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Social Security Act 1991

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

Section 957A — Carer allowance income test

(1) This is how to work out whether a person satisfies the carer allowance income test on a day (the test day). Method statement Step 1. Work out the amount of the person’s adjusted taxable income…

Section 957B — Adjusted taxable income

(1) For the purposes of this Subdivision, a person’s adjusted taxable income for a particular tax year is the sum of the following amounts (each of which is an income component): (a) the person’s…

Section 957C — Accepted estimates

(1) For the purposes of section 957B, a person’s accepted estimate of an income component, or the deductible component, for a particular tax year is that income component, or deductible component,…

Section 957D — Income from long-term financial assets

Person is not a member of a couple (1) This is how to work out the person’s deemed income amount under this subsection: Method statement Step 1. Work out the total value of all of the person’s…

Section 958 — Carer allowance not payable if allowance rate nil

A carer allowance is not payable to a person if the person’s carer allowance rate would be nil.

Section 964 — Carer allowance not payable to 2 people for the same care receiver or care receivers unless declaration made

If: (a) 2 persons who are not members of the same couple are each qualified for carer allowance for the same care receiver or care receivers; and (b) the Secretary has not made a declaration under…

Section 965 — Carer allowance not payable to more than one member of a couple

(1) Subject to this section, if one member of a couple is receiving carer allowance for a care receiver or care receivers, carer allowance is not payable to the other member of the couple for the…

Section 966 — Newly arrived resident’s waiting period

(1) A person is subject to a newly arrived resident’s waiting period if the person: (a) has entered Australia; and (b) has not been an Australian resident and in Australia for a period of, or periods…

Section 967 — Duration of newly arrived resident’s waiting period

(1) If a person is subject to a newly arrived resident’s waiting period, the period starts on the day the person first became an Australian resident. (2) The newly arrived resident’s waiting period…

Section 974 — Rate of carer allowance

Daily rate (1) A person’s rate of carer allowance is a daily rate worked out by dividing the person’s fortnightly rate of carer allowance by 14. Fortnightly rate (2) Subject to subsections (3) and…

Section 981 — Secretary may make declaration where 2 people are qualified for carer allowance for the same care receiver or care receivers

(1) If the Secretary is satisfied that 2 people who are not members of the same couple are each qualified for carer allowance for the same care receiver or care receivers, the Secretary is to make a…

Section 992LA — Continued carer allowance during bereavement rate continuation period where disabled adult dies

(1) If: (a) a person is receiving carer allowance (other than because of this section) for a care receiver who is a disabled adult; and (b) the disabled adult dies; and (c) the person is receiving an…

Section 992MA — Child disability assistance definitions

In this Part: care receiver has the same meaning as in Part 2.19. disabled child has the same meaning as in Part 2.19. eligible care receiver has the meaning given by section 992MC. qualified person…

Section 992WA — 2007 one-off payment to carers (carer allowance related)

(1) A person (the qualified person) is qualified for a 2007 one-off payment to carers (carer allowance related) if the following conditions are satisfied in relation to one or more instalments of…

Section 992LB — Lump sum payable in some circumstances

If: (a) a person is qualified for carer allowance under section 992LA in relation to a disabled adult who has died; and (b) the first available bereavement adjustment payday occurs before the end of…

Section 992MB — Qualification for child disability assistance

(1) A person (the qualified person) is qualified for child disability assistance in respect of a particular 1 July if the following conditions are satisfied in respect of one or more instalments of…

Section 992WB — Eligible care receivers

(1) Subject to subsection (2), each person to whose care a qualifying instalment relates is an eligible care receiver in relation to the qualified person. (2) If subsection 953(2) applied in relation…

Section 992MC — Eligible care receivers

(1) Each person to whose care a qualifying instalment relates is an eligible care receiver in relation to the qualified person. (2) However, if subsection 953(2) applied in relation to a qualifying…

Section 992WC — Amount of the one-off payment

Add together the amounts applicable under this section for each eligible care receiver (1) The amount of the one-off payment to the qualified person is worked out by adding together the amounts…

Section 992MD — Amount of child disability assistance

(1) The amount of child disability assistance for the qualified person in respect of the 1 July is worked out by adding together the amount applicable under subsection (2) for each eligible care…

Section 992WD — 2008 one-off payment to carers (carer allowance related)

(1) A person (the qualified person) is qualified for a 2008 one-off payment to carers (carer allowance related) if the following conditions are satisfied in relation to one or more instalments of…

Section 992WE — Eligible care receivers

(1) Subject to subsection (2), each person to whose care a qualifying instalment relates is an eligible care receiver in relation to the qualified person. (2) If subsection 953(2) applied in relation…

Section 992WF — Amount of the one-off payment

Add together the amounts applicable under this section for each eligible care receiver (1) The amount of the one-off payment to the qualified person is worked out by adding together the amounts…

Section 992J — Continued carer allowance during bereavement rate continuation period where disabled child dies

(1) If: (a) a person is receiving carer allowance (other than because of this section or section 954B) for a care receiver who is a disabled child or for care receivers who are 2 disabled children;…

Section 992K — Lump sum payable in some circumstances

(1) If: (a) a person is qualified for carer allowance under section 992J in relation to a disabled child, or one of 2 disabled children, who has died; and (b) the first available bereavement…

Section 992L — Continuation of qualification for carer allowance for 4 weeks in some cases where recipient’s disabled child dies

(1) If: (a) a person is receiving carer allowance (other than because of this section or section 954B) for a care receiver who is a disabled child or for care receivers who are 2 disabled children;…

Section 992M — Death of recipient

(1) If: (a) a person is receiving carer allowance; and (b) the person is a member of a couple; and (c) the person dies; and (d) the person: (i) was qualified at the time of the person’s death for…

Section 992N — One-off payment to carers (carer allowance related)

(1) A person (the qualified person) is qualified for a one-off payment to carers (carer allowance related) if the following conditions are satisfied in relation to one or more instalments of carer…

Section 992O — In respect of what care receivers is the payment payable?

