qualified for a jobseeker payment in respect of a period if:

(a) the person satisfies the Secretary that throughout the period the person is unemployed; and

(b) throughout the period the person:

(i) has reached the age of 22 years and has not reached the pension age; and

(ii) is an Australian resident; and

(d) the person made a claim for disability support pension at or before the start of the period and the claim was not determined before the end of the period; and

(e) the Secretary is satisfied that throughout the period the person suffered from a medical condition that had a significant adverse effect on the person’s ability to work; and

(f) the person satisfies any one of the conditions in subsection (1C).

(1C) The conditions referred to in paragraph (1B)(f) are:

(a) a condition that the person was an Australian resident when the significant adverse effect of the medical condition on the person’s ability to work first occurred; and

(b) a condition that at the start of the period the person had 10 years qualifying Australian residence or had a qualifying residence exemption for jobseeker payment; and

(i) the person was born outside Australia; and

(ii) when the significant adverse effect of the medical condition first occurred the person was not an Australian resident but was a dependent child of an Australian resident; and

(iii) the person became an Australian resident while a dependent child of an Australian resident.

(1D) Subject to sections 596, 596A and 598, a person is qualified for a jobseeker payment, in respect of the period starting in accordance with subsection (1E) and ending in accordance with subsection (1F), if:

(a) the person satisfies the Secretary that throughout the period the person is unemployed; and

(b) throughout the period the person:

(i) has reached the age of 22 years and has not reached the pension age; and

(ii) is an Australian resident or is exempt from the residence requirement within the meaning of subsection 7(7); and

(d) the person has made, or is taken to have made, a claim for jobseeker payment; and

(e) the person satisfies the Secretary that it is likely that the person has a permanent medical condition that would prevent the person from undertaking full‑time work; and

(f) the person satisfies the Secretary that it would be unreasonable to expect the person to enter into an employment pathway plan until an assessment of the person’s capacity to work has been undertaken.

(1E) The period for which the person is qualified for a jobseeker payment under subsection (1D) starts:

(a) if the person is already receiving jobseeker payment when the Secretary becomes aware of the medical condition referred to in paragraph (1D)(e)—when the Secretary becomes aware of the medical condition; or

(b) otherwise—when the person made, or is taken to have made, the claim for jobseeker payment.

(1F) The period for which the person is qualified for a jobseeker payment under subsection (1D) ends:

(a) if the person has failed to comply with a requirement to enter into an employment pathway plan—on the day on which the person so failed; or

(b) in any other case—when the person enters into an employment pathway plan.

(4) If:

(a) a person was receiving a social security pension, a service pension, income support supplement or a veteran payment; and

(b) the person claims a jobseeker payment within 14 days of the day on which the last instalment of the person’s social security pension, service pension, income support supplement or veteran payment was paid; and

(c) the person becomes qualified for a jobseeker payment at some time during the 14 day period but after the first day of that period;

the person is taken to be qualified for a jobseeker payment for the whole of the 14 day period.

Note: Subsection (4) operates when a person transfers from a social security pension, a service pension, income support supplement or a veteran payment to a jobseeker payment and the person is not qualified for a jobseeker payment immediately after the day on which the person’s last instalment of social security pension, service pension, income support supplement or veteran payment is paid. The subsection deems the person to be so qualified. As a result, the person may be paid a jobseeker payment for the period beginning on the day after the day on which the person’s last instalment of social security pension, service pension, income support supplement or veteran payment was paid. The subsection aims to ensure that there is minimal disruption to a person’s payments when a person transfers from a social security pension, a service pension, income support supplement or a veteran payment to a jobseeker payment.

Coronavirus

(5) A person is qualified for a jobseeker payment in respect of a period that occurs between 1 April 2021 and 30 June 2021 if:

(b) the Secretary is satisfied that, as a result of the circumstance in paragraph (a), the person’s working hours were reduced (including to zero); and

(d) the Secretary is satisfied that:

(i) the person is not entitled to receive a leave payment in respect of the period; or

(ii) the person has taken reasonable steps to access any leave payment to which the person may be entitled in respect of the period; or

(iv) the person is receiving a leave payment in respect of the period, but the total amount of the leave payment in the period is less than the amount of jobseeker payment that would be payable to the person in the period if the person’s claim were granted; and

(e) throughout the period the person:

(i) is at least 22 years of age and has not reached the pension age; and

(ii) is an Australian resident or is exempt from the residence requirement within the meaning of subsection 7(7); and

(f) the person was not in receipt of a youth allowance during the period.

595 Persons may be treated as unemployed

(1) The Secretary may treat a person as being unemployed throughout a period if:

(a) during the period, the person undertakes:

(i) paid work that, in the Secretary’s opinion, is suitable for the person to undertake; or

(ii) any other activity;

as a result of which he or she would, but for this subsection, not be taken to be unemployed; and

(b) the Secretary is of the opinion that, taking into account:

(i) the nature of the work or other activity; and

(ii) the duration of the work or other activity; and

(iii) any remuneration received for the work or other activity; and

(iv) any other matters relating to the work or other activity, or to the person’s circumstances, that the Secretary considers relevant;

the activity should be disregarded.

(1A) However, the work or other activity must not be or include any work or other activity of a kind that the Secretary determines under subsection (1B).

(1B) The Secretary may determine, by legislative instrument, kinds of work or other activity that are not to be taken into account for the purposes of subsection (1).

(2) A person complying with an employment pathway plan may be treated by the Secretary as being unemployed.

(3) In deciding whether to treat a person as being unemployed, the Secretary is to take into account:

(a) the nature of the activity undertaken by the person so as to comply with a requirement in an employment pathway plan; and

(b) the duration of the activity; and

596 Unemployment due to industrial action

(1) A person is not qualified for a jobseeker payment in respect of a period unless the person satisfies the Secretary that the person’s unemployment during the period was not due to the person being, or having been, engaged in industrial action or in a series of industrial actions.

