Social Security Act 1991
Sections and provisions with full text and the judgments that cite each one.
Section 1061ZZBO — Effect of garnishee or attachment order
(1) This section applies if: (a) a person has an account with a financial institution (whether the account is maintained by the person alone, or jointly or in common with someone else); and (b) a…
Section 1061ZZCO — Rights and liabilities of participating corporation if repayment made
(1) This section applies if, immediately after a repayment is made under a financial supplement contract made by a participating corporation, the total of the amounts repaid and the amounts…
Section 1061ZZDO — Effect of notice
(1) If the Secretary gives a notice under section 1061ZZDN to the person and the corporation, then, unless the decision on the review is set aside or varied after a further review under Chapter 6,…
Section 1061ZZEO — FS debt owed by person
(1) If, at the termination date of a financial supplement contract made by a person with a participating corporation, there was or is an amount outstanding under the contract, the person owes an FS…
Section 1061ZZFO — Application of payments
An amount paid by a person to reduce the person’s debt to the Commonwealth under this Part must be applied in accordance with the person’s direction or, if there is no direction or the direction does…
Section 1061P — Determinations of rates
(1) The Minister may determine in writing for the purposes of subsection 1061M(2) the adult rate for a financial year. (2) The Minister may determine in writing for the purposes of subsection…
Section 1061ZP — Person subject to newly arrived resident’s waiting period
This Subdivision does not apply to a person while the person is subject to a newly arrived resident’s waiting period.
Section 1061ZZAP — Minimum amount of financial supplement
The minimum amount of financial supplement in respect of a person is $500.
Section 1061ZZBP — Secretary may request person obtaining financial supplement to give statement of person’s tax file number
Request for tax file number (1) The Secretary may request, but not compel, a person who is a category 2 student and is obtaining financial supplement: (a) if the person has a tax file number—to give…
Section 1061ZZCP — Corporation’s rights at end of contract period
(1) This section applies if, at the end of the contract period of a financial supplement contract made by a participating corporation, the corporation’s rights under the contract have not previously…
Section 1061ZZDP — This Subdivision is subject to sections 1061ZZFS and 1061ZZFT
This Subdivision has effect subject to sections 1061ZZFS and 1061ZZFT.
Section 1061ZZEP — How to work out FS debt
(1) The FS debt is worked out using the formula: (2) In subsection (1): amount outstanding means the amount outstanding under the contract at the termination date. indexation factor means the factor…
Section 1061ZZFP — Debt discharged by death
If a person dies owing a debt owing to the Commonwealth under this Part, other than an FS assessment debt, the debt is discharged by force of this section.
Section 1061Q — Qualification for telephone allowance
(1) A person is qualified for a telephone allowance if: (a) the person is receiving a social security pension; and (c) the person is a telephone subscriber. Note: For telephone subscriber see…
Section 1061ZQ — Newly arrived resident’s waiting period
(1) Subject to this section, for the purposes of this Division, a person who has entered Australia is subject to a newly arrived resident’s waiting period. (2) Subsection (1) does not apply to a…
Section 1061ZZAQ — Person doing more than one course
(1) This section applies if a person undertakes, or intends to undertake, more than one tertiary course in the same period in a year. (2) The maximum amount of financial supplement for the period in…
Section 1061ZZBQ — Secretary may request person obtaining financial supplement to give statement of parent’s tax file number
Request for parent’s tax file number (1) If: (a) a person (the recipient) who is a category 2 student is obtaining financial supplement; and (b) the income of a parent of the recipient is required to…
Section 1061ZZCQ — Termination notice
(1) As soon as practicable after the termination date of a financial supplement contract made by a person with a participating corporation, the Secretary must arrange for written notice (the…
Section 1061ZZDQ — Secretary may give notice to person and corporation
(1) If the Secretary is satisfied that: (a) a person who is a party to a financial supplement contract with a participating corporation was given a notice under section 1061ZZDN; and (b) the person…
Section 1061ZZEQ — Accumulated FS debt incurred by person
(1) If: (a) a person had or has an FS debt or FS debts on 1 June in a year (the later date); and (b) the debt was not or is not, or the debts did not or do not include, an FS debt that existed on the…
Section 1061ZZFQ — Application of Division
This Division applies if, after a person makes a financial supplement contract with a participating corporation, whether before or after the termination date: (a) the person becomes bankrupt; or (b)…
Section 1061R — Telephone allowance not payable in some circumstances
Even though a person is qualified for a telephone allowance, the allowance is not payable to the person if: (a) the person is receiving a social security payment for which a pension supplement amount…
Section 1061ZR — Duration of newly arrived resident’s waiting period
(1) Subject to subsection (2), if a person is subject to a newly arrived resident’s waiting period, the period: (a) starts on the day on which the person first became an Australian resident or a…
Section 1061ZZAR — Purpose of Division
(1) Financial supplement will be paid to a person who is eligible to obtain financial supplement at a rate determined by the person’s financial supplement contract. (2) If youth allowance, austudy…
Section 1061ZZBR — Secretary may give notice requiring information
(1) The Secretary may give a notice under this section to a person who is a category 2 student if: (a) financial supplement is paid to the person on the person’s own behalf; or (b) financial…
Section 1061ZZCR — Secretary may give notice correcting information in previous notice
If, after a notice has been given to a person under this Division or under the corresponding provision of the Social Security Student Financial Supplement Scheme 1998 or of the Student Assistance Act…
Section 1061ZZDR — Effect of notice
If the Secretary gives a notice under section 1061ZZDQ 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 1061ZZER — How to work out accumulated FS debt
(1) A person’s accumulated FS debt referred to in subsection 1061ZZEQ(1) is an amount equal to the FS debt or the total of the FS debts referred to in that subsection. (2) A person’s accumulated FS…
Section 1061ZZFR — Treatment of debt
(1) A debt arising under or out of the contract is not a provable debt in the bankruptcy or for the purposes of the personal insolvency agreement. (2) A right of the Commonwealth or of the…
Section 1061S — Standard rate of telephone allowance
(1) The rate of telephone allowance for a person to whom section 1061SB (increased rate for home internet) does not apply is worked out using the following Table: Standard rate of telephone allowance…
Section 1061ZS — Issue of health care cards
The Secretary must issue an automatic issue health care card to a person who is qualified for such a card.
