Social Security Act 1991
Sections and provisions with full text and the judgments that cite each one.
Section 1073AB — Unused concession balance
Existing unused concession balances before 1 January 2024 (1) If, immediately before 1 January 2024, a person has an unused concession balance (including a balance of nil or a retained balance under…
Section 1073B — Attribution of employment income paid monthly
(1) This section applies for the purposes of working out a person’s (the recipient’s) rate of payment of a social security pension if: (a) the rate of payment is worked out with regard to the income…
Section 1073BAB — Attribution of employment income—continuing effect
(1) This section applies for the purposes of working out a person’s (the recipient’s) rate of payment of a social security pension or a social security benefit (the new payment) if: (a) the recipient…
Section 1073BB — Anti-avoidance
(1) This section applies if: (a) a person’s (the relevant person’s) rate of payment of a social security pension or a social security benefit is worked out with regard to the income test module of a…
Section 1073BC — Exclusion of certain payments
Sections 1073A, 1073B, 1073BA and 1073BB do not apply in relation to the following: (a) a payment in respect of which a person is taken to have received ordinary income for a period under point…
Section 1073C — Fortnightly or yearly expression of attributed employment income
If, in accordance with the operation of section 1073A, 1073B, 1073BA, 1073BB or 1073BD, a person is taken to receive a particular amount of employment income on each day in an instalment period: (a)…
Section 1073BD — Daily attribution of employment income for amounts not elsewhere covered in this Division
(1) This section applies for the purposes of working out a person’s (the recipient’s) rate of payment of a social security pension or a social security benefit if: (a) the recipient’s rate of payment…
Section 1073D — To whom do working credit accrual and depletion rules apply?
The rules in this Division apply to a person (a working credit participant): (a) who is receiving a social security pension or a social security benefit; and (b) whose rate of payment of the pension…
Section 1073E — Opening balance
Basic opening balance rule (1) Subject to this section, each working credit participant has, on becoming a working credit participant, a working credit opening balance of nil. Opening balance…
Section 1073F — Working out accruals and depletions of working credit for social security beneficiaries
This section determines, in respect of each working credit participant who is receiving a social security benefit, whether, for each day in an instalment period: (a) there is an accrual to the…
Section 1073G — Working out the effect of a working credit depletion on the fortnightly rate of ordinary income for a social security beneficiary
If, under section 1073F, the working credit balance of a working credit participant is depleted on a particular day, the participant’s rate of ordinary income on a fortnightly basis for that day is…
Section 1073H — Working out accruals and depletions of working credit for social security pensioners
This section determines, in respect of each working credit participant who is receiving a social security pension, whether, for each day in an instalment period: (a) there is an accrual to the…
Section 1073I — Working out the effect of a working credit depletion on the yearly rate of ordinary income for a social security pensioner
If, under section 1073H, the working credit balance of a working credit participant is depleted on a particular day, the participant’s rate of ordinary income on a yearly basis for that day is…
Section 1073J — Working credit balance prevents loss of qualification in certain cases
If: (a) a person receiving disability support pension, carer payment, youth allowance or jobseeker payment is a working credit participant; and (b) either: (i) the participant commences to be taken,…
Section 1074 — Ordinary income from a business—treatment of trading stock
(1) If: (a) a person carries on a business; and (b) the value of all the trading stock on hand at the end of a tax year is greater than the value of all the trading stock on hand at the beginning of…
Section 1075 — Permissible reductions of business income
(1) Subject to subsection (2), if a person carries on a business, the person’s ordinary income from the business is to be reduced by: (a) losses and outgoings that relate to the business and are…
Section 1076 — Deemed income from financial assets—persons other than members of couples
(1) This section applies to a person who is not a member of a couple. (2) A person who has financial assets is taken, for the purposes of this Act, to receive ordinary income on those assets in…
Section 1077 — Deemed income from financial assets—members of pensioner couples
(1) This section applies to the members of a pensioner couple. (2) If one or both of the members of a couple have financial assets, the members of the couple are taken, for the purposes of this Act,…
Section 1078 — Deemed income from financial assets—members of non-pensioner couples
(1) This section applies to a person who is a member of a couple, other than a pensioner couple. (2) A person who has financial assets is taken, for the purposes of this Act, to receive ordinary…
Section 1081 — Deeming threshold
(1) The deeming threshold for a person who is not a member of a couple is $30,000. (2) The deeming threshold for a pensioner couple is $50,000. (3) The deeming threshold for a member of a couple,…
Section 1082 — Below threshold rate, above threshold rate
(1) For the purposes of this Division, the below threshold rate is the rate determined, by legislative instrument, by the Minister to be the below threshold rate for the purposes of this Division.…
Section 1083 — Actual return on financial assets not treated as ordinary income
(1) Subject to subsection (2), any return on a financial asset that a person actually earns, derives or receives is taken, for the purposes of this Act, not to be ordinary income of the person. (2)…
Section 1084 — Certain money and financial investments not taken into account
(1) The Minister may determine that: (a) specified financial investments; or (b) a specified class of financial investments; are not to be regarded as financial assets for the purposes of section…
Section 1084A — Valuation and revaluation of certain financial investments
The total value of a person’s listed securities and managed investments (being listed securities and managed investments that fluctuate depending on the market) (the relevant investments) is…
Section 1097A — Scope of Subdivision