(2) A person is not qualified for a jobseeker payment in respect of a period unless the Secretary is satisfied:

(a) that the person’s unemployment during the period was due to other people being, or having been, engaged in industrial action or in a series of industrial actions; and

(b) the people, or some of the people, were members of a trade union which was involved in the industrial action; and

(3) Subject to subsection (4), subsections (1) and (2) do not prevent a person from being qualified for a jobseeker payment in respect of a period that occurs after the relevant industrial action or series of industrial actions has stopped.

Note: For industrial action, trade union and unemployment see section 16.

(4) Where the relevant industrial action or series of industrial actions is in breach of an order, direction or injunction issued by:

(a) a prescribed State industrial authority within the meaning of the Fair Work Act 2009; or

(b) the Fair Work Commission or the Australian Industrial Relations Commission; or

(d) the Federal Circuit and Family Court of Australia (Division 2);

a person is not qualified for a jobseeker payment in respect of a period unless that period occurs 6 weeks or more after the relevant industrial action or series of industrial actions has stopped.

596A Assurance of support

A person is not qualified for jobseeker payment in respect of a period if the Secretary is satisfied that throughout the period:

(a) an assurance of support was in force in respect of the person (in this section called the assuree); and

(b) the person who gave the assurance of support was willing and able to provide an adequate level of support to the assuree; and

Note: For assurance of support see subsection 23(1).

598 Liquid assets test waiting period

(1) Subject to subsections (4A), (5), (6), (7), (8) and (8B), if:

(a) the value of a person’s liquid assets exceeds the person’s maximum reserve on:

(i) if subparagraph 593(1)(a)(ii) does not apply in relation to the person—the day following the day on which the person ceased work or ceased to be enrolled in a full time course of education or of vocational training; or

(ia) if subparagraph 593(1)(a)(ii) applies in relation to the person—the day on which the person becomes incapacitated for work or study; or

(ii) in any case—the day on which the person claims a jobseeker payment; and

(b) the person is not a transferee to a jobseeker payment;

the person is not qualified for a jobseeker payment for a period unless the person has served the liquid assets test waiting period in relation to the claim before the beginning of that period.

Note 1: For liquid assets see section 14A.

Note 2: For maximum reserve see section 14A.

Note 3: For served the waiting period in relation to a liquid assets test waiting period, see subsection 23(10A).

(2) The liquid assets test waiting period in relation to the claim is to be worked out under subsections (2A), (2B) and (2C).

(2A) Work out the number of formula weeks (disregarding any fractions of a week) in relation to the claim using the formula:

$Start formula start fraction Liquid assets minus Maximum reserve amount over Divisor end fraction end formula$

where:

liquid assets means the person’s liquid assets.

maximum reserve amount means the maximum reserve in relation to the person under subsection 14A(1).

divisor means, in relation to a person:

(a) if the person is not a member of a couple and does not have a dependent child—$500; or

(b) otherwise—$1,000.

(2B) If the number of formula weeks is equal to or greater than 13 weeks, the liquid assets test waiting period in relation to the claim is 13 weeks.

(2C) If subsection (2B) does not apply, the liquid assets test waiting period in relation to the claim is the number of weeks equal to the number of formula weeks.

(3) If the person is not a member of a couple, the liquid assets test waiting period in relation to the claim starts on:

(a) if subparagraph 593(1)(a)(ii) does not apply in relation to the person—subject to subsection (3AA), the day following the day on which the person ceased work or ceased to be enrolled in a full time course of education or of vocational training; or

(b) if subparagraph 593(1)(a)(ii) applies in relation to the person—subject to subsection (4), the day on which the person became incapacitated for work or study.

(3AA) If subparagraph 593(1)(a)(ii) does not apply in relation to the person and the person:

(a) is not a member of a couple; and

(b) is not required to satisfy the employment pathway plan requirements because of a determination that is in effect under section 40L of the Administration Act and that has been made because of the circumstance referred to in paragraph 40L(5)(a) of that Act;

the liquid assets test waiting period in relation to the claim starts on the day on which the person became incapacitated.

(3A) If the person is a member of a couple, the liquid assets test waiting period in relation to the claim starts on the last occurring of the following days:

(a) either:

(i) if subparagraph 593(1)(a)(ii) does not apply in relation to the person—subject to subsection (3B), the day following the day on which the person ceased work or ceased to be enrolled in a full time course of education or of vocational training; or

(ii) if subparagraph 593(1)(a)(ii) applies in relation to the person—subject to subsection (4), the day on which the person became incapacitated for work or study;

(b) if, when the claim is made, the person’s partner has ceased work—the day following the day on which the person’s partner ceased work;

(ba) if, when the claim is made, the person’s partner has ceased to be enrolled in a full time course of education or of vocational training—the day following the day on which the person’s partner so ceased;

(c) if, when the claim is made, the person’s partner is incapacitated for work—the day on which the person’s partner became incapacitated for work.

(3B) If subparagraph 593(1)(a)(ii) does not apply in relation to the person and the person:

(a) is a member of a couple; and

the liquid assets test waiting period in relation to the claim starts on the last occurring of the following days:

(d) if, when the claim is made, the person’s partner has ceased work—the day following the day on which the person’s partner ceased work;

(da) if, when the claim is made, the person’s partner has ceased to be enrolled in a full time course of education or of vocational training—the day following the day on which the person’s partner so ceased;

(e) if, when the claim is made, the person’s partner is incapacitated for work—the day on which the person’s partner became incapacitated for work.

(4) If:

(a) a person becomes qualified for austudy payment; and

(b) because of paragraph 575(2)(a), austudy payment is not payable to the person while the person is subject to a liquid assets test waiting period; and

(i) the person becomes incapacitated for study; and

(ii) the person claims jobseeker payment; and

(d) subparagraph 593(1)(a)(ii) applies in relation to the person;

the liquid assets test waiting period in relation to the claim for jobseeker payment starts on the day on which the person becomes qualified for austudy payment.

