Social Security Act 1991
Sections and provisions with full text and the judgments that cite each one.
Section 1181 — The section 1180 recoverable amount
(1) Subject to subsection (2), the recoverable amount under this section is equal to the smaller of the following amounts: (a) the sum of the periodic compensation payments; (b) the difference…
Section 1182 — Secretary may send preliminary notice to potential compensation payer or insurer
(1) If: (a) a person (the claimant) makes a claim against another person (the potential compensation payer) for compensation; and (b) the claimant claims a compensation affected payment in relation…
Section 1183 — Potential compensation payer or insurer must notify Secretary of liability
(1) If a person (the potential compensation payer): (a) is given a notice under subsection 1182(1) in relation to a person; and (b) whether before or after receiving the notice, the potential…
Section 1184 — Secretary may send recovery notice to compensation payer or insurer
(1) If: (a) a person (the compensation payer): (i) is liable to pay compensation to a person (a claimant); or (ii) where the compensation payer is an authority of a State or Territory, has determined…
Section 1184A — The section 1184 recoverable amount
(1) If a person receives compensation affected payments in relation to a day or days in a lump sum preclusion period, the recoverable amount under this section is equal to the smallest of the…
Section 1184B — Preliminary notice or recovery notice suspends liability to pay compensation
(1) If a compensation payer has been given a notice under section 1182 or 1184 in relation to the compensation payer’s liability, or possible liability, to pay compensation, the compensation payer is…
Section 1184C — Compensation payer’s or insurer’s payment to Commonwealth discharges liability to compensation claimant
(1) Payment to the Commonwealth of an amount that a compensation payer is liable to pay under section 1184 in relation to a person operates, to the extent of the payment, as a discharge of the…
Section 1184D — Offence to make compensation payment after receiving preliminary notice or recovery notice
(1) If a person (the potential compensation payer) has been given a notice under section 1182 or 1184 in relation to the payment of compensation to a person, the potential compensation payer must not…
Section 1184E — Liability of compensation payer or insurer to pay the Commonwealth if there is a contravention of section 1184D
(1) A compensation payer or insurer who contravenes section 1184D is, in addition to being liable under that section, liable to pay to the Commonwealth: (a) if the contravention relates to a notice…
Section 1184F — Debts resulting from notices under section 1178 or 1180
If the Secretary gives a person a notice under section 1178 or 1180 determining that the person is liable to pay to the Commonwealth the amount specified in the notice, the amount so specified is a…
Section 1184G — Debts resulting from notices under section 1184
If the Secretary gives a person a notice under section 1184 that the Secretary proposes to recover a specified amount from the person, the specified amount is a debt due by the person to the…
Section 1184H — Debts resulting from contravention of section 1184D
(1) An amount payable by a compensation payer under section 1184E is a debt due by the compensation payer to the Commonwealth. (2) An amount payable by an insurer under section 1184E is a debt due by…
Section 1184I — Compensation arrears debts
(1) If an adverse determination is made in relation to a person because of point 1064-E3, 1066A-F2A, 1067G-H25, 1067L-D24, 1068-G8A, 1068A-E13 or 1068B-D21, the amount that the person is liable to…
Section 1184J — Secretary may give recovery notice either to compensation payer or to insurer but not to both
(1) The Secretary is not to give a notice to an insurer under section 1184 about a matter if there is a notice to a compensation payer under section 1184 in force in relation to the same matter. (2)…
Section 1184K — Secretary may disregard some payments
(1) For the purposes of this Part, the Secretary may treat the whole or part of a compensation payment as: (a) not having been made; or (b) not liable to be made; if the Secretary thinks it is…
Section 1184L — Application to review compensation decision—disability support pension
(1) This section applies if a person claims a disability support pension and: (a) the Secretary decides under section 1167 that the pension is not to be granted or is not payable; or (b) the…
Section 1186 — General effect of Part
This Part adjusts the social security pension or benefit rate of a person who is receiving or whose partner is receiving, payments under a self-employment program.
Section 1187 — Reduction in rate of payments under this Act if recipient or partner also receiving payments under a self-employment program
(1) If: (a) an instalment of: (ia) age pension; or (i) disability support pension; or (iii) carer payment; or (iv) parenting payment; or (vi) special needs pension; is payable to a person during an…
Section 1188 — Rate reduction under this Part
(1) Subject to subsection (2), if a person’s rate of payment under this Act is to be reduced under this Part because of a payment under a self-employment program (a self-employment program payment),…
Section 1189 — Analysis of Part
This Part provides for: (a) the indexation, in line with CPI (Consumer Price Index) increases, of the amounts in column 2 of the CPI Indexation Table at the end of section 1191; and (aa) the…
Section 1190 — Indexed and adjusted amounts
The following table sets out: (a) each amount that is to be indexed or adjusted under this Part; and (b) the abbreviation used in this Part for referring to that amount; and (c) the provision or…
Section 1191 — CPI Indexation Table
(1) An amount referred to in the following CPI Indexation Table below is to be indexed under this Division on each indexation day for the amount, using the reference quarter and base quarter for the…
Section 1192 — Indexation of amounts
(1) If an amount is to be indexed under this Division on an indexation day, this Act has effect as if the indexed amount were substituted for that amount on that day. (2) This is how to work out the…
Section 1193 — Indexation factor
(1) Subject to subsections (2) and (3), the indexation factor for an amount that is to be indexed under this Division on an indexation day is: worked out to 3 decimal places. Note: For reference…
Section 1194 — Rounding off indexed amounts
(1) If a provisional indexed amount is a multiple of the rounding base, the provisional indexed amount becomes the indexