Social Security Act 1991
Sections and provisions with full text and the judgments that cite each one.
Section 1061ZZDJ — Apportionment of financial supplement
Repayments of financial supplement made by the person before the notice was given to the person under subsection 1061ZZDG(1) or (2) are taken to have been made: (a) first, in or towards the repayment…
Section 1061ZZEJ — Discharge of corporation’s liability
(1) From the time when the notice is given to the corporation, the corporation is discharged from liability to make further payments under the contract. (2) However, if the corporation continues to…
Section 1061ZZFJ — Commissioner of Taxation may delay assessment
(1) The Commissioner of Taxation may, on application in the approved form by a person who has an accumulated FS debt, delay the making of an assessment under section 1061ZZFH. (2) An assessment may…
Section 1061EK — Advance payment to be absolutely inalienable
Inalienability (1) Subject to subsections (2) and (3) and section 238 and Parts 3AA and 3B of the Administration Act, an advance payment under this Part is absolutely inalienable, whether by way of,…
Section 1061JK — Crisis payment not payable if assurance of support in force
A person is not qualified for a crisis payment if the Secretary is satisfied that at the time the person would otherwise have been qualified for crisis payment: (a) an assurance of support was in…
Section 1061K — Qualification for Australian Government Disaster Recovery Payment
(1) A person is qualified for an Australian Government Disaster Recovery Payment if: (a) the person is at least 16 years old, or is receiving a social security payment; and (b) the person: (i) is an…
Section 1061PK — Pensioner education supplement age
For the purposes of this Part, a person is of pensioner education supplement age if the person: (a) is at least 16 years old; or (b) is independent and has reached the minimum school leaving age for…
Section 1061ZAAK — Fares allowance for private transport
(1) If the Secretary is satisfied that it is not practicable for the person to make any part of the journey by public transport, the amount of fares allowance for the entire journey is worked out…
Section 1061ZK — Qualification: general rules
(1) A person is qualified for a health care card on a day if this section applies to the person on that day. (2) This section applies to a child on a day if a person is qualified under Part 2.19 for…
Section 1061ZVJK — Pay as you go (PAYG) instalments
Division 45 in Schedule 1 to the Taxation Administration Act 1953 applies, so far as it is capable of application, in relation to the collection of a compulsory SSL repayment amount of a person as if…
Section 1061ZZAK — Maximum amount of financial supplement
(1) If the relevant eligibility period of a person who is a category 1 student is a year, the maximum amount of financial supplement for the period in respect of the person is the lesser of: (a)…
Section 1061ZZBK — Rounding off
If the amount of an instalment includes a fraction of a cent, the amount is to be rounded to the nearest whole cent (0.5 cent being rounded upwards).
Section 1061ZZCK — What happens if person makes an excess repayment
If a person purports to make a repayment to a participating corporation under a financial supplement contract by paying an amount under subsection 1061ZZCJ(3) that exceeds the amount that, having…
Section 1061ZZDK — Liability of Commonwealth to corporation
The Commonwealth is liable to pay to the corporation the amount of any wrongly paid supplement that has not been repaid.
Section 1061ZZEK — Transfer of corporation’s rights to Commonwealth
(1) The corporation’s rights referred to in subsection (2) are transferred to the Commonwealth, by this subsection, at the earlier of: (a) the time when the corporation stopped making payments under…
Section 1061ZZFK — Commissioner of Taxation may amend assessment
(1) The Commissioner of Taxation may, on application in the approved form by a person who has an accumulated FS debt, amend an assessment made under section 1061ZZFH so that no amount is payable…
Section 1061EL — Repayment of advance payment
(1) If a person receives an advance payment or an instalment of an advance payment under this Part, the person must repay the advance payment or instalment to the Commonwealth by one or more of the…
Section 1061JL — Person not qualified for crisis payment if qualified for crisis payment under ABSTUDY scheme
A person is not qualified for a crisis payment under section 1061JG, 1061JH, 1061JHA, 1061JI or 1061JIA in respect of a circumstance if the Secretary is satisfied that: (a) the person is qualified…
Section 1061L — Meaning of adversely affected
(1) For the purposes of this Act, a person is adversely affected by a major disaster if the person is affected by the disaster in a way determined by the Minister in relation to the disaster. (2) The…
Section 1061PL — When a person is regarded as independent
Application (1) This section applies to determine whether a person is to be regarded as independent for the purposes of this Part. A person is not to be regarded as independent except as provided by…
Section 1061ZVJL — Administration of this Chapter
The Commissioner has the general administration of: (a) paragraphs 1061ZVBB(1)(c) and (2)(c); and (b) Parts 2AA.3 and 2AA.4 and this Part; and (c) Division 2A of Part 4 of the Administration Act…
Section 1061ZZAL — Change in eligibility period
(1) The maximum amount of financial supplement in respect of a person who is a category 2 student depends on the person’s eligibility period. (2) If the person is undertaking, or intends to…
Section 1061ZZBL — To whom instalments must be paid
(1) If a person who is a category 1 student is trading in, or trading back, youth allowance, financial supplement must be paid to the person to whom instalments of youth allowance are or were being…
Section 1061ZZCL — Amount repaid not to include certain amounts
If the person makes a repayment under subsection 1061ZZCJ(3), the amount repaid is to be disregarded for the purposes of this Division: (a) to the extent to which it relates to wrongly paid…
Section 1061ZZDL — Liability of person to Commonwealth
(1) If the notice was given to the person under subsection 1061ZZDG(1), the person is liable to pay to the Commonwealth an amount equal to the total of: (a) the amount that the Commonwealth is liable…
Section 1061ZZEL — Liability of Commonwealth to corporation
(1) The Commonwealth is liable to pay to the corporation an amount worked out, as at the earlier of: (a) the time when the corporation stopped making payments under the contract; or (b) the end of…
Section 1061ZZFL — When Commissioner of Taxation must make decision to delay or amend assessment
(1) If an application referred to in section 1061ZZFJ or 1061ZZFK is made, the Commissioner of Taxation must, as soon as practicable: (a) consider it; and (b) give to the applicant written notice of…
Section 1061EM — Qualification for special employment advance
(1) Subject to section 1061EO, a person is qualified for a special employment advance at a particular time (the relevant time) only if: (a) the person is qualified for a special employment advance…
Section 1061M — Amount of payment for disasters in Australia
(1) The amount of an AGDRP payable to a person in relation to a major disaster that occurs in Australia is the sum of: (a) the adult rate for the financial year in which the major disaster is…
Section 1061PM — Residency requirements
For the purposes of this Part, a person meets the residency requirements if the person: (a) is an Australian resident; and (b) subject to section 1061PN, is in Australia.
