Section 240B — Social Security (Administration) Act 1999: Restrictions on listing of dependants

(1) A seniors health card is not to include the name of any person as a dependant of the holder of the card. (2) A health care card issued to a person by virtue of subsection 1061ZK(7) or 1061ZO(9) of the 1991 Act is not to include the name of any person as a dependant of the holder of the card. (3) A health care card is not to include the name of a person (other than the partner of the holder of the card) as a dependant of the holder of the card if the person is the holder of a pensioner concession card or a health care card. (4) A pensioner concession card or a health care card is not to include the name of the partner of the holder of the card as a dependant of the holder of the card unless: (a) the partner is in Australia and is: (i) an Australian resident; or (ia) is a special category visa holder residing in Australia; or (ii) the holder of a visa included in a class of visas determined by the Minister for the purposes of this paragraph; or (iii) a person declared by the Minister to be a person to whom this subparagraph applies; or (b) the partner is a New Zealand citizen and the holder of the card: (i) is in Australia; and (ii) is receiving a social security pension or benefit solely because of the operation of the scheduled international agreement between Australia and New Zealand. (4A) The Minister may, by legislative instrument, determine a class of visas for the purposes of paragraph (4)(a). (5) The Minister may, by legislative instrument, declare that a person who: (a) is included in a specified class of persons; and (b) is, or has been, in Australia in specified circumstances; is a person to whom subparagraph (4)(a)(iii) applies. (6) The circumstances that may be specified in a declaration under subsection (5) include circumstances that existed or exist at any time before or after the making of the declaration. (8) In this section: dependant has the same meaning as in Part 2A.1 of the 1991 Act.