Social Security Act 1991
Sections and provisions with full text and the judgments that cite each one.
Section 1129 — Access to financial hardship rules—pensions
(1) If: (a) either: (i) a social security pension is not payable to a person because of the application of an assets test; or (ii) a person’s social security pension rate is determined by the…
Section 1130 — Application of financial hardship rules—pensions
Value of unrealisable asset to be disregarded (1) If section 1129 applies to a person, the value of: (a) any unrealisable asset of the person; and (b) any unrealisable asset of the person’s partner;…
Section 1130A — 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).
Section 1130B — Access to financial hardship rules—pension PP (single)
(1) If: (a) a pension PP (single) is not payable to a person because of the application of an assets test; and (b) the person is not receiving and is not eligible to apply for acceptable alternative…
Section 1130C — Application of financial hardship rules—pension PP (single)
Value of unrealisable asset to be disregarded (1) If section 1130B applies to a person, the value of any unrealisable asset of the person is to be disregarded in working out whether a pension PP…
Section 1131 — Access to financial hardship rules—benefits
(1) If: (a) a social security benefit is not payable to a person because of the application of an assets test; and (b) the person is not receiving and is not eligible to apply for acceptable…
Section 1132 — Application of financial hardship rules—benefits
Value of unrealisable asset to be disregarded (1) If section 1131 applies to a person, the value of: (a) any unrealisable asset of the person; and (b) any unrealisable asset of the person’s partner;…
Section 1133 — Qualification for participation in home equity access scheme
Person not member of a couple (1) A person who is not a member of a couple is qualified to participate in the home equity access scheme if: (a) the person is receiving or is qualified for: (i) age…
Section 1133AA — Home equity access scheme definitions
(1) In this Division, unless the contrary intention appears: disposes of real assets has its ordinary meaning. home equity access scheme advance payment: see section 1134A. home equity access scheme…
Section 1134 — Effect of participation in home equity access scheme—pension rate
(1) This section applies if: (a) a person is qualified to participate in the home equity access scheme; and (b) the person makes a request to participate under section 1136; and (c) the Secretary is…
Section 1134A — Home equity access scheme advance payment
(1) This section applies if a pension is payable to a person at a rate worked out under this Division. (2) The person is qualified for an advance payment (a home equity access scheme advance payment)…
Section 1135 — Effect of participation in home equity access scheme—creation of debt
(1) If the rate of the pension payable by operation of the home equity access scheme is more than the rate that would have been received by the person but for the operation of the scheme, the person…
Section 1135A — Effect of participation in home equity access scheme—maximum loan available
(1) The maximum loan available to a person under the home equity access scheme is the amount worked out using the formula: where: age component amount means the amount that is specified in a…
Section 1136 — Need for a request to participate
(1) A person who wants to participate in the home equity access scheme must make a request to participate in accordance with this section. (1A) A request under subsection (1) must: (a) specify any…
Section 1137 — Need for a request to later nominate or change nominated amount or rate of pension
(1) A person who is participating in the home equity access scheme and who wants to: (a) nominate an amount to be the nominated amount for the purposes of this Division; or (b) nominate a rate of…
Section 1137A — Non-receipt of social security pension or social security payment
(1) This section applies for the purposes of a provision (the relevant provision) of this or another Act if: (a) the relevant provision provides a benefit (whether the benefit is a pension, benefit,…
Section 1137AA — Need for a request for a home equity access scheme advance payment
(1) A person who wants to receive a home equity access scheme advance payment must make a request for the payment in accordance with this section. (2) A request under subsection (1) must specify the…
Section 1138 — Existence of debt results in charge over real assets
Person not member of a couple (1) If a person who is not a member of a couple is participating in the home equity access scheme, the person’s real assets are subject to a charge in favour of the…
Section 1139 — Debt not to be recovered until after death
(1) The Commonwealth is not entitled to recover a debt under section 1135 from a person until after the person’s death. (2) In the following circumstances, the Commonwealth is not entitled to recover…
Section 1140 — Enforcement of charge
(1) If: (a) real assets of a person are subject to a charge under section 1138; and (b) any of those real assets cease to be real assets of the person; and (c) the person receives proceeds from the…
Section 1141 — Person ceases to participate in home equity access scheme if debt exceeds maximum loan available
If: (a) a person is participating in the home equity access scheme; and (b) the debt owed by the person under section 1135 exceeds the maximum loan available to the person under the scheme; the…
Section 1141A — Secretary may cease person’s participation in home equity access scheme
(1) If: (a) a person is participating in the home equity access scheme; and (b) the Secretary is satisfied that the person ceases to be qualified to participate in the scheme; the Secretary may…
Section 1141B — Person ceases to participate in home equity access scheme if person starts receiving service pension or income support supplement
If: (a) a person is qualified for, but is not receiving: (i) an age pension; or (ii) a disability support pension; or (iii) a carer payment; and (b) the person is participating in the home equity…
Section 1142 — Person withdraws from home equity access scheme
(1) If a person who is participating in the home equity access scheme makes a request to withdraw from the scheme, the scheme ceases to operate in relation to the person at the beginning of the first…
Section 1142A — Repayment or recovery of debt after home equity access scheme ceases to operate
(1) The debt owed by a person under section 1135, at the time the home equity access scheme ceases to operate in relation to the person by operation of section 1141, 1141A, 1141B or 1142, may be…
Section 1143 — Registration of charge
(1) If real assets are subject to a charge under section 1138, the Secretary may lodge a notice in writing of the charge with the appropriate officer of the State or Territory in which the real…
Section 1144 — Manner of enforcement of charge
If a charge against real assets is enforceable under this Division, the Secretary may enforce the charge against those real assets or against part of those real assets in any manner that the…
Section 1144A — Division does not apply for purposes of care receiver assets test
(1) 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). (2) This section is for the avoidance of doubt.