(4A) Subsection (1) does not apply to a person if, at any time during the 12 months preceding:

(a) if subparagraph 593(1)(a)(ii) does not apply in relation to the person—the day following the day on which the person ceased work or ceased to be enrolled in a full time course of education or of vocational training; or

(aa) if subparagraph 593(1)(a)(ii) applies in relation to the person—the day on which the person becomes incapacitated for work or study; or

(b) in any case—the day on which the person claims a jobseeker payment;

the person or their partner was serving a liquid assets test waiting period that started during that 12 months.

(5) If the Secretary is satisfied that a person is in severe financial hardship because the person has incurred unavoidable or reasonable expenditure while serving a liquid assets test waiting period, the Secretary may determine that the person does not have to serve the whole, or any part, of the waiting period.

Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and 19C(3) (person who is a member of a couple).

Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).

(6) Subsection (1) does not apply to a person who becomes qualified for jobseeker payment at the end of a continuous period in respect of which the person received income support payments (whether or not the kind of payment received has changed over the period and whether the period or any part of it occurred before or after the commencement of this subsection).

Note 1: For income support payment see subsection 23(1).

Note 2: For the determination of the continuous period in respect of which a person received income support payments see section 38B.

(8) Subsection (1) does not apply to a person who:

(a) is undertaking an activity specified in an instrument made under subsection (8A); and

(b) has been exempted from the application of subsection (1) by the Secretary.

(8A) The Secretary may, by legislative instrument, specify activities for the purpose of paragraph (8)(a).

(8B) Subsection (1) does not apply to a person if:

(a) the person makes a claim for jobseeker payment on or after the commencement of this subsection; and

(b) the person makes the claim after the death of the person’s partner on or after the commencement of this subsection; and

(c) if the person is a man or a woman who was not pregnant when her partner died—the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and

(d) if the person is a woman who was pregnant when her partner died—the person makes the claim:

(i) in the period of 14 weeks starting on the day of the death of the partner; or

(ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant;

whichever ends later.

(9) A reference in this section to the day on which a person ceased work (whether the person ceases work permanently, temporarily or by reason of being on unpaid leave) is a reference:

(a) except where the person is on paid leave immediately after last performing work—to the day on which the person last performed work before so ceasing; and

(b) if the person is on paid leave—to the last day on which the person is on that paid leave.

600 Prospective determinations for some jobseeker payment recipients

(1) A person is qualified for jobseeker payment for a period determined by the Secretary if:

(a) the person is receiving jobseeker payment; and

(b) the Secretary considers at the start of the period that:

(i) the person may reasonably be expected to satisfy the qualification requirements for jobseeker payment (sections 593 to 598) during the period; and

(ii) it is reasonable to expect that jobseeker payment will be payable to the person for the period; and

(iii) the person will comply with the Act during the period; and

(d) the Secretary is satisfied that the person should be qualified under this section for a jobseeker payment for the period.

(2) The Minister, by legislative instrument:

(a) must determine guidelines for making decisions under paragraph (1)(b); and

(b) may revoke or vary the determination.

If the Minister revokes a determination, the Minister must determine guidelines that commence immediately after the revocation.

Subdivision D—Situations where jobseeker payment not payable (general)

608 Jobseeker payment not payable if payment rate nil

(1) Subject to subsection (2), a jobseeker payment is not payable to a person if the person’s jobseeker payment rate would be nil.

(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because:

(a) an election by the person under subsection 915A(1) (about quarterly energy supplement) or 1061VA(1) (about quarterly pension supplement) is in force; or

(b) the person has been paid an advance pharmaceutical allowance under the social security law.

611 Assets test—jobseeker payment not payable if assets value limit exceeded

(1) Subject to section 654, a jobseeker payment is not payable to a person if the value of the person’s assets is more than the person’s assets value limit.

(2) A person’s assets value limit is worked out using the following table: work out which family situation applies to the person; the assets value limit is the corresponding amount in the assets value limit column.

Assets value limit table
Column 1	Column 2	Column 3 Assets value limit
Item	Person’s family situation	Column 3A Either person or partner homeowner	Column 3B Neither person nor partner homeowner
1.	Not member of a couple	$250,000	$450,000
2.	Partnered (partner getting neither pension nor benefit)	$375,000	$575,000
3.	Partnered (partner getting pension or benefit)	$187,500	$287,500

Note 1: For member of a couple, partnered (partner getting neither pension nor benefit) and partnered (partner getting pension or benefit) see section 4.

Note 2: For homeowner see section 11.

Note 3: If item 2 applies to a person, the value of all the assets of the person’s partner are to be taken as being included in the value of the person’s assets (see subsection 612(1))—this is why the assets value limit is so high. If, on the other hand, item 3 applies to a person, the value of the person’s assets is only half the combined value of the person’s assets and the assets of the person’s partner (see subsection 612(2)).

Note 4: If a jobseeker payment is not payable to a person because of the value of the person’s assets, the person may be able to take advantage of provisions dealing with financial hardship (see sections 1131 and 1132).

Note 5: The assets value limits of items 1 and 3 in column 3A and item 3 in column 3B are indexed annually in line with CPI increases (see sections 1191 to 1194).

Note 6: The assets value limit of item 1 in column 3B is adjusted annually (see subsection 1204(1)).

Note 7: The item 2 assets value limits are adjusted annually so that they are twice the corresponding item 3 limits (see subsections 1204(2) and (3)).

612 Value of assets of members of couples

(1) If:

(a) a person is a member of a couple; and

(b) the person’s partner:

(i) is not in receipt of a social security or service pension, income support supplement or a veteran payment; and

(ii) is not in receipt of a social security benefit;

the value of the person’s assets, or of assets of a particular kind of the person, includes the value of the partner’s assets or of assets of that kind of the partner.

Note: For social security pension see subsection 23(1).

