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Social Security Act 1991

Sections and provisions with full text and the judgments that cite each one.

Section 661F — Effect of undertaking activities under the remote engagement program

A person is not taken to be any of the following merely because the person undertakes an activity in accordance with a remote engagement placement under the remote engagement program: (a) a worker…

Section 665A — Payment to recipient of pension PP (single)

A person is qualified for an education entry payment under this section if: (a) the person is receiving a pension PP (single); and (b) a pensioner education supplement is payable to the person; and…

Section 665ZFA — Payment to a carer payment recipient

A person is qualified for an education entry payment under this section if: (a) the person is receiving a carer payment; and (b) a pensioner education supplement is payable to the person; and Note:…

Section 665B — Amount of section 665A payment

The amount of an education entry payment under section 665A is $208.

Section 665ZFB — Amount of section 665ZFA payment

The amount of an education entry payment under section 665ZFA is $208.

Section 665C — Need for claim

A person is not qualified for an education entry payment under section 665A unless the person has made a claim for the payment.

Section 665ZFC — Need for claim

A person is not qualified for an education entry payment under section 665ZFA unless the person has made a claim for the payment.

Section 665E — Payment to a disability support pensioner

A person is qualified for an education entry payment under this section if: (a) the person is receiving a disability support pension; and (b) a pensioner education supplement is payable to the…

Section 665F — Amount of section 665E payment

The amount of an education entry payment under section 665E is $208.

Section 665G — Need for claim

A person is not qualified for an education entry payment under section 665E unless the person has made a claim for the payment.

Section 665M — Payment to a special benefit recipient

A person is qualified for an education entry payment under this section if: (a) the person would be qualified for a pension PP (single) apart from paragraphs 500(1)(b) and (d) (Australian residency…

Section 665N — Amount of section 665M payment

The amount of an education entry payment under section 665M is $208.

Section 665P — Need for claim

A person is not qualified for an education entry payment under section 665M unless the person has made a claim for the payment.

Section 665U — Payment to recipient

(1) A person is qualified for an education entry payment under this section if: (a) either: (i) the Secretary is satisfied that the person intends to enrol in a full-time course of education that is…

Section 665ZU — Payment to recipient of PP (partnered)

(1) A person is qualified for an education entry payment under this section if: (a) either: (i) the Secretary is satisfied that the person intends to enrol in a full-time or part-time course of…

Section 665V — Amount of section 665U payment

The amount of an education entry payment under section 665U is $208.

Section 665ZV — Amount of section 665ZU payment

The amount of an education entry payment under section 665ZU is $208.

Section 665W — Need for claim

A person is not qualified for an education entry payment under section 665U unless the person has made a claim for the payment.

Section 665ZW — Need for claim

A person is not qualified for an education entry payment under section 665ZU unless the person has made a claim for the payment.

Section 665ZY — Education entry payment to be absolutely inalienable

(1) Subject to subsections (2) and (3) and section 238 of the Administration Act, an education entry payment is absolutely inalienable, whether by way of, or in consequence of, sale, assignment,…

Section 665ZZ — Effect of garnishee or attachment order

(1) If: (a) a person has an account with a financial institution; and (b) a court order in the nature of a garnishee order comes into force in respect of the account; and (c) an education entry…

Section 729 — Qualification for special benefit

(1) A person is qualified for a special benefit for a period if the Secretary determines, in accordance with subsection (2), that a special benefit should be granted to the person for the period.…

Section 729A — Time limit on qualification for certain recipients of special benefit

(1) This section applies to a person who is receiving special benefit if: (a) the person’s maximum benefit period is 13 weeks or less; and (b) the Secretary determines that this section should apply…

Section 729AA — Effect of industrial action on qualification conditions of certain claimants for special benefit

(1) A person who: (a) has claimed special benefit; and (b) is: (i) the holder of a visa included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and…

Section 729B — Certain recipients of special benefit cease to be qualified for special benefit after 52 weeks

(1) A person to whom subsection 729A(4) applies ceases to be qualified for special benefit if the person has received special benefit in respect of the immediately preceding period of 52 weeks. (2)…

Section 729C — Consequence of subsection 729B(2) determination

(1) If the Secretary: (a) is satisfied of the matter mentioned in paragraph 729B(2)(a); and (b) makes a determination under subsection 729B(2) in relation to a person; then the person ceases to be…

Section 730 — Determination of period

The period determined by the Secretary under subsection 729(2) is not to begin before the person’s start day.