(1) Subject to subsection (2), each person to whose care a qualifying instalment relates is an eligible care receiver in relation to the qualified person. (2) If subsection 953(2) applied in relation…

Section 992P — What is the amount of the payment?

Add together the amounts applicable under this section for each eligible care receiver (1) The amount of the one-off payment to the qualified person is worked out by adding together the amounts…

Section 992Q — 2005 one-off payment to carers (carer allowance related)

(1) A person (the qualified person) is qualified for a 2005 one-off payment to carers (carer allowance related) if the following conditions are satisfied in relation to one or more instalments of…

Section 992R — In respect of what care receivers is the payment payable?

(1) Subject to subsection (2), each person to whose care a qualifying instalment relates is an eligible care receiver in relation to the qualified person. (2) If subsection 953(2) applied in relation…

Section 992S — What is the amount of the payment?

Add together the amounts applicable under this section for each eligible care receiver (1) The amount of the one-off payment to the qualified person is worked out by adding together the amounts…

Section 992T — 2006 one-off payment to carers (carer allowance related)

(1) A person (the qualified person) is qualified for a 2006 one-off payment to carers (carer allowance related) if the following conditions are satisfied in relation to one or more instalments of…

Section 992U — In respect of which care receivers is the payment payable?

(1) Subject to subsection (2), each person to whose care a qualifying instalment relates is an eligible care receiver in relation to the qualified person. (2) If subsection 953(2) applied in relation…

Section 992V — Amount of the one-off payment

Add together the amounts applicable under this section for each eligible care receiver (1) The amount of the one-off payment to the qualified person is worked out by adding together the amounts…

Section 992X — Carer supplement

Qualifying for carer supplement (1) A person (the qualified person) is qualified for carer supplement for a year if the person was or is paid an instalment (the qualifying instalment) of carer…

Section 993 — Double orphan—not refugee

(1) A young person is a double orphan if: (a) the young person is not a refugee child; and (b) each parent of the young person is dead. Note 1: For young person and parent see section 5. Note 2: For…

Section 994 — Double orphan—refugee

(1) A young person is a double orphan if: (a) the young person is a refugee child; and (b) one parent of the young person is: (i) dead; or (ii) living outside Australia; or (iii) uncontactable; and…

Section 995 — Refugee child

(1) A young person is a refugee child if: (a) the young person is not an adopted child by virtue of an adoption under a law in force in a State or Territory of the Commonwealth; and (b) the young…

Section 996 — Long-term prisoner

(1) For the purposes of this Division, a person is a long-term prisoner if the person: (a) has been convicted of an offence; and (b) has been sentenced to imprisonment: (i) for life; or (ii) for a…

Section 997 — Patient on a long-term basis

Mental hospital patient (1) For the purposes of this Division, a person is a mental hospital patient on a long-term basis if: (a) the person is a mental hospital patient; and (b) the Secretary is…

Section 998 — Person uncontactable

For the purposes of this Division, a person is uncontactable if the person’s whereabouts are not known to the person or approved care organisation claiming or receiving the double orphan pension…

Section 999 — Qualification for double orphan pension

Persons other than approved care organisations (1) A person is qualified for a double orphan pension for a young person if: (a) the young person is an FTB child of the person, or would be an FTB…

Section 1003 — Double orphan pension not payable for child receiving a pension under the Veterans’ Entitlements Act

(1) A double orphan pension is not payable for a child in relation to an instalment period for family tax benefit if the child is receiving a pension under Part II or IV of the Veterans’ Entitlements…

Section 1010 — Rate of double orphan pension

(1) Subject to subsections (1A) to (3A), the rate of double orphan pension is a daily rate calculated by dividing $37.90 by 14. (1A) If a person who is qualified for double orphan pension for a child…

Section 1033 — Continued double orphan pension during bereavement rate continuation period where DOP child dies

If: (a) a person is receiving double orphan pension for a young person; and (b) the young person dies; and (c) immediately before the young person died: (ii) the young person was an FTB child of the…

Section 1034 — Lump sum payable in some circumstances

If: (a) a person is qualified for double orphan pension under section 1033 in relation to the death of a DOP child; and (b) the first available bereavement adjustment payday occurs before the end of…

Section 1034A — Death of recipient

(1) If: (a) a person is receiving a double orphan pension; and (b) the person is a member of a couple; and (c) the person dies; and (d) the person: (i) was qualified at the time of the person’s death…

Section 1034AA — Continuation of qualification for double orphan pension for 4 weeks in some cases where recipient’s DOP child dies

If: (a) a person is receiving double orphan pension for a young person; and (b) the young person dies; and (c) the person is not qualified for double orphan pension under section 1033 in respect of…