(2) If:

(a) a person is a member of a couple; and

(b) the person’s partner is in receipt of:

(i) a social security or service pension, income support supplement or a veteran payment; or

(ii) a social security benefit;

the value of:

(c) the person’s assets is taken to be 50% of the sum of the value of the assets of the person and the value of the assets of the person’s partner; and

(d) the person’s assets of a particular kind are taken to be 50% of the sum of the value of the assets of that kind of the person and the value of the assets of that kind of the person’s partner.

613 Full‑time students

(1) Subject to subsection (2), a jobseeker payment is not payable to a person who is enrolled in a full‑time course of education or of vocational training for the period that:

(a) starts when the person starts the course; and

(b) finishes when the person:

(i) completes the course; or

(ii) abandons the course; or

(iii) gives notice to the provider of the course that the person:

(A) wishes to withdraw from the course; or

(B) wishes to withdraw from such number of subjects that the person’s course will no longer be a full‑time course; and

(2) Subsection (1) does not prevent a jobseeker payment from being payable for any period during which:

(b) the person is engaged in a course undertaken under an employment pathway plan; or

614 Multiple entitlement exclusion

(1) A jobseeker payment is not payable to a person if the person is already receiving a service pension, income support supplement or a veteran payment.

(2) If:

(a) a person is receiving a jobseeker payment; and

(b) a social security pension, another social security benefit, a service pension, income support supplement or a veteran payment becomes payable to the person;

a jobseeker payment is not payable to the person.

Note 1: Another payment type will generally not become payable to the person until the person claims it.

Note 2: For social security pension and social security benefit see subsection 23(1).

Note 3: For the day on which the jobseeker payment ceases to be payable see section 660.

(3) A jobseeker payment is not payable to a woman if:

(a) the woman is an armed services widow; and

(b) the woman is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act;

unless:

(d) before 1 November 1986 the woman was also receiving a social security benefit.

Note 1: For armed services widow see subsection 4(1).

Note 2: A widow receiving a payment under the Veterans’ Entitlements Act who is not covered by paragraph (b) may be paid at a lower rate—see subsection 1068(3).

(3A) A jobseeker payment is not payable to a man if:

(a) the man is an armed services widower; and

(b) the man is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.

Note: For armed services widower see subsection 4(1).

(3B) A jobseeker payment is not payable to a person if:

(a) the person is an armed services widow or armed services widower; and

Note 1: For armed services widow and armed services widower see subsection 4(1).

Note 2: For MRCA see subsection 23(1).

(4) Subject to subsections (5) and (6), a jobseeker payment is not payable to a person for a period if a payment has been or may be made in respect of the person for that period under:

(a) a prescribed educational scheme other than the ABSTUDY Scheme to the extent that it applies to part‑time students; or

(b) the scheme to provide an allowance known as the Maintenance Allowance for Refugees; or

(ba) the scheme to provide an allowance known as the Adult Migrant Education Program Living Allowance; or

(bb) the scheme to provide an allowance known as the English as a Second Language Allowance to the extent that the scheme applies to full‑time students.

Note: For prescribed educational scheme see section 5.

(5) If:

(a) a person may enrol in a full‑time course of education; and

(b) a payment under a scheme referred to in subsection (4) may be made in respect of the person;

the Secretary may decide that, in spite of subsection (4), jobseeker payment is payable to the person for a period before the person starts the course.

(6) If:

(a) a person enrols in a full‑time course of education; and

(d) the person was receiving jobseeker payment immediately before the start of the course;

the Secretary may decide that, in spite of subsection (4), jobseeker payment is payable to the person for the period of 3 weeks commencing on the day on which the course starts.

615 Jobseeker payment not payable if person fails to attend interview etc. in certain circumstances

(1) A jobseeker payment is not payable to a person if:

(a) before or after the person made a claim for a jobseeker payment, the Department is contacted by or on behalf of the person in relation to a claim for a jobseeker payment; and

(b) as a result of the contact, the Department required the person to do one or both of the following:

(i) attend an interview with a specified person or organisation at a time and place specified in the requirement;

(ii) enter into an employment pathway plan; and

(2) This section does not apply to a person if the Secretary is satisfied, in accordance with any guidelines under subsection (3), that it should not apply to the person.

(3) The Secretary may, by legislative instrument, make guidelines to be complied with in deciding under subsection (2) whether this section applies to a person.

(4) This section ceases to apply:

(a) when the person complies with:

(i) that requirement, or those requirements; or

(ii) any requirements that the Secretary has required the person to undertake in place of that requirement, or those requirements; or

(b) at such earlier time as the Secretary determines, in accordance with any guidelines under subsection (5).

(5) The Secretary may, by legislative instrument, make guidelines to be complied with in making determinations under paragraph (4)(b).

(6) To avoid doubt, the fact that a person is taken, because of section 13 of the Administration Act, to have made a claim for a newstart allowance on the day on which the Department was contacted by or on behalf of the person in relation to the claim does not affect the operation of this section.

Subdivision E—Situations where jobseeker payment not payable (waiting periods)

620 Ordinary waiting period

(1) Subject to subsections (2), (4) and (5), a person is subject to an ordinary waiting period unless:

(g) the Secretary is satisfied that the person is experiencing a personal financial crisis.

Note 1: For income support payment see subsection 23(1).

Note 2: For experiencing a personal financial crisis see section 19DA.

(2) Subsection (1) does not apply to a person who:

(a) is undertaking an activity specified in an instrument made under subsection (3); and

(b) has been exempted from the application of subsection (1) by the Secretary.

(3) The Secretary may, by legislative instrument, specify activities for the purpose of paragraph (2)(a).

(4) Subsection (1) does not apply to a person if:

(a) the person makes a claim for jobseeker payment on or after the commencement of this subsection; and

(b) the person makes the claim after the death of the person’s partner on or after the commencement of this subsection; and

(c) if the person is a man or a woman who was not pregnant when her partner died—the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and

(d) if the person is a woman who was pregnant when her partner died—the person makes the claim:

(i) in the period of 14 weeks starting on the day of the death of the partner; or

(ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant;

whichever ends later.