(1) This Subdivision applies to income streams that are not family law affected income streams. (2) However, this Subdivision does not apply to: (a) an asset-tested income stream (long term) that is…
Section 1098 — Income from asset-test exempt income stream
(1) For the purpose of working out the annual rate of ordinary income of a person from an asset-test exempt income stream to which this Subdivision applies, the person is taken to receive from that…
Section 1099 — Income—income stream not a defined benefit income stream or a military invalidity pension income stream
If the asset-test exempt income stream to which this Subdivision applies is not a defined benefit income stream or a military invalidity pension income stream, the amount that the person is taken to…
Section 1099A — Income—income stream is a defined benefit income stream
(1) Subject to subsection (2), if the asset-test exempt income stream to which this Subdivision applies is a defined benefit income stream, the amount that the person is taken to receive from the…
Section 1099AA — Income from market-linked asset-test exempt income stream
(1) If either of the following conditions is satisfied in relation to the asset-test exempt income stream to which this Subdivision applies: (a) the income stream is covered by subsection 9BA(1); (b)…
Section 1099AAA — Income—income stream is a military invalidity pension income stream
(1) If the asset-test exempt income stream to which this Subdivision applies is a military invalidity pension income stream, the amount that the person is taken to receive from the income stream each…
Section 1099DA — Scope of Subdivision
(1) This Subdivision applies to family law affected income streams. (2) However, this Subdivision does not apply to: (a) an asset-tested income stream (long term) that is an account-based pension…
Section 1099DAA — Income from certain low-payment asset-tested income streams
(1) If: (a) an income stream is an asset-tested income stream (long term) to which this Subdivision applies; and (b) the income stream is an allocated pension within the meaning of the Superannuation…
Section 1099DCA — Income from asset-tested income stream (lifetime)
(1) For the purpose of working out the annual rate of ordinary income of a person from an asset-tested income stream (lifetime) to which this Subdivision applies, the person is taken to receive from…
Section 1099B — Income from asset-tested income stream (long term)
(1) For the purpose of working out the annual rate of ordinary income of a person from an asset-tested income stream (long term) to which this Subdivision applies, the person is taken to receive from…
Section 1099DAB — Income—asset-tested income stream (lifetime)
If the income stream is an asset-tested income stream (lifetime), the amount that the person is taken to receive from the income stream each year is worked out as follows: where: annual payment means…
Section 1099DB — Income from asset-test exempt income streams
(1) For the purpose of working out the annual rate of ordinary income of a person from an asset-test exempt income stream to which this Subdivision applies, the person is taken to receive from that…
Section 1099C — Income—asset-tested income stream (long term) that is not a defined benefit income stream
If the asset-tested income stream (long term) to which this Subdivision applies is not a defined benefit income stream, the amount that the person is taken to receive from the income stream each year…
Section 1099DC — Income from asset-tested income stream (long term)
(1) For the purpose of working out the annual rate of ordinary income of a person from an asset-tested income stream (long term) to which this Subdivision applies, the person is taken to receive from…
Section 1099D — Income—asset-tested income stream (long term) that is a defined benefit income stream
(1) Subject to subsection (2), if the asset-tested income stream (long term) to which this Subdivision applies is a defined benefit income stream, the amount that the person is taken to receive from…
Section 1099DD — Decision-making principles
The Secretary may, by legislative instrument, formulate principles (decision-making principles) to be complied with by him or her in making decisions under: (a) paragraph 1099DB(1)(a); or (b)…
Section 1099E — Scope of Division
(1) This Division applies to a person if: (a) at any time from the beginning of 1 October 1997 until the end of 5 November 1997, the person became liable to pay an accommodation bond for entry to a…
Section 1099F — Exempt bond amount does not count as income
The person’s exempt bond amount (see section 1099H) does not count as income of the person for the purposes of this Act. Note: Income is otherwise defined in section 8.
Section 1099G — Person’s ordinary income reduced using financial asset rules
(1) For the purposes of this section, assume that the person’s exempt bond amount (see section 1099H) were a financial asset of the person. (2) The person’s ordinary income for a year is reduced by…
Section 1099H — Meaning of exempt bond amount
(1) The following is how to work out a person’s exempt bond amount. (2) If the person is covered by subsection 1099E(1) (but not subsection 1099E(2)), the person’s exempt bond amount is any amount of…
Section 1099J — Scope of Division
(1) This Division applies to an amount (the refunded amount) that is refunded as mentioned in paragraph 56-1(kc) or 56-3(ic) of the Aged Care Act 1997 (as in force before 1 July 2014) to a person…
Section 1099K — Refunded amount does not count as income
The refunded amount does not count as income of the person for the purposes of this Act. Note: Income is otherwise defined in section 8.
Section 1099L — Person’s ordinary income reduced using financial asset rules
(1) For the purposes of this section, assume that the refunded amount were a financial asset of the person. (2) The person’s ordinary income for a year is reduced by the amount of ordinary income…
Section 1099M — Application of Division
This Division applies in relation to a person who is a charge exempt resident at any time, whether before or after the commencement of the Division.
Section 1100 — How value of a payment received in a foreign currency is to be determined
(1) If: (a) the rate of a payment to be made to a person under this Act is being worked out for a calculation day; and (b) an amount received by the person in a foreign currency needs to be taken…
Section 1100A — Determining value of a payment originally denominated in a foreign currency but made in Australian currency
(1) This section applies if, for the purposes of working out for a calculation day the rate of a payment to be made to a person under this Act, it is necessary to take account of a payment (the…