Section 1061ZZAS — Reduction of youth allowance, austudy payment or pensioner education supplement for financial supplement
(1) The period for which a payment of financial supplement will be made is an instalment period. (2) Subject to subsection (3), the rate of youth allowance, austudy payment or pensioner education…
Section 1061ZZBS — Event or change relevant to payment
An event or change of circumstances is not to be stated in a notice given under section 1061ZZBR unless the event or change of circumstances might affect the payment of financial supplement.
Section 1061ZZCS — Person may request notice to be corrected
(1) If a person considers that a notice given to the person under this Division or under the corresponding provision of the Social Security Student Financial Supplement Scheme 1998 or of the Student…
Section 1061ZZDS — 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 1061ZZES — Adjusted accumulated FS debt
(1) A person’s adjusted accumulated FS debt on the earlier date is the amount worked out using the formula: (2) In this section: accumulated FS debt means the person’s accumulated FS debt on the…
Section 1061ZZFS — What happens if a decision of the Secretary is set aside
(1) Subject to subsection (2), if a decision of the Secretary under this Chapter is set aside after a review under Chapter 6, this Chapter has effect, and is taken to have always had effect, as if…
Section 1061PT — Pensioner education supplement not payable during newly arrived resident’s waiting period
A pensioner education supplement is not payable to a person while the person is subject to a newly arrived resident’s waiting period (see sections 1061PU and 1061PV).
Section 1061T — Qualification for utilities allowance
(1) A person is qualified for utilities allowance if the person: (a) either: (i) has reached pension age and is receiving an income support payment; or (ii) is receiving a disability support pension…
Section 1061ZT — Certain dependants not qualified for health care card
(1) Subject to subsection (2), a person is not qualified for a health care card in respect of any day on which the person: (a) is a dependant of any person; or (b) is wholly or substantially…
Section 1061ZZAT — Purpose of Division
(1) If a person who is eligible to obtain financial supplement wishes to obtain financial supplement, the person may repay an amount of youth allowance, austudy payment or pensioner education…
Section 1061ZZBT — Formalities related to notice
Subject to section 1061ZZBU, a notice under section 1061ZZBR: (a) must be in writing; and (b) may be given personally or by post; and (c) must state how the person is to give the information to the…
Section 1061ZZCT — Effect of notices and requests
(1) A notice to a person under this Division or under the corresponding provision of the Social Security Student Financial Supplement Scheme 1998 or of the Student Assistance Act 1973 as in force at…
Section 1061ZZDT — Apportionment of financial supplement
Repayments of financial supplement made by the person before the notice was given to the person under subsection 1061ZZDQ(1) or (2) are taken to have been made: (a) first, in or towards the repayment…
Section 1061ZZET — Indexation factor
(1) The indexation factor for the purpose of calculating a person’s FS debt or accumulated FS debt at 1 June in a year (the relevant year), is the lower of the CPI indexation factor for the relevant…
Section 1061ZZFT — What happens if a decision of the Secretary is varied
If a decision of the Secretary under this Chapter is varied after a review under Chapter 6, this Chapter has effect, and is taken to have always had effect, as if the decision as varied had been the…
Section 1061JU — Amount of payment
(1) The amount of a crisis payment payable to a person is half the fortnightly amount at the maximum basic rate of the social security pension or social security benefit that is payable to the…
Section 1061PU — Newly arrived resident’s waiting period
Basic rule (1) Subject to this section, 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 in…
Section 1061U — Qualification for energy supplement
(1) A person is qualified for energy supplement if the person is the holder of a seniors health card. Exceptions (2) Subject to subsections (4), (6) and (8), subsection (1) applies to a person on or…
Section 1061ZZAU — Election to repay youth allowance, austudy payment or pensioner education supplement
(1) A person to whom youth allowance, austudy payment or pensioner education supplement was payable during a payment period may elect to repay to the Commonwealth some or all of the youth allowance,…