Social Security Act 1991
Sections and provisions with full text and the judgments that cite each one.
Section 1106 — Disposal of ordinary income
(1) For the purposes of this Act, a person disposes of ordinary income of the person if: (a) the person engages in a course of conduct that directly or indirectly: (i) destroys the source of the…
Section 1107 — Amount of disposition
If a person disposes of ordinary income, the amount of the disposition is the amount that, in the Secretary’s opinion, is: (a) if the person receives no consideration for the destruction, disposal or…
Section 1108 — Disposal of ordinary income—individuals
If a person who is not a member of a couple has disposed of ordinary income of the person, the amount of that disposition is to be included in the person’s ordinary income for the purposes of this…
Section 1109 — Disposal of ordinary income—members of couples
(1) Subject to subsections (1A), (1B), (2), (3) and (4), if a person who is a member of a couple has disposed of ordinary income of the person: (a) 50% of the amount of the disposition is to be…
Section 1111 — Dispositions more than 5 years old to be disregarded
This Division does not apply to a disposition of ordinary income that took place: (a) more than 5 years before the time when: (i) the person who disposed of the ordinary income; or (ii) if the person…
Section 1112 — Simplified outline of this Part
This Part deals with the treatment of income earned from employment between 1 July 1991 and 6 December 2020. Division 2 validates things done or that occurred before the commencement of this Part…
Section 1113 — Definitions
In this Part: Division 2 work income means ordinary income for remunerative work of a person as an employee in an employer/employee relationship. Division 3 work income, in relation to a person,…
Section 1114 — General income apportionment method statement
For the purposes of this Part, the total amount and daily amount for an entitlement period, in relation to income of a person in relation to a payroll period, are worked out as follows: Method…
Section 1115 — YTA income apportionment method statement
For the purposes of this Part, the total amount for a YTA entitlement period, in relation to income of a person in relation to a payroll period, is worked out as follows: Method statement Step 1.…
Section 1116 — FHS income apportionment method statement
For the purposes of this Part, the total amount and daily amount for a FHS entitlement period, in relation to income of a person in relation to a payroll period, are worked out as follows: Method…
Section 1117 — Validation of income apportionment—social security benefits and social security pensions
Nothing is invalid merely because income apportionment was used (1) A thing done or occurring is taken not to be, and is taken never to have been, invalid or ineffective merely because, before the…
Section 1117A — Validation of income apportionment—youth training allowance
Nothing is invalid merely because income apportionment was used (1) A thing done or occurring is taken not to be, and is taken never to have been, invalid or ineffective merely because, before the…
Section 1117B — Validation of income apportionment—former farm household support
Nothing is invalid merely because income apportionment was used (1) A thing done or occurring is taken not to be, and is taken never to have been, invalid or ineffective merely because, before the…
Section 1117C — Preservation of accrued rights
(1) This Division does not extinguish any cause of action in respect of an accrued general law right. (2) Any legal proceeding or remedy in respect of a cause of action in respect of an accrued…
Section 1117D — Allocating Division 3 work income to entitlement periods—social security benefits and social security pensions
When this section applies (1) This section applies in relation to Division 3 work income of a person earned, derived or received: (a) if the person was in receipt of a specified pension and had…
Section 1117E — Allocating Division 3 work income to entitlement periods—youth training allowance
When this section applies (1) This section applies in relation to Division 3 work income of a person earned, derived or received before 1 July 1998. (2) After the validation time, the Division 3 work…
Section 1117F — Allocating Division 3 work income to entitlement periods—former farm household support
When this section applies (1) This section applies in relation to Division 3 work income of a person earned, derived or received before 1 July 2014. (2) After the validation time, the Division 3 work…
Section 1118 — Certain assets to be disregarded in calculating the value of a person’s assets
(1) In calculating the value of a person’s assets for the purposes of this Act (other than sections 198F to 198MA (inclusive), Division 1B of Part 3.10, Division 2 and sections 1133 and 1135A),…
Section 1118A — Value of superannuation investments determined by Minister to be disregarded
(1) The value of a person’s investment in a superannuation fund, an approved deposit fund or an ATO small superannuation account is to be disregarded in calculating the value of the person’s assets…
Section 1118AA — Value of assets reduced by amounts received from Mark Fitzpatrick Trust
(1) In this section: application day, in relation to a person who was a recipient of a social security payment immediately before 28 September 1995, means the day, on or after that date, on which the…
Section 1118AB — Value of person’s assets reduced: certain transactions to do with aged care accommodation bonds
(1) This section applies to a person if Division 1D of Part 3.10 applies to the person. (2) For the purposes of this Act (other than sections 1124A, 1125, 1125A and 1126), the total value of the…
Section 1118AC — Value of person’s assets reduced: refunds to charge exempt residents
(1) This section applies to a person if Division 1E of Part 3.10 applies to the person. (2) For the purposes of this Act (other than sections 1124A, 1125, 1125A and 1126), the total value of the…
Section 1119 — Value of asset-tested income streams that are not defined benefit income streams, asset-tested income streams (lifetime) or family law affected income streams
(1) This section applies to a person’s asset-tested income stream if it is not a defined benefit income stream, it is not an asset-tested income stream (lifetime) and it is not a family law affected…
Section 1120 — Value of asset-tested income streams that are defined benefit income streams
(1) This section applies to a person’s asset-tested income stream if it is a defined benefit income stream and it is not a family law affected income stream. Note: For family law affected income…
Section 1120A — Value of asset-tested FLA income streams
