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Social Security Act 1991

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

Section 1061ZZDA — Effect of notice

If the Secretary gives a notice under section 1061ZZCZ to the person and the corporation, then, unless the decision to give the notice is set aside or varied after a review under Chapter 6, the…

Section 1061ZZEA — Secretary may give notice to person and corporation

If the Secretary is satisfied that the incorrectness of a statement referred to in section 1061ZZDX that was given to a person who is a party to a financial supplement contract with a participating…

Section 1061ZZFA — Repayment income

(1) A person’s repayment income for an income year is an amount equal to the sum of: (a) the person’s taxable income for the income year, disregarding the person’s assessable FHSS released amount…

Section 1061ZZGA — What is an assurance of support?

In this Chapter: assurance of support means an undertaking by a person under this Chapter that the person will pay the Commonwealth an amount equal to the amount of social security payments that are:…

Section 1061B — Application

A person who wants an advance payment of a social security entitlement under this Part must apply for the advance payment in accordance with this Division.

Section 1061EB — Payment of advance payment

(1) Subject to subsection (3), if the application is granted, the advance payment of the social security entitlement is to be paid on the next day on which the person is paid an instalment of the…

Section 1061KB — Disaster Recovery Allowance not payable if assurance of support in force

A person is not qualified for a Disaster Recovery Allowance if the Secretary is satisfied that at the time the person would otherwise have been so qualified: (a) an assurance of support was in force…

Section 1061PAAB — Recoverable death 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) in any of the following circumstances: (a) the relevant…

Section 1061PAB — Whether a person can be qualified for more than one AVTOP in relation to the same terrorist act

Only one AVTOP for primary victim as primary victim (1) A person cannot be qualified as a primary victim for more than one AVTOP in relation to the same declared overseas terrorist act. Only one…

Section 1061PB — Undertaking qualifying study

General (1) For the purposes of this Part, a person is undertaking qualifying study if the Secretary is satisfied that: (a) the person: (i) is enrolled in a course of education at an educational…

Section 1061SB — Increased rate of telephone allowance for home internet

(1) This section applies to a person if the person satisfies the conditions in this section. Note: A person is eligible for an increased rate of telephone allowance if this section applies to him or…

Section 1061TB — Rate of utilities allowance

A person’s annual rate of utilities allowance is worked out using the following table: Utilities allowance rate table Column 1 Column 2 Column 3 Item Person’s situation Annual rate 1 not a member of…

Section 1061UB — Rate of energy supplement

(1) If subsection (2) applies to the person on a day, the person’s daily rate of energy supplement, for that day, is 1/364 of the amount worked out using the following table: Energy supplement Item…

Section 1061VB — Rate of quarterly pension supplement

(1) The person’s annual rate of quarterly pension supplement is the person’s minimum pension supplement amount. (2) The person’s daily rate of quarterly pension supplement is worked out by dividing…

Section 1061ZAAB — Journey by person who is not an external student

If the person is enrolled for the approved course as a student other than an external student, this section applies in respect of a journey only if the journey is one of the following: (a) a journey…

Section 1061ZCB — Extended qualification rule: former recipient of carer payment

Qualification (1) Subject to subsections (7) and (8), a person is qualified for a pensioner concession card for the period of 26 weeks starting on the day on which this section begins to apply to the…

Section 1061ZDB — Extended qualification rule: partner of former recipient of veterans’ entitlement

Qualification (1) Subject to subsections (6) and (7), 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 1061ZEB — Extended qualification rule: persons with a partial capacity to work

(1) A person is qualified for a pensioner concession card for the period of 52 weeks starting on the day on which this section begins to apply to the person. (2) Subject to subsection (3), this…

Section 1061ZJB — Other modifications because of Veterans’ Entitlements Act

If section 118XA of the Veterans’ Entitlements Act applies in relation to a person, then, in determining whether the person is qualified for a seniors health card under this Division at any time on…

Section 1061ZUB — Non-cancellation of concession cards for temporary overseas absences

(1) Throughout the person’s maximum non-cancellation period (see subsection (3)), the person’s qualification for the concession card is not affected merely by the absence. (2) For a concession card…

Section 1061ZVBB — Qualification for student start-up loan

Receiving youth allowance (1) A person is qualified for a student start-up loan for a qualification period if: (a) on the person’s qualification test day for the period: (i) the person is qualified…

Section 1061ZVDB — SSL debt discharged by death

Upon the death of a person who owes an SSL debt to the Commonwealth, the debt is taken to have been paid. Note: SSL debts are not provable in bankruptcy: see subsection 82(3AB) of the Bankruptcy Act…

Section 1061ZVEB — Stage 1—working out a former accumulated SSL debt

(1) A person’s former accumulated SSL debt, in relation to the person’s accumulated SSL debt for a financial year, is worked out by multiplying: (a) the amount worked out using the following method…

Section 1061ZVFB — Debts under this Chapter

(1) The debts under this Chapter are: (a) SSL debts; and (b) accumulated SSL debts. (2) To avoid doubt, debts that arise under the following sections are not debts under this Chapter: (a) section…

Section 1061ZVGB — Application of voluntary SSL repayments

(1) Any money a person pays under this Division to meet the person’s debts to the Commonwealth under this Chapter is to be applied in payment of those debts as the person directs at the time of the…

Section 1061ZVHB — Repayable SSL debt for an income year

(1) A person’s repayable SSL debt for an income year is: (a) the person’s accumulated SSL debt referred to in paragraph 1061ZVHA(1)(b) in relation to that income year; or (b) if one or more amounts:…

