Section 1117 — Social Security Act 1991: Validation of income apportionment—social security benefits and social security pensions

Nothing is invalid merely because income apportionment was used (1) A thing done or occurring is taken not to be, and is taken never to have been, invalid or ineffective merely because, before the validation time, the Division 2 work income of a person in relation to a payroll period was treated for the purposes of the social security law as if it had been first earned, derived or received by the person either: (a) as an amount equal to the total amount for the entitlement period in each entitlement period that includes one or more days in the payroll period; or (b) as an amount equal to the daily amount for the entitlement period on each day in each entitlement period that includes one or more days in the payroll period. Note 1: A reference to the social security law includes a reference to the Farm Household Support Act 2014: see section 93 of that Act. Note 2: Income may have been treated in accordance with this section in working out a person’s income or the income of a partner of the person. (2) For the purposes of subsection (1), the total amount and daily amount for an entitlement period are worked out in accordance with the general income apportionment method statement. (3) To avoid doubt, anything done or occurring, or anything purported to have been done or to have occurred (whether under the social security law or otherwise), that would have been wholly, or partly, invalid or ineffective except for subsection (1) is taken for all purposes to be valid and effective and to have always been valid and effective. (4) Subject to section 1117C, subsections (1) and (3) apply despite any effect that those subsections may have on the accrued rights of any person. No validation of income averaging (5) Subsection (1) does not apply in relation to treatment of Division 2 work income in accordance with the debt assessment and recovery scheme known as Robodebt and which comprised: (a) from 1 April 2015—the PAYG Manual Compliance Intervention program, including associated pilot programs; and (b) the following iterations of the program mentioned in paragraph (a): (i) Online Compliance Intervention, which applied to assessments initiated in the period from on or around 1 July 2016 to on or around 10 February 2017; (ii) Employment Income Confirmation, which applied to assessments initiated in the period from on or around 11 February 2017 to on or around 30 September 2018; (iii) Check and Update Past Income, which applied to assessments initiated after on or around 30 September 2018. Separate treatment for youth training allowance and former farm household support (6) Subsection (1) does not apply in relation to treatment of Division 2 work income in relation to youth training allowance or former farm household support. Definitions (7) In this section: do a thing includes: (a) make a decision (however described); and (b) exercise a power, perform a function, comply with an obligation or discharge a duty; and (c) do anything else; and purport to do a thing has a corresponding meaning.