(5) If a person makes a claim for jobseeker payment during the period beginning on 1 April 2021 and ending at the end of 30 June 2021, then, despite subsection (1), the person is not subject to the whole of the ordinary waiting period.

621 Duration of ordinary waiting period

(1) Subject to subsections (3) and (5), if a person:

(a) is subject to an ordinary waiting period; and

(b) is not disqualified for jobseeker payment under section 598 (liquid assets test);

the ordinary waiting period is the period of 7 days that starts on the person’s start day (worked out disregarding clauses 4A and 5 of Schedule 2 to the Administration Act).

(2) Subject to subsections (3) and (5), if a person:

(a) is subject to an ordinary waiting period; and

(b) is disqualified for jobseeker payment under section 598 (liquid assets test);

the ordinary waiting period is the period of 7 days that starts on the day after the end of the liquid assets test waiting period referred to in subsection 598(2).

(3) Subject to subsection (5), if:

(a) a person is subject to an ordinary waiting period; and

(c) that start day falls within one or more of the following periods (each of which is an exclusion period) that the person is subject to:

(i) a newly arrived resident’s waiting period;

(ii) a seasonal work preclusion period;

(iii) a lump sum preclusion period under Part 3.14;

(iv) an income maintenance period, where the person’s rate of jobseeker payment on that start day would be nil;

then the ordinary waiting period is the period of 7 days that starts on the first day after all the exclusion periods have ended.

(4) If:

(a) subparagraph (3)(c)(iv) applies to a person; and

(b) on a day in that income maintenance period, the person’s rate of jobseeker payment would be greater than nil if jobseeker payment were payable to the person on that day;

then, for the purposes of subsection (3), that income maintenance period is taken to have ended at the end of the day before that day.

(5) If:

(a) a person qualifies for a social security payment (other than jobseeker payment); and

(b) because the person is subject to an ordinary waiting period relating to that social security payment, that social security payment is not payable to the person for a period starting on a particular day (the initial day); and

(i) ceases to be qualified for that social security payment; and

(ii) claims jobseeker payment;

the person’s ordinary waiting period relating to jobseeker payment is the period of 7 days that starts on the initial day.

Note: Ordinary waiting periods apply to parenting payment, youth allowance and jobseeker payment.

623A Newly arrived resident’s waiting period

(1) Subject to this section, a person who:

(a) has entered Australia; and

(b) has not been an Australian resident and in Australia for a period of, or periods totalling, 208 weeks;

is subject to a newly arrived resident’s waiting period.

(2) Subsection (1) does not apply to a person who has a qualifying residence exemption for a jobseeker payment.

Note: For qualifying residence exemption in relation to jobseeker payment, see paragraph 7(6AA)(f).

(7) Subsection (1) does not apply to a person if the person:

(a) is the principal carer of one or more children; and

(b) is not a member of a couple; and

Note 1: For principal carer see subsections 5(15) to (24).

Note 2: For lone parent and current period as an Australian resident see subsection 23(1).

(8) Subsection (1) does not apply to a person if:

(a) the person is a refugee, or a former refugee, at the time the person made the claim for a jobseeker payment; or

(b) the following apply:

(i) before the person made the claim for a jobseeker payment, the person was a family member of another person at the time the other person became a refugee;

(ii) the person is a family member of that other person at the time the person made the claim for a jobseeker payment or, if that other person has died, the person was a family member of that other person immediately before that other person died; or

(9) For the purposes of subsection (8):

(a) family member has the meaning given by subsection 7(6D); and

(b) former refugee has the meaning given by subsection 7(1); and

623B Duration of newly arrived resident’s waiting period

(1) If a person is subject to a newly arrived resident’s waiting period, the period starts on the day the person first became an Australian resident.

(3) The newly arrived resident’s waiting period ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 208 weeks.

Subdivision G—Situations where jobseeker payment not payable (administrative breaches)

631 Situations where jobseeker payment not payable for failure to comply with certain requirements

A jobseeker payment is not payable to a person if the person refuses or fails, without reasonable excuse, to comply with a requirement made of the person under section 67, 68 or 192 of the Administration Act.

Subdivision H—Other situations where jobseeker payment not payable

633 Seasonal workers

(1) This section applies if, at any time during the 6 months immediately before the day on which a person lodges a claim for jobseeker payment, the person, or, if the person is a member of a couple, the person or the person’s partner, has been engaged in seasonal work.

Note: For seasonal work see subsection 16A(1).

(2) Jobseeker payment is not payable to the person:

Note: For seasonal work preclusion period see subsection 16A(1).

(a) the Secretary may determine that the person is not subject to the whole, or any part, of the preclusion period; and

(b) the determination has effect accordingly.

Note 1: For in severe financial hardship see subsection 19C(2) (person who is not a member of a couple) and subsection 19C(3) (person who is a member of a couple).

Note 2: For unavoidable or reasonable expenditure see subsection 19C(4).

(4) Subsection (2) does not apply to a person who:

(a) is undertaking an activity specified in an instrument made under subsection (5); and

(b) has been exempted from the application of subsection (2) by the Secretary.

(5) The Secretary may, by legislative instrument, specify activities for the purpose of paragraph (4)(a).

(6) Subsection (2) does not apply to a person if:

(a) the person makes a claim for jobseeker payment on or after the commencement of this subsection; and

(b) the person makes the claim after the death of the person’s partner on or after the commencement of this subsection; and

(c) if the person is a man or a woman who was not pregnant when her partner died—the person makes the claim in the period of 14 weeks starting on the day of the death of the partner; and

(d) if the person is a woman who was pregnant when her partner died—the person makes the claim:

(i) in the period of 14 weeks starting on the day of the death of the partner; or

(ii) in the period starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant;

whichever ends later.

