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StatuteSocial Security Act 1991

Section 1112 — Social Security Act 1991: Simplified outline of this Part

Text of the provision Official document

This Part deals with the treatment of income earned from employment between 1 July 1991 and 6 December 2020. Division 2 validates things done or that occurred before the commencement of this Part that would have been invalid merely because income apportionment was used in relation to the income for the purposes of calculating social security benefits and social security pensions, youth training allowance and former farm household support. Division 2 does not validate any income averaging which was done in accordance with the debt assessment and recovery scheme known as Robodebt nor extinguish any causes of action in respect of an accrued general law right. Division 3 deals with the treatment of certain income from employment that is earned, derived or received at certain times before 7 December 2020 for the purposes of calculating, after the commencement of this Part, social security benefits and social security pensions, youth training allowance and former farm household support. Division 3 sets out the available approaches for the treatment of the income. These are to treat the income as if it had been first earned, derived or received: (a) in the entitlement period in which it was earned; or (b) in the entitlement period worked out using income apportionment; or (c) in the entitlement period in which it was received. The approach to be used will depend on the information held by the person applying Division 3 in connection with a decision or review of a decision.

Official source: Federal Register of Legislation

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