Social Security Act 1991
Sections and provisions with full text and the judgments that cite each one.
Section 1035 — Qualification for mobility allowance (rate specified in subsection 1044(1))
(1) A person is qualified for a mobility allowance at the rate specified in subsection 1044(1) if the person satisfies the travel test set out in subsection (2) of this section, the person is a…
Section 1035A — Qualification for mobility allowance (rate specified in subsection 1044(1A))
General principle (1) A person is qualified for a mobility allowance at the rate specified in subsection 1044(1A) if: (a) the person is a person with disability; and (aa) the person has turned 16;…
Section 1036 — Mobility allowance not payable at 2 rates
Mobility allowance at the rate specified in subsection 1044(1) is not payable to a person while mobility allowance at the rate specified in subsection 1044(1A) is payable to the person.
Section 1037 — Mobility allowance not payable where person receiving motor vehicle assistance
A mobility allowance is not payable to a person: (a) if the person is provided with a motor vehicle under the Vehicle Assistance Scheme prepared under section 105 of the VEA—during any period during…
Section 1038 — Mobility allowance not payable when person is NDIS participant
A mobility allowance is not payable to a person if: (a) the person is an NDIS participant; and (b) an NDIS plan is in effect for the NDIS participant; and (c) the NDIS plan contains a statement…
Section 1039AA — Newly arrived resident’s waiting period
(1) Subject to this section, a person who: (a) enters Australia; and (b) has not been an Australian resident and in Australia for a period of, or periods totalling, 208 weeks; is subject to a newly…
Section 1039AB — Duration of newly arrived resident’s waiting period
If a person is subject to a newly arrived resident’s waiting period, the period: (a) starts on the day the person first became an Australian resident; and (b) ends when the person has been an…
Section 1044 — Rate of mobility allowance
(1AA) The rate of mobility allowance is a daily rate worked out by dividing the fortnightly rate by 14. (1) The fortnightly rate of mobility allowance for a person who qualifies for the allowance…
Section 1044A — Reduction of the advance payment period
(1) A person’s advance payment period is the period worked out using the following Method statement if: (a) the person has received a mobility allowance advance; and (b) the amount of the advance was…
Section 1045 — Qualification for mobility advance
(1) A person is qualified for a mobility allowance advance if: (a) the person is receiving mobility allowance; and (b) the person has requested the advance; and (c) the Secretary is satisfied that…
Section 1046 — Continuation of mobility allowance when person ceases to be qualified
(1) This section applies to a person if: (a) a mobility allowance at the rate specified in subsection 1044(1) is payable to a person; and (b) the person would, apart from this section, cease to be…
Section 1047 — Definition
In this Part: designated social security payment means: (a) disability support pension; or (c) jobseeker payment; or (d) parenting payment; or (g) youth allowance.
Section 1048 — General statement of qualification
A person is qualified to receive a language, literacy and numeracy supplement in respect of a fortnight if: (a) the person is receiving a designated social security payment in respect of that…
Section 1049 — Language, literacy and numeracy supplement not payable in certain circumstances
(1) Language, literacy and numeracy supplement is not payable to a person in respect of a fortnight if pensioner education supplement under Part 2.24A or under ABSTUDY is payable to the person in…
Section 1050 — Rate increase attributable to language, literacy and numeracy supplement
If a person: (a) is qualified to receive language, literacy and numeracy supplement in respect of a fortnight; and (b) nothing in section 1049 precludes the payability of that supplement to that…
Section 1061A — Qualification for advance payment
Qualifications (1) Subject to this section, a person is qualified for an advance payment of a social security entitlement only if: (a) the social security entitlement is payable to the person; and…
Section 1061EA — Secretary to determine application
(1) The Secretary must determine the application in accordance with this Act. (2) The Secretary must grant the application if the Secretary is satisfied that the person is qualified for the advance…
Section 1061ECA — Amount of advance payment—age and disability support pensions and carer payment
Application (1) The amount of an advance payment of any of the following social security pensions is worked out according to this section: (a) age pension; (b) disability support pension; (d) carer…
Section 1061JHA — Qualification—remaining in home after removal of family member due to domestic or family violence
(1) A person is qualified for a crisis payment if: (a) the person has been subjected to domestic or family violence, in Australia, by a family member of the person; and (b) at the time of the…
Section 1061JIA — Qualification—national health emergency
(1) A person is qualified for a crisis payment if: (a) on the day on which the claim for the crisis payment is made: (i) the person has made a claim (whether on the same day or on an earlier day) for…
Section 1061KA — Qualification for Disaster Recovery Allowance
(1) A person is qualified for a Disaster Recovery Allowance if: (a) the person is at least 16 years of age; and (b) the person: (i) is an Australian resident; or (ii) is the holder of a visa that is…
Section 1061PA — Qualification for pensioner education supplement
A person is qualified for a pensioner education supplement if the person: (a) is undertaking qualifying study (see Subdivision B); and (b) is receiving a payment attracting pensioner education…
Section 1061PAA — Qualification for Australian Victim of Terrorism Overseas Payment
Qualification for AVTOP (1) A person is qualified for an Australian Victim of Terrorism Overseas Payment if: (a) the person is a primary victim or a secondary victim of a declared overseas terrorist…
Section 1061PAAA — Recoverable payments
(1) If, apart from this subsection, the Commonwealth does not have power under the social security law to pay an amount (the relevant amount) to a person (the recipient) purportedly as an Australian…
Section 1061SA — Increased rate of telephone allowance
