Section 1262 — Social Security Act 1991: Minister may determine modifications of social security law
Text of the provision Official document
(1) For any provision of the social security law covered by subsection (2), the Minister may, by legislative instrument, determine: (a) that the provision is varied as specified in the determination; or (b) that the provision does not apply; or (c) that the provision does not apply and that another provision specified in the determination applies instead. Note: Section 1263 deals with the period the determination is in force. Provisions able to be modified (2) For the purposes of subsection (1), the provisions are the following: (a) subsection 23(4A) or (4AA); (b) paragraph 500(1)(d) and subsections 500(3) and (4); (c) section 500WA; (d) section 500WB; (e) section 500X; (f) section 500Y; (g) section 500Z; (h) subsection 540BA(4); (i) section 549CA; (j) section 549CB; (k) section 549D; (l) section 549E; (m) section 553C; (n) section 575D; (o) section 575E; (p) section 575EA; (q) Part 2.12, in relation to working out whether a person is a member of a couple; (r) subsection 593(8); (s) section 620; (t) section 621; (u) section 623A; (v) section 623B; (w) section 633; (x) subsection 654(3); (y) section 739A; (z) section 745M; (za) section 1046; (zb) Module H of the Youth Allowance Rate Calculator in section 1067G, in relation to working out the rate of youth allowance where neither section 540AA (about new apprentices) nor paragraph 541(1)(a) (about full-time study) applies; (zc) Part 3.6, in relation to working out whether a person is a member of a couple for the purposes of working out the rate of jobseeker payment; (zd) Module G of Benefit Rate Calculator B in section 1068, in relation to working out the rate of jobseeker payment; (ze) section 1216; (zf) Division 3 of Part 4.2; (zg) clause 128 of Schedule 1A. Determination to be in response to COVID-19 (3) The Minister must be satisfied that a determination under subsection (1) is in response to circumstances relating to the coronavirus known as COVID-19. Application of determination (4) A determination under subsection (1) must be expressed to: (a) apply to all persons; or (b) apply to a specified class or specified classes of persons. Determination may provide for things to have been done before commencement (5) A determination under subsection (1) may provide that a person is taken to have done a specified thing on a day before the determination commences. Determination has effect accordingly (6) A determination under subsection (1) has effect accordingly. Definitions (7) In this section: Minister means the Minister administering the Social Security (International Agreements) Act 1999.
Official source: Federal Register of Legislation
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