Social Security Act 1991

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

Section 771PA — Special needs pensions not to be granted after 20 September 2000

In spite of any other provision of this Part, a person is not to be granted a special needs age pension or special needs disability pension unless: (a) the person’s claim for the pension is lodged,…

Section 771P — Special needs wife pension not to be granted after 30 June 1995

(1) In spite of any other provision of this Part or any provision of the Administration Act, other than section 85, a woman is not to be granted a special needs wife pension unless: (a) her claim for…

Section 772 — Qualification for special needs age pension

A person is qualified for a special needs age pension if: (a) the person has not resided in Australia at any time after 7 May 1973; and (b) the person has turned: (i) if the person is a woman—60; or…

Section 773 — Qualification for special needs disability support pension

A person is qualified for a special needs disability support pension if: (a) the person has not resided in Australia at any time after 7 May 1973; and (b) the person is severely disabled; and (c) the…

Section 774 — Qualification for special needs wife pension

A person is qualified for a special needs wife pension if the person: (a) is a woman who is a member of a couple; and (b) has a partner who is receiving a special needs age pension or a special needs…

Section 779 — Special needs pension not payable if pension rate nil

A special needs pension is not payable to a person if the person’s special needs pension rate would be nil.

Section 783 — Second special needs pension generally not payable after cancellation of initial pension

If: (a) a special needs pension is payable to a person; and (b) the special needs pension is cancelled; another special needs pension is not payable to the person unless the person is qualified to…

Section 787 — Multiple entitlement exclusion

(1) A special needs pension is not payable to a person if the person is already receiving a service pension or a veteran payment. (2) If: (a) a person is receiving a special needs pension; and (b)…

Section 796 — How to work out a person’s special needs pension rate

(1) Subject to subsection (2), the rate of a person’s special needs pension is: (a) if the pension is a special needs age pension—the rate at which an age pension would be payable to the person if…

Section 822 — Qualification for payments under this Subdivision

(1) If: (a) a person is receiving a special needs age, disability support or wife pension; and (b) the person is a member of a couple; and (c) the person’s partner dies; and (d) immediately before…

Section 823 — Continued payment of deceased partner’s previous entitlement

(1) 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…

Section 824 — 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 825 — Adjustment of rate of person’s special needs pension

If: (a) a person is qualified for payments under this Subdivision; and (b) the person does not elect under subsection 822(2) not to receive payments under this Subdivision; the rate of the person’s…

Section 826 — 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 827 — Matters affecting payment of benefits under this Subdivision

(1) If: (a) a person is qualified for payments under this Subdivision and in relation to the death of the person’s partner; and (b) after the person’s partner died, an amount to which the partner…

Section 830 — Death of recipient

(1) If: (a) a person is receiving a special needs pension; and (b) either: (i) the person is not a member of a couple; or (ii) the person is a member of a couple and the person’s partner: (A) is not…

Section 900 — Qualification for economic security strategy payment

Qualified if this section applies (1) A person is qualified for an economic security strategy payment if subsection (2), (3) or (4) applies to the person. Receipt of certain payments (2) This…

Section 901 — Amount of economic security strategy payment—general

(1) The amount of a person’s economic security strategy payment under this Part is the amount, specified in column 3 of the following table, that corresponds to the family situation, specified in…

Section 902 — Amount of economic security strategy payment—person receiving carer allowance

(1) If a person: (a) is qualified under section 900 for an economic security strategy payment because he or she was receiving carer allowance in respect of 14 October 2008; and (b) would not be so…

Section 910 — Qualification for training and learning bonus

Qualified if this section applies (1) A person is qualified for a training and learning bonus if subsection (2) or (4) applies to the person. Receipt of certain payments (2) This subsection applies…

Section 911 — Amount of training and learning bonus

(1) The amount of a person’s training and learning bonus is: (a) if the person qualifies for a training and learning bonus under subsection 910(2) but not under subsection 910(4)—$950; or (b) if the…

Section 914 — Recipients of certain social security payments

Qualification for days 14 May 2012 to 30 June 2012 (1) The Secretary may, on a day during the period starting on 14 May 2012 and ending on 30 June 2012, determine that a person is qualified for a…

Section 914A — Recipients of austudy, youth allowance, some disability support pensions and some special benefits

Qualification for days 14 May 2012 to 30 June 2012 (1) The Secretary may, on a day during the period starting on 14 May 2012 and ending on 30 June 2012, determine that a person is qualified for a…