(1) This section applies to family law affected income streams. (2) The value of an income stream that is not a defined benefit income stream is, for the purposes of the assets test, determined by…
Section 1120AA — Value of asset-tested income streams (lifetime) that are managed investments
(1) This section applies to a person’s asset-tested income stream (lifetime), that does not arise under arrangements that are regulated by the Superannuation Industry (Supervision) Act 1993, in…
Section 1120AB — Value of asset-tested income streams (lifetime) that are not managed investments
(1) This section applies to a person’s asset-tested income stream (lifetime) in relation to a day that is on or after the person’s assessment day for the income stream. Note 1: For asset-tested…
Section 1120B — Value of partially asset-test exempt income streams
(1) This section applies to income streams covered by paragraph 1118(1)(da). (2) The value of such an income stream is, for the purposes of paragraph 1118(1)(da), worked out as follows: (a) if the…
Section 1120C — Value of superannuation reserves for superannuation funds of 4 members or less
(1) This section applies in calculating the value of a person’s investment in a superannuation fund if: (a) the fund has 4 or fewer members; and (b) the fund has reserves (within the meaning of…
Section 1121 — Effect of charge or encumbrance on value of assets
(1) If there is a charge or encumbrance over a particular asset of the person, the value of the asset, for the purposes of calculating the value of the person’s assets for the purposes of this Act…
Section 1121A — Effect of certain liabilities on value of assets used in primary production
(1) For the purposes of working out the value of a person’s assets under this Act, if: (a) the person is: (i) a primary producer; or (ii) a family member of a primary producer; and (b) the person has…
Section 1121B — Value of life policy
(1) This section applies in relation to a person and a day (the assessment day) if: (a) the person has reached pension age; and (b) the person is the owner (within the meaning of subsection 10(2) of…
Section 1122 — Loans
If a person lends an amount after 27 October 1986, the value of the assets of the person for the purposes of this Act includes so much of that amount as remains unpaid but does not include any amount…
Section 1123 — Disposal of assets
(1) For the purposes of this Act, a person disposes of assets of the person if: (a) the person engages in a course of conduct that directly or indirectly: (i) destroys all or some of the person’s…
Section 1124 — Amount of disposal or disposition
If a person disposes of assets, the amount of the disposal or disposition is: (a) if the person receives no consideration for the destruction, disposal or diminution—an amount equal to: (i) the value…
Section 1124A — Disposal of assets in pre-pension years—individuals
(1A) This section applies only to disposals of assets that took place before 1 July 2002. (1) If: (a) a person is not a member of a couple when the person claims a pension, benefit or payment of a…
Section 1125 — Disposal of assets in pension years—individuals
(1) If, on or after 1 March 1986 and before 1 July 2002: (a) a person who is not a member of a couple has, during a pension year of the person, disposed of an asset of the person; and (b) the amount…
Section 1125A — Disposal of assets in pre-pension years—members of couples
(1A) This section applies only to disposals of assets that took place before 1 July 2002. (1) Subject to subsections (3), (4) and (5), if: (a) a person has disposed of an asset; and (b) the person is…
Section 1126 — Disposal of assets in pension years—members of couples
(1) Subject to subsections (3) and (4), if, on or after 1 March 1986 and before 1 July 2002: (a) a person who is a member of a couple has disposed of an asset of the person: (i) during a pension year…
Section 1126A — Disposal of assets in pre-pension year—family members
(1A) This section applies only to disposals of assets that took place before 1 July 2002. (1) Subject to this section, if: (a) a person (the relevant person) has disposed of an asset; and (b) the…
Section 1126AA — Disposal of assets in income year—individuals
Disposals to which section applies (1) This section applies to a disposal (the relevant disposal) on or after 1 July 2002 of an asset by a person who is not a member of a couple at the time of the…
Section 1126AB — Disposals of assets in 5 year period—individuals
Disposal to which section applies (1) This section also applies to a disposal (the relevant disposal) on or after 1 July 2002 of an asset by a person who is not a member of a couple at the time of…
Section 1126B — Disposal of assets in pension year—family members
(1A) This section applies only to disposals of assets that took place before 1 July 2002. (1) Subject to this section, if: (a) a person (the relevant person) has disposed of an asset during a pension…
Section 1126AC — Disposal of assets in income year—members of couples
Disposals to which section applies (1) If there is a disposal (the relevant disposal) on or after 1 July 2002 of an asset by: (a) a person who, at the time of the relevant disposal, is a member of a…
Section 1126C — Disposal of assets in income year—family members
Disposals to which section applies (1) This section applies to a disposal (the relevant disposal) on or after 1 July 2002 of an asset by a person (the relevant person) who is a family member of…
Section 1126AD — Disposal of assets in 5 year period—members of couples
Disposals to which section applies (1) If there is a disposal (the relevant disposal) on or after 1 July 2002 of an asset by: (a) a person who, at the time of the relevant disposal, is a member of a…
Section 1126D — Disposals of assets in 5 year period—family members
Disposals to which section applies (1) This section applies to a disposal (the relevant disposal) on or after 1 July 2002 of an asset by a person (the relevant person) who is a family member of…
Section 1126E — Modification of this Division in respect of certain assets
(1) This section applies if: (a) in respect of a disposal (the relevant disposal) of an asset, an amount (the current amount) is being included under this Division (including because of this section)…
Section 1127 — Disposition more than 5 years old to be disregarded
This Division does not apply to a disposition of an asset that took place: (a) more than 5 years before the time when: (i) the person who disposed of the asset; or (ii) if that person was, at the…
Section 1127A — Division does not apply for purposes of care receiver assets test
This Division does not apply for the purposes of the assets test set out in Subdivision A of Division 1 of Part 2.5 (care receiver assets test).