(1) The rate of telephone allowance for a person to whom section 1061SB (increased rate for home internet) applies is worked out using the following table: Increased rate of telephone allowance…
Section 1061TA — When utilities allowance is payable
(1) Utilities allowance is payable to a person in relation to each utilities allowance test day on which the person is qualified for the allowance. (2) However, utilities allowance is not payable to…
Section 1061UA — When energy supplement is payable
(1) Energy supplement is payable to a person in relation to each day on which the person is qualified for the supplement. (2) However, energy supplement is not payable to the person in relation to a…
Section 1061VA — Quarterly pension supplement
(1) The person may, in a manner or way approved by the Secretary, make an election to receive the person’s minimum pension supplement amount on a quarterly basis as a separate social security…
Section 1061ZA — General qualification rules
(1) Subject to subsection (3), a person is qualified for a pensioner concession card on a day if a social security pension is payable to the person for that day. (1A) Paragraph (1)(a) does not apply…
Section 1061ZAAA — Qualification for fares allowance
(1) A person is qualified for fares allowance for a journey by the person if: (a) during a period (the relevant period) that is the whole or a part of a study year the person undertakes an approved…
Section 1061ZCA — Extended qualification rule: former recipient of age pension and partner
Qualification (1) Subject to subsections (8) and (9), a person is qualified for a pensioner concession card for the period of 2 years starting on the day on which this section begins to apply to the…
Section 1061ZDA — Extended qualification rule: former recipient of pension PP (single)
(1) If: (a) a pension PP (single) has been payable to a person; and (b) the person ceases to be qualified for that payment because, on a day, the person’s youngest child turns 14; and (c) apart from…
Section 1061ZEA — Further extended qualification rule: loss of payment because of employment income
(1) This section does not apply in any case where a person is qualified for a pensioner concession card under section 1061ZCA, 1061ZCB, 1061ZD, 1061ZDA, 1061ZDB or 1061ZEB. (2) If: (a) a person is…
Section 1061ZJA — Modifications if person’s rate of social security pension is nil on 1 January 2017
(1) This section applies in relation to a person if: (a) immediately before 1 January 2017, the person was receiving a social security pension; and (b) the Secretary is satisfied that the rate of…
Section 1061ZMA — Further extended qualification rule: loss of payment because of employment income
(2) If: (a) a person is receiving a social security pension or a social security benefit; and (b) the person’s rate of payment of the pension or benefit is worked out with regard to the income test…
Section 1061ZNA — Effect of compliance penalty periods
(1) For the purposes of this Subdivision, a person is taken to have been receiving, or to be receiving, a social security pension or social security benefit if the person would have been receiving,…
Section 1061ZUA — Persons to whom Division applies
(1) This Division applies to a person if: (a) the person leaves Australia temporarily (see subsection (2)); and (b) the person is continuously absent from Australia during a period (the period of…
Section 1061ZVAA — Simplified outline of this Chapter
Student start-up loans are social security payments that are income-contingent loans. Broadly, full-time students who are receiving youth allowance or austudy might be qualified for a student…
Section 1061ZVBA — Simplified outline of this Part
Broadly, full-time students who are receiving youth allowance or austudy might be qualified for a student start-up loan. A person can qualify for up to 2 loans each calendar year.
Section 1061ZVCA — Simplified outline of this Part
A person incurs an SSL debt if the person receives a student start-up loan (except in certain circumstances when the loan is required to be recovered as a social security debt under this Act). Each…
Section 1061ZVDA — SSL debts
(1) A person incurs an SSL debt to the Commonwealth if the person is paid a student start-up loan for a qualification period. (2) The SSL debt is incurred by the person on the later of: (a) the day…
Section 1061ZVEA — Simplified outline of this Division
There are 2 stages to working out a person’s accumulated SSL debt for a financial year. In stage 1, the person’s former accumulated SSL debt is worked out by adjusting the preceding financial year’s…
Section 1061ZVFA — Simplified outline of this Part
A person who owes a debt to the Commonwealth under this Chapter may make voluntary SSL repayments. The person is required to make repayments once the person’s income exceeds the minimum repayment…
Section 1061ZVGA — Voluntary SSL repayments in respect of debts
(1) A person may at any time make a payment in respect of a debt that the person owes to the Commonwealth under this Chapter. (2) The payment must be made to the Commissioner.
Section 1061ZVHA — Liability to repay amounts
(1) If: (a) a person’s HELP repayment income for an income year exceeds the minimum HELP repayment income for the income year; and (b) on 1 June immediately preceding the making of an assessment in…
Section 1061ZVJA — Simplified outline of this Part
The Secretary and the Commissioner may share information about tax file numbers for the purposes of administering student start-up loans. The Commissioner is also responsible for the recovery of…
Section 1061ZZA — Category 2 student
(1) A person is a category 2 student in respect of a period if: (a) the person is not a category 1 student in respect of the period; and (b) throughout the period the person is undertaking full-time…
Section 1061ZZAA — Failure by person to comply with request to provide person’s tax file number
(1) This section applies to a person if: (a) the Secretary has requested the person under section 1061ZZBP to: (i) give the Secretary a written statement of the person’s tax file number; or (ii)…
Section 1061ZZBA — Validity of financial supplement contract
(1) The validity of a financial supplement contract with a person is not affected merely because the person was not eligible to obtain financial supplement when the contract was made, or ceases at a…
Section 1061ZZCA — Validity of notice
A notice under section 1061ZZBY is not invalid merely because it does not comply with paragraph 1061ZZBZ(c) or (e).