Section 914B — Disregard nil rate in certain circumstances

(1) For the purposes of section 914 or 914A, a person is taken to receive a social security payment at a rate greater than nil even if the person’s rate would be nil merely because: (a) an election…

Section 914C — Limits on qualifying for multiple advances

(1) A person cannot qualify for more than one clean energy advance under section 914. (2) A person can qualify for at most 2 clean energy advances under section 914A: (a) one under either subsection…

Section 914D — Amount of a clean energy advance

(1) On the day (the decision day) that the Secretary determines that a person (the recipient) is qualified for a clean energy advance, the Secretary must work out the amount of the advance. Note: The…

Section 914E — Clean energy advance daily rate

(1) The recipient’s clean energy advance daily rate is worked out as follows: Working out the recipient’s clean energy advance daily rate If the recipient’s clean energy qualifying payment is: Use…

Section 914F — Number of advance days

The recipient’s number of advance days is the number of days in the recipient’s clean energy advance period that are on or after: (a) if the recipient qualifies for the clean energy advance before 1…

Section 914G — Top-up payments of clean energy advance

(1) The Minister may by legislative instrument determine that persons: (a) who have been paid the amount (the original payment) of a specified clean energy advance worked out under Subdivision B in…

Section 915 — When quarterly energy supplement is payable

Quarterly energy supplement is payable to a person for each day for which an election by the person under subsection 915A(1) or 1061VA(1) is in force in relation to a social security payment the…

Section 915A — Electing to receive quarterly energy supplement

(1) If: (a) Part 2.25C (about quarterly pension supplement) does not apply to a person in relation to a social security payment the person is receiving; and (b) energy supplement is used to work out…

Section 915B — Rate of quarterly energy supplement

(1) The person’s daily rate of quarterly energy supplement, for a particular day, is: (a) if the Rate Calculator for the main payment received on that day produces an annual rate—1/364 of the amount…

Section 917A — Definitions

In this Division: EMEP residence has the meaning given by subsection 917C(1). essential medical equipment payment: (a) means an essential medical equipment payment under this Division (except in…

Section 917B — Qualification for essential medical equipment payment

(1) A person (the claimant) is qualified for an essential medical equipment payment for an income year if: (a) the Secretary is satisfied that the claimant satisfies each of the following on the EMEP…

Section 917C — The medical needs requirement

Person who has medical needs (1) A person satisfies the medical needs requirement on a day if: (a) the person has a medical condition on that day, and as a result: (i) the person requires the use of…

Section 917D — The concession card requirement

A person satisfies the concession card requirement on a day if: (a) the person is a holder of a concession card, or the person’s name is included on a concession card, on that day; or (b) both of the…

Section 917E — The energy account requirement

(1) A person satisfies the energy account requirement on a day if: (a) on that day, the energy account for the relevant EMEP residence is in the name of that person; or (b) on that day, the energy…

Section 917F — Availability of payments

(1) No essential medical equipment payment may be made for an income year in relation to medical equipment that is used in an EMEP residence if an essential medical equipment payment has already been…

Section 917G — Amount of payment

The amount of an essential medical equipment payment for an income year is $140. Note: The amount specified is indexed on each 1 July (see sections 1190 and 1191).

Section 917H — Non-receipt of social security payment

(1) This section applies for the purposes of a provision of this or another Act if: (a) the provision provides a benefit (whether the benefit is a pension, benefit, payment, supplement or any other…

Section 918 — Multiple qualification exclusions

(1) The Minister may by legislative instrument determine that persons in circumstances specified in the instrument cannot qualify for a clean energy bonus under this Act that is specified in the…

Section 952 — Carer allowance definitions

In this Part, unless the contrary intention appears: Adult Disability Assessment Tool has the meaning given by subsection 38C(3). care receiver has the meaning given by subsections 953(1) and (2),…

Section 953 — Qualification for carer allowance—caring for either 1 or 2 disabled children

Single child (1) A person is qualified for carer allowance for a disabled child (the care receiver) if: (a) the care receiver is a dependent child (disregarding subsection 5(3)) of the person; and…

Section 953A — Remaining qualified for carer allowance after child turns 16

Single child (1) If: (a) a person is qualified for carer allowance under subsection 953(1) for a disabled child; and (b) the child turns 16; and (c) apart from the child turning 16, the person would…

Section 954 — Qualification for carer allowance—caring for a disabled adult in a private home of both the adult and the carer

(1) A person is qualified for carer allowance for a disabled adult (the care receiver) if: (a) the care receiver is an Australian resident; and (b) the care receiver is a family member of the person…