Section 1061ZM — Qualification for health care card: employment-affected person
(1) Subject to subsection (2), if: (a) either: (i) a person who is an employment-affected person or the partner of such a person commences employment; or (ii) there is an increase in the ordinary…
Section 1061ZZAM — Eligibility period (short course)
(1) This section explains whether, and how, to change the eligibility period for a person who is undertaking, or intending to undertake, a short course. (2) Subject to subsection (3), the eligibility…
Section 1061ZZBM — Payment into bank account
(1) If an amount of financial supplement is paid to a person, it must be paid to the credit of a bank account nominated and maintained by the person. (2) The bank account may be maintained by the…
Section 1061ZZCM — How to work out discount
(1) If, during the contract period, a person makes a repayment of an amount that is less than the amount outstanding, the person is entitled, in respect of the repayment, to a discount of an amount…
Section 1061ZZDM — This Subdivision not to affect Subdivision A
This Subdivision does not affect the operation of Subdivision A.
Section 1061ZZEM — Discharge of person’s liability
The person’s liability to the Commonwealth under the contract as a result of the transfer referred to in section 1061ZZEK is discharged by this section.
Section 1061ZZFM — Application to ART
An applicant under section 1061ZZFJ or 1061ZZFK may apply to the ART for review of: (a) a decision of the Commissioner of Taxation on the application referred to in section 1061ZZFJ; or (b) a…
Section 1061EN — Meaning of in severe financial hardship
For the purposes of paragraph 1061EM(1)(e) as it applies to a person who makes a claim for special employment advance, the person is in severe financial hardship if: (a) where the person is not a…
Section 1061N — Amount of payment for disasters outside Australia
The amount of an AGDRP payable to a person in relation to a major disaster that occurs outside Australia is the sum of: (a) the amount that the Minister determines under subsection 1061P(4) in…
Section 1061PN — Absence of persons overseas
General (1) A person who is undertaking qualifying study is taken to be in Australia while the person: (a) is absent from Australia for the purpose of undertaking part of the studies for the course…
Section 1061ZN — Residence requirement
(1) Sections 1061ZK, 1061ZM and 1061ZMA only have effect in relation to a person on a day on which: (a) the person is in Australia and is: (i) an Australian resident or a special category visa holder…
Section 1061ZZAN — Eligibility period (no short course)
(1) This section explains whether, and how, to change the eligibility period for a person who is neither undertaking, nor intending to undertake, a short course. (2) Subject to subsection (3), the…
Section 1061ZZBN — Financial supplement to be absolutely inalienable
Financial supplement is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.
Section 1061ZZCN — Effect of making a repayment during contract period
Application (1) This section applies if a person, at a time (the repayment time) during the contract period of a financial supplement contract made by the person with a participating corporation,…
Section 1061ZZDN — Secretary must give notice to person and corporation
(1) This section applies if: (a) a person is a party to a financial supplement contract with a participating corporation; and (b) the decision (the original decision) made in respect of the person…
Section 1061ZZEN — Purpose and application of Part
This Part provides for the recovery through the taxation system of a person’s debt in respect of financial supplement at the end of 4 years beginning on 1 June in the year immediately after the year…
Section 1061ZZFN — Payments not subject to taxation
(1) An amount paid, or other benefit given, to a person under this Chapter is not subject to taxation under a law of the Commonwealth unless a provision of such a law expressly provides to the…
Section 1061EO — Person not qualified in certain circumstances
A person is not qualified for a special employment advance if: (b) the lump sum amount, or the total of the amounts of the instalments, as the case may be, of the special employment advance to which…
Section 1061ZO — Qualification
(1) A person is qualified for a health care card on a day if this section applies to the person on that day. (2) This section applies to a person on a day if, on that day: (a) in the case of a…
Section 1061ZZAO — Maximum amount of financial supplement
(1) If: (a) the person is undertaking, or intending to undertake, a short course; or (b) the person is neither undertaking, nor intending to undertake, a short course and the person’s eligibility…