634 Move to area of lower employment prospects

(1) Subject to subsections (1B) and (2), if, in the opinion of the Secretary, a person has reduced his or her employment prospects by moving to a new place of residence without sufficient reason, a jobseeker payment is not payable to the person for 26 weeks.

(1A) Subsection (1) extends to a person who makes a claim for jobseeker payment on or after the day on which the person moved to the new place of residence and before the end of the period referred to in that subsection.

(1B) If a person to whom a jobseeker payment is not payable under subsection (1) for a period of 26 weeks (including that subsection as it applies by subsection (1A)) does either of the following during that period:

(a) moves back to the place of residence (the original place of residence) the movement from which resulted in jobseeker payment not being payable to him or her;

(b) moves to another place of residence a movement to which from the original place of residence would not have resulted in jobseeker payment not being payable to him or her;

the period of 26 weeks ends at the time of the movement back to the original place of residence or the movement to the other place of residence, as the case may be.

(2) Subsection (1) does not apply to a person who:

(a) is undertaking an activity specified in an instrument made under subsection (2A); and

(b) has been exempted from the application of subsection (1) by the Secretary.

(2A) The Secretary may, by legislative instrument, specify activities for the purpose of paragraph (2)(a).

(3) For the purposes of subsection (1), a person has a sufficient reason for moving to a new place of residence if and only if the person:

(a) moves to live with a family member who has already established his or her residence in that place of residence; or

(b) moves to live near a family member who has already established residence in the same area; or

(c) satisfies the Secretary that the move is necessary for the purposes of treating or alleviating a physical disease or illness suffered by the person or by a family member; or

(d) satisfies the Secretary that the person has moved from his or her original place of residence because of an extreme circumstance which made it reasonable for the person to move to the new place of residence (for example, the person had been subjected to domestic or family violence in the original place of residence).

Note: For family member see subsection 23(1).

(4) The Secretary may determine in writing the day on which the period of non‑payment imposed by subsection (1) commences and that day may be before the day of the determination.

Division 4—Rate of jobseeker payment

643 How to work out a person’s jobseeker payment rate

Subject to this Division, a person’s jobseeker payment rate is to be worked out using Benefit Rate Calculator B at the end of section 1068.

644AAA Approved program of work supplement

If a person:

(a) is receiving jobseeker payment; and

(b) is participating in an approved program of work for income support payment;

the rate of the person’s jobseeker payment is increased by an amount of $20.80, to be known as the approved program of work supplement, for each fortnight during which the person participates in the program.

654 Rate of jobseeker payment for former recipients of wife pension

(1) This section applies if:

(a) a woman was receiving wife pension under Part 2.4 immediately before 20 March 2020; and

(b) the Secretary makes a determination under section 12 of the Administration Act that the woman is taken to have made a claim for jobseeker payment because the woman became qualified for that payment immediately after ceasing to receive wife pension.

(2) The Secretary must, in determining the claim, disregard section 611.

(3) Subject to this section, if:

(a) the Secretary determines that the claim is to be granted; and

(b) as a result of that determination and disregarding section 611, jobseeker payment is payable to the woman on a day (a transition day) on or after 20 March 2020;

the woman’s jobseeker payment rate on the transition day is worked out in accordance with the following method statement:

Method statement

Step 1. Work out the woman’s jobseeker payment rate on the transition day in accordance with sections 643 and 644AAA.

Step 2. Work out the woman’s wife pension transition rate on the transition day.

Note: See subsection (4) for the wife pension transition rate.

Step 3. If the rate at step 2 exceeds the rate at step 1, the woman’s jobseeker payment rate on the transition day is the rate at step 2.

Step 4. If the rate at step 2 does not exceed the rate at step 1, the woman’s jobseeker payment rate on the transition day is the rate at step 1.

(4) The woman’s wife pension transition rate on a transition day is the rate worked out in accordance with section 655 or 656.

(5) If, for a period of 42 consecutive days, the following apply:

(a) the woman’s jobseeker payment rate is the rate at step 1 of the method statement in subsection (3);

(b) if section 611 had applied in relation to the woman throughout that period, the value of the woman’s assets throughout that period is less than or equal to the woman’s asset value limit under that section;

then for any day after the end of that period:

(d) the woman’s jobseeker payment rate is to be worked out in accordance with sections 643 and 644AAA (and not under this section).

(6) If, on a day (the cessation day) on or after 20 March 2020, the woman would not have qualified for a wife pension if Part 2.4 (as in force immediately before 20 March 2020) were still in force on the cessation day, then on and after the cessation day:

(a) section 611 applies in relation to the woman; and

(b) the woman’s jobseeker payment rate is to be worked out in accordance with sections 643 and 644AAA (and not under this section).

655 Wife pension transition rate—method 1

(1) A woman’s wife pension transition rate on a day is worked out in accordance with this section if:

(a) on 19 March 2020, there was no reduction under step 5 of the method statement in point 1064‑A1, and there was no reduction under step 9 of that method statement, in relation to the woman’s rate of wife pension on that day; and

(b) assuming the woman were receiving newstart allowance on each day in the period starting on 6 February 2020 and ending at the end of 19 March 2020, there would have been no reduction under step 5 of the method statement in point 1068‑A1 on any day in that period.

(2) The woman’s wife pension transition rate on a day is the rate that would have been the woman’s rate of wife pension on that day under Module A of the Pension Rate Calculator A in section 1064 if the woman had been receiving wife pension on that day.

(3) However, subsection (2) applies with the following modifications:

(a) in working out the amount at step 1 of the method statement in point 1064‑A1, assume each amount in the table in point 1064‑B1 were that amount as at 19 March 2020;

(b) in working out the amount at step 1A of the method statement in point 1064‑A1:

(i) assume the combined couple rate of pension supplement were that amount as at 19 March 2020; and

(ii) assume the combined couple rate of minimum pension supplement were that amount as at 19 March 2020;

(c) assume the amount at step 5 of the method statement in point 1064‑A1 were the amount worked out at step 5 of the method statement in point 1068‑A1, multiplied by 26;

(d) in working out the amount at step 9 of the method statement in point 1064‑A1, assume each amount in the table in point 1064‑G3 were that amount as at 19 March 2020.