Section 1144AA — No negative equity guarantee
When adjusted value of assets is exceeded (1) If: (a) a person owes a debt to the Commonwealth under section 1135; and (b) neither subparagraph 1133(1)(d)(ii) nor subparagraph 1133(2)(d)(ii) applied…
Section 1145A — Application of Division to granny flat residents
This Division applies to a granny flat resident only if the resident acquired or retained the person’s granny flat interest in the person’s principal home on or after 22 August 1990.
Section 1146 — Basis for different treatment
This Division’s operation on a special resident depends on: (a) whether the resident is: (i) not a member of a couple; or (ii) a member of a couple; or (iii) a member of an illness separated couple;…
Section 1147 — Entry contribution
(1) A special resident’s entry contribution is: (a) if the resident is not a member of a couple—the resident’s individual residence contribution; or (b) if the resident is a member of a couple,…
Section 1148 — Extra allowable amount
Residence taken up before 13 June 1989 (1) If a retirement village resident became entitled to take up residence in the retirement village before 13 June 1989, the resident’s extra allowable amount…
Section 1149 — Renegotiation of retirement village agreement
If a person who has a right to live in a retirement village under an agreement enters into a new agreement under which the person obtains a right to live in the retirement village, then, for the…
Section 1150 — Residents who are not members of a couple
(1) This section applies to a special resident who is not a member of a couple. Entry contribution above extra allowable amount (2) If: (a) this section applies to a special resident; and (b) the…
Section 1151 — Members of couples
(1) This section applies to a special resident if: (a) the resident is a member of a couple; and (b) the resident shares the resident’s principal home with the resident’s partner. Entry contribution…
Section 1152 — Members of illness separated couples (both in special residences)
(1) This section applies to a special resident if: (a) the resident is a member of an illness separated couple; and (b) the principal home of the resident’s partner is also a special residence. Both…
Section 1153 — Members of illness separated couples (partner not in special residence and partner homeowner)
(1) This section applies to a special resident if: (a) the resident is a member of an illness separated couple; and (b) the principal home of the resident’s partner is not a special residence; and…
Section 1154 — Members of illness separated couples (partner not in special residence and partner not homeowner)
(1) This section applies to a special resident if: (a) the resident is a member of an illness separated couple; and (b) the principal home of the resident’s partner is not a special residence; and…
Section 1155 — Members of ordinary couple with different principal homes (both in special residences)
(1) This section applies to a special resident if: (a) the resident is a member of an ordinary couple with different principal homes; and (b) the principal home of the resident’s partner is also a…
Section 1156 — Members of ordinary couple with different principal homes (partner not in special residence and partner homeowner)
(1) This section applies to a special resident if: (a) the resident is a member of an ordinary couple with different principal homes; and (b) the principal home of the resident’s partner is not a…
Section 1157 — Members of ordinary couple with different principal homes (partner not in special residence and partner not homeowner)
(1) This section applies to a special resident if: (a) the resident is a member of an ordinary couple with different principal homes; and (b) the principal home of the resident’s partner is not a…
Section 1157A — Purpose of Part
(1) Division 2 of this Part describes the kind of benefits that can be assessable fringe benefits. Divisions 3 to 9 tell you how to work out the value of the assessable fringe benefits received by a…
Section 1157JA — Expense benefits
(1) A person (the employee) receives an expense benefit if an amount is paid to, or on behalf of, the employee or a person connected with the employee by: (a) an employer of the employee; or (b) an…
Section 1157TA — Value of grants of housing rights—employees of the Defence Force
(1) This is how to work out the value of a housing fringe benefit to which subsection 1157I(1) applies that is provided to an employee of the Defence Force: Method statement Step 1. Work out the type…
Section 1157UA — Value of expense fringe benefits
The value of an expense fringe benefit is the amount of the payment that constitutes the expense benefit.
Section 1157B — Benefits received in or outside Australia
This Part applies to a fringe benefit whether the benefit is received in or outside Australia.
Section 1157JB — Exempt expense benefit
An amount paid as mentioned in subsection 1157JA(1) is exempt if: (a) the amount is paid to reimburse expenses incurred in connection with the employee’s employment; or (b) the employee requires the…
Section 1157TB — Method of valuing housing fringe benefits—payments associated with loans
(1) Subject to subsection (2), the value of a housing fringe benefit to which subsection 1157I(2) applies is to be worked out in accordance with section 1157TC. (2) If: (a) a determination is in…
Section 1157UB — Value of financial investment fringe benefit
The value of a financial investment fringe benefit is the value of the financial investment benefit that constitutes the financial investment fringe benefit when the financial investment benefit is…