Section 732 — Special benefit not payable if benefit rate nil

(1) Subject to subsection (2), special benefit is not payable to a person if the person’s special benefit rate would be nil. (2) Subsection (1) does not apply to a person if the person’s rate would…

Section 733 — Assets test—benefit not payable if assets value limit exceeded

(1) A special benefit is not payable to a person if: (a) the person is not excluded from the special benefit assets test; and (b) the value of the person’s assets exceeds the person’s assets value…

Section 734 — Value of assets of members of couples

(1) If: (a) the person is a member of a couple; and (b) the person’s partner: (i) is not in receipt of a social security pension, a service pension, income support supplement or a veteran payment;…

Section 735 — Multiple entitlement exclusion

(1) Special benefit 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 special benefit;…

Section 736 — Secretary may require certain persons to attend courses or undertake work

(1) If: (a) a person, other than a person who is a nominated visa holder, is receiving, or has lodged a claim for, special benefit; and (b) the Secretary is of the opinion that the person should: (i)…

Section 737 — Full-time students

(1) Subject to subsection (3), a special benefit is not payable to a person: (a) who has turned 18; or (b) who satisfies both of the following: (i) the person has not turned 16; and (ii) the person…

Section 738 — Payments under certain education schemes

(1) Subject to subsections (2) and (3), a special benefit is not payable to a person: (a) who has turned 18; or (b) who satisfies both of the following: (i) the person has not turned 16; (ii) the…

Section 739 — SPB homeless person

For the purposes of subparagraphs 737(1)(b)(ii) and 738(1)(b)(ii), a person is an SPB homeless person if: (a) the person is not a member of a couple; and (b) the person does not have a dependent…

Section 739A — Newly arrived resident’s waiting period

(1) Subject to this section, a person who, on or after the commencement of this subsection: (a) enters Australia; or (b) becomes the holder of a permanent visa; or (e) becomes the holder of a visa…

Section 739B — Secretary to act in accordance with guidelines

The Secretary must exercise the powers under subsection 739A(7), in accordance with guidelines from time to time in force under section 739C.

Section 739C — Guidelines for exercise of Secretary’s powers under subsection 739A(7)

The Minister, by legislative instrument: (a) is to set guidelines for the exercise of the Secretary’s powers under subsection 739A(7); and (b) may revoke or vary those guidelines.

Section 745H — Situations where special benefit not payable for failure to comply with certain requirements

Special benefit is not payable to a person who is a nominated visa holder if the person refuses or fails, without reasonable excuse, to comply with a requirement made of the person under section 67,…

Section 745M — Seasonal workers

(1) This section applies if, at any time during the 6 months immediately before the day on which a person who is a nominated visa holder lodges a claim for special benefit, the person or, if the…

Section 745N — Move to area of lower employment prospects

(1) Subject to subsection (3), if, in the opinion of the Secretary, a person who is a nominated visa holder has reduced his or her employment prospects by moving to a new place of residence without…

Section 746 — Rate of special benefit

(1) The rate of a person’s special benefit is the fortnightly rate determined by the Secretary in his or her discretion. (2) The rate of a person’s special benefit is not to exceed the rate at which…

Section 747 — Approved program of work supplement for persons who are nominated visa holders

If a person who is a nominated visa holder: (a) is receiving special benefit; and (b) is participating in an approved program of work for income support payment; the rate of the person’s special…

Section 759 — Effect of industrial action on rate of special benefit payable to persons who are nominated visa holders

(1) If: (a) a person who is a nominated visa holder is receiving special benefit; and (b) while the person is receiving that benefit the person becomes engaged in industrial action, or in a series of…

Section 768A — Qualification for payments under this Subdivision

(1) If: (a) a person is receiving a special benefit; and (b) the person is a long-term social security recipient; and (c) the person is a member of a couple; and (d) the person’s partner dies; and…

Section 768B — 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…

Section 768C — 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…

Section 768D — Adjustment of a person’s special benefit rate

If: (a) a person is qualified for payments under this Subdivision; and (b) the person does not elect under subsection 768A(2) not to receive payments under this Subdivision; the rate of the person’s…

Section 768E — 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 (c) the Secretary does…

Section 768F — 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 (b) after the person’s partner died, an amount to which the partner would…