656 Wife pension transition rate—method 2

(1) A woman’s wife pension transition rate on a day is worked out in accordance with this section if:

(a) on 19 March 2020, there was a reduction under either or both of steps 5 and 9 of the method statement in point 1064‑A1 in relation to the woman’s rate of wife pension on that day; or

(b) assuming the woman were receiving newstart allowance on each day in the period starting on 6 February 2020 and ending at the end of 19 March 2020, there would have been a reduction under step 5 of the method statement in point 1068‑A1 on at least one day in that period.

(3) However, subsection (2) applies with the following modifications:

(a) in working out the amount at step 1 of the method statement in point 1064‑A1, assume each amount in the table in point 1064‑B1 were that amount as at 19 March 2020;

(b) in working out the amount at step 1A of the method statement in point 1064‑A1:

(i) assume the combined couple rate of pension supplement were that amount as at 19 March 2020; and

(ii) assume the combined couple rate of minimum pension supplement were that amount as at 19 March 2020;

(c) in working out the amount at step 5 of the method statement in point 1064‑A1, assume each amount in the table in point 1064‑E4 were that amount as at 19 March 2020;

(d) in working out the amount at step 9 of the method statement in point 1064‑A1, assume each amount in the table in point 1064‑G3 were that amount as at 19 March 2020.

(4) For the purposes of this section, take into account clause 146 of Schedule 1A as in force immediately before 20 March 2020. However, in taking that clause into account, assume each amount referred to in subparagraph 146(4)(a)(i) of Schedule 1A were that amount as at 19 March 2020.

Subdivision AA—Ongoing payments for death of partner

660LA Qualification for payments under this Subdivision

(1) If:

(a) a person is receiving a jobseeker payment; and

(b) the person is a long‑term social security recipient; and

(d) the person’s partner dies; and

(e) immediately before the partner died, the partner:

(i) was receiving a social security pension; or

(ii) was receiving a service pension or a veteran payment; or

(iii) was a long‑term social security recipient; and

(i) the amount that would otherwise be payable to the person under section 660LD (person’s continued rate) on that payday; and

(ii) the amount (if any) that would otherwise be payable to the person, under section 660LB (continued payment of partner’s pension or allowance) on the partner’s payday immediately before the first available bereavement adjustment payday;

the person is qualified for payments under this Subdivision to cover the bereavement period.

Note 1: Section 660LB provides for the payment to the person, up to the first available bereavement adjustment payday, of amounts equal to the instalments that would have been paid to the person’s partner during that period if the partner had not died.

Note 2: Section 660LC provides for a lump sum that represents the instalments that would have been paid to the person’s partner, between the first available bereavement adjustment payday and the end of the bereavement period, if the partner had not died.

Note 3: For long‑term social security recipient see subsection 23(1).

(2) A person who is qualified for payments under this Subdivision may choose not to receive payments under this Subdivision.

Note: By making such an election, the person may qualify for a payment under Subdivision A.

(3) An election under subsection (2):

(a) must be made by written notice to the Secretary; and

(b) may be made after the person has been paid an amount or amounts under this Subdivision; and

(4) If a person is qualified for payments under this Subdivision in relation to the partner’s death, the rate at which jobseeker payment is payable to the person during the bereavement period is, unless the person has made an election under subsection (2), governed by section 660LD.

660LB Continued payment of partner’s pension or benefit

660LC Lump sum payable in some circumstances

If:

(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

(b) the first available bereavement adjustment payday occurs before the end of the bereavement period;

there is payable to the person as a lump sum an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

Method statement

Step 1. Add up:

(a) the amount that, if the person’s partner had not died, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday; and

(b) the amount (if any) that, if the partner had not died, would have been payable to the partner on the partner’s payday immediately before the first available bereavement adjustment payday;

the result is called the combined rate.

Step 2. Work out the amount that, but for section 660LD, would have been payable to the person on the person’s payday immediately before the first available bereavement adjustment payday: the result is called the person’s individual rate.

Step 3. Take the person’s individual rate away from the combined rate: the result is called the partner’s instalment component.

Step 4. Work out the number of the partner’s paydays in the bereavement lump sum period.

Step 5. Multiply the partner’s instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable to the person under this section.

660LD Adjustment of a person’s jobseeker payment rate

If:

(a) a person is qualified for payments under this Subdivision; and

(b) the person does not elect under subsection 660LA(2) not to receive payments under this Subdivision;

the rate of the person’s jobseeker payment during the bereavement period is worked out as follows:

(c) during the bereavement rate continuation period, the rate of jobseeker payment payable to the person is the rate at which the payment would have been payable to the person if the person’s partner had not died;

(d) during the bereavement lump sum period (if any), the rate at which jobseeker payment is payable to the person is the rate at which the payment would be payable to the person apart from this Subdivision.

660LE Effect of death of person entitled to payments under this Subdivision

If:

(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

(b) the person dies within the bereavement period; and

there is payable, to such person as the Secretary thinks appropriate, as a lump sum, an amount worked out using the lump sum calculator at the end of this section.

LUMP SUM CALCULATOR

This is how to work out the amount of the lump sum:

Method statement

Step 1. Add up:

(a) the amount that, if neither the person nor the person’s partner had died, would have been payable to the person on the person’s payday immediately after the day on which the person dies; and

the result is called the combined rate.

Step 2. Work out the amount that, but for section 660LD, would have been payable to the person on the person’s payday immediately after the day on which the person died if the person had not died: the result is called the person’s individual rate.

Step 3. Take the person’s individual rate away from the combined pensioner couple rate: the result is called the partner’s instalment component.

Step 4. Work out the number of paydays of the partner in the period that commences on the day on which the person dies and ends on the day on which the bereavement period ends.