Section 1061ZVJB — Verification of tax file numbers

(1) The Secretary may provide to the Commissioner a tax file number that a person has notified to the Secretary for the purposes of paragraph 1061ZVBB(1)(c) or (2)(c), for the purpose of verifying…

Section 1061ZZAB — Failure by person to comply with request to provide the tax file number of a parent of the person

(1) Subject to subsection (4), this section applies to a person if: (a) the person is requested under section 1061ZZBQ to give the Secretary a written statement of the tax file number of a parent of…

Section 1061ZZBB — Person has right to cancel financial supplement contract

(1) A person who makes a financial supplement contract has a right to cancel the contract. (2) Subsection (1) does not affect the operation of section 1061ZZCU. (3) If, under section 1061ZZBF, the…

Section 1061ZZCB — Period within which statement to be given

The period stated under paragraph 1061ZZBZ(d) must be at least 14 days after the day on which the notice is given.

Section 1061ZZDB — Transfer of corporation’s rights to Commonwealth

(1) On the giving of the notice to the corporation, the corporation’s rights referred to in subsection (2) or (3), as the case may be, are transferred to the Commonwealth by this subsection. (2) If…

Section 1061ZZEB — Effect of notice

If the Secretary gives a notice under section 1061ZZEA to the person and the corporation, then, unless the decision to give the notice is set aside or varied after a review under Chapter 6, the…

Section 1061ZZGB — Who may give an assurance of support?

A person may give an assurance of support only if the requirements specified for the purposes of this section in a determination under section 1061ZZGH are met in relation to the person. Note 1: If a…

Section 1061C — Form of application

(1) The application must be in writing and must be in accordance with a form approved by the Secretary. (2) The application must specify the amount of advance payment sought.

Section 1061EZC — Repayment of special employment advance

(1) If a person receives a special employment advance or an instalment of a special employment advance under this Part, the person must repay the special employment advance or instalment to the…

Section 1061JC — Amount of advance pharmaceutical allowance

Subject to section 1061JD, the amount of a person’s advance pharmaceutical allowance is: where: pharmaceutical allowance rate is the yearly amount of pharmaceutical allowance that would be added to…

Section 1061KC — Rate of Disaster Recovery Allowance

(1) The rate of a person’s Disaster Recovery Allowance is a daily rate. That rate is worked out by dividing the fortnightly rate worked out in accordance with an instrument under subsection (2) by…

Section 1061PAAC — Reports about recoverable payments and recoverable death payments

(1) During the applicable publication period for a reporting period, the Secretary must cause to be published, in such manner as the Secretary thinks fit, a report that sets out: (a) both: (i) the…

Section 1061PAC — When AVTOP for secondary victims is not payable

If: (a) a person makes a claim for an AVTOP as a secondary victim in relation to a close family member who has died as a direct result of a declared overseas terrorist act; and (b) either: (i) before…

Section 1061PC — Approved course of education or study

For the purposes of paragraph 1061PB(1)(b), a course is an approved course of education or study if it is a course determined, under section 5D of the Student Assistance Act 1973, to be a secondary…

Section 1061ZAAC — Journey by person who is an external student

If the person is enrolled for the approved course as an external student, this section applies only in respect of one return journey by the person during the study year between the person’s permanent…

Section 1061ZC — Extended qualification rule: long-term recipient of social security benefits

(1) Subject to subsection (2), if: (a) a person has been receiving a social security benefit referred to in paragraph 1061ZA(2)(b) for a continuous period of not less than 39 weeks; and (b) either:…

Section 1061ZEC — Effect of compliance penalty periods

(1) For the purposes of this Division, a social security payment is taken to be payable to a person if the payment would be payable to the person except for the application of a compliance penalty…

Section 1061ZUC — Extension cards

(1) This section applies if: (a) a person qualifies for a concession card under the following section (the qualification section): (i) section 1061ZC, 1061ZCA, 1061ZCB, 1061ZD, 1061ZDA, 1061ZDB,…

Section 1061ZVBC — Circumstances in which person is not qualified for student start-up loan

Despite section 1061ZVBB, a person is not qualified for a student start-up loan for a qualification period if: (a) immediately before the person’s qualification test day for the period: (i) a…

Section 1061ZVDC — Notice to Commissioner

(1) If a person incurs an SSL debt, the Secretary must give the Commissioner a notice specifying the amount of the debt incurred by the person. (2) The Secretary may include in the notice any other…

Section 1061ZVEC — Stage 2—working out an accumulated SSL debt

(1) A person’s accumulated SSL debt, for a financial year, is worked out as follows: where: former accumulated SSL debt is the person’s former accumulated SSL debt in relation to that accumulated SSL…

Section 1061ZVGC — Refunding of payments

If: (a) a person pays an amount to the Commonwealth under this Division; and (b) the amount exceeds the sum of: (i) the amount required to discharge the total debt that the person owed to the…

Section 1061ZVHC — Commissioner may make assessments

The Commissioner may, from any information in the Commissioner’s possession, whether from a return or otherwise, make an assessment of: (a) the person’s accumulated SSL debt on 1 June immediately…

Section 1061ZVJC — When person with tax file number incorrectly notifies number

(1) If the Commissioner is satisfied: (a) that the tax file number that a person has notified to the Secretary for the purposes of paragraph 1061ZVBB(1)(c) or (2)(c): (i) has been cancelled or…