Step 5. Multiply the partner’s instalment component by the number obtained in Step 4: the result is the amount of the lump sum payable under this section.

660LF Matters affecting payments under this Subdivision

(1) If:

(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

the following provisions have effect:

(e) the amount payable to the person under this Subdivision is to be reduced by the amount referred to in paragraph (b).

(2) If:

(a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and

(c) the bank pays to the person, out of the account, an amount not exceeding the total of the amounts paid as mentioned in paragraph (b);

Subdivision A—One‑off payment for death of partner

660LH Qualification for payment under this Subdivision

A person is qualified for a lump sum payment under this Subdivision if:

(a) the person is qualified for jobseeker payment on a day (the relevant day); and

(b) jobseeker payment is payable to the person on the relevant day; and

(c) on or before the relevant day but after the commencement of this section, the person was a member of a couple and stopped being a member of a couple because the person’s partner died; and

(d) the person is not a member of a couple on the relevant day; and

(e) when the person’s partner died, both the person and the person’s partner were Australian residents; and

(f) if the person is a man or a woman who was not pregnant when her partner died—the relevant day occurs in the period of 14 weeks starting on the day of the death of the partner; and

(g) if the person is a woman who was pregnant when her partner died—the relevant day occurs:

(i) in the period of 14 weeks starting on the day of the death of the partner; or

(ii) in the period (the relevant period) starting on the day of the death of the partner and ending when the child is born or the woman otherwise stops being pregnant;

whichever ends later; and

(h) the relevant day is the day that the person first notifies the Secretary of the person’s partner’s death; and

(i) if the person is qualified for payments under section 660LA in respect of the person’s partner’s death—the person has made an election under subsection 660LA(2).

660LI Amount of payment

(1) The amount of the person’s payment is worked out using the following formula (except if paragraph 660LH(g) applies in relation to the person):

(2) If subparagraph 660LH(g)(i) applies in relation to the person, the amount of the person’s payment is worked out using the following formula:

Start formula open bracket Daily rate of person's jobseeker payment on the relevant day times 14 times 3 close bracket plus $1,000 end formula

(3) If subparagraph 660LH(g)(ii) applies in relation to the person, the amount of the person’s payment is worked out using the following formula:

Start formula open bracket Daily rate of person's jobseeker payment on the relevant day times 14 times 3 close bracket plus Additional amount end formula where:

additional amount means the amount worked out in accordance with the following table:

Additional amount
Item	If the relevant period is:	the additional amount is:
1	More than 14 weeks but not more than 16 weeks	$1,150
2	More than 16 weeks but not more than 18 weeks	$1,500
3	More than 18 weeks but not more than 20 weeks	$1,850
4	More than 20 weeks but not more than 22 weeks	$2,150
5	More than 22 weeks but not more than 24 weeks	$2,500
6	More than 24 weeks but not more than 26 weeks	$2,850
7	More than 26 weeks but not more than 28 weeks	$3,200
8	More than 28 weeks but not more than 30 weeks	$3,550
9	More than 30 weeks but not more than 32 weeks	$3,900
10	More than 32 weeks	$4,250

Subdivision B—Continuation of jobseeker payment rate after death of child

660M Death of child—continuation of jobseeker payment rate for 14 weeks

If:

(a) a person is receiving jobseeker payment; and

(b) the person is the principal carer of a child who dies; and

(c) apart from this section, the person’s rate of jobseeker payment would be reduced because the person is no longer the child’s principal carer;

the person’s rate of jobseeker payment, during the period of 14 weeks that starts on the day of the child’s death, is to be worked out as if the child had not died.

Note: For principal carer see subsections 5(15) to (24).

Part 2.13—Remote engagement program payment

Division 1—Qualification for and payability of remote engagement program payment

661A Qualification for remote engagement program payment

(1) A person qualifies for a remote engagement program payment for a period if, throughout the period:

(a) the person is receiving a qualifying remote income support payment; and

(b) the person is receiving employment services from a remote engagement program provider; and

(c) the Secretary is satisfied that the person has agreed to participate, and is participating, in a remote engagement placement for at least 15 hours per week under the remote engagement program; and

(d) the person satisfies the qualification requirements (if any) determined by the Minister under paragraph (2)(c).

Note: For qualifying remote income support payment see section 661B.

(2) The Minister may, by legislative instrument, determine one or more of the following:

(a) an arrangement to be the remote engagement program;

(b) a part of the remote engagement program to be a remote engagement placement under the program;

661B Definition of qualifying remote income support payment

(1) A qualifying remote income support payment is an income support payment:

(a) of a kind set out in column 2 of an item in the following table; and

(b) for which a person qualifies in the circumstances set out in column 3 of the item.

Remote engagement program payment—qualifying remote income support payments
Column 1 Item	Column 2 Kind of payment	Column 3 Circumstances
1	Disability support pension	The person qualifies under subsection 94(1) and either: (a) is required, under paragraph 94(1)(da), to meet participation requirements under section 94A; or (b) is covered by a participation exemption under section 94C, 94D, 94E or 94F
2	Parenting payment	The person qualifies under subsection 500(1) and either: (a) is covered by paragraph 500(1)(c) and satisfies subsection 500(2A); or (b) is covered by paragraph 500(1)(ca) and satisfies subsection 500(2B)
3	Youth allowance	The person qualifies under subsection 540(1) and either: (a) is exempt, under subparagraph 540(1)(a)(ii), from undertaking full‑time study but satisfies the Secretary that the person would otherwise be undertaking full‑time study; or (b) is covered by subparagraph 540(1)(a)(iii) and satisfies subsection 540(2)
4	Jobseeker payment	The person qualifies under subsection 593(1) or (4)
5	Any other income support payment	The person is in a class of persons determined by the Minister under subsection (2)

(2) The Minister may, by legislative instrument, determine a class of persons for the purposes of column 3 of item 5 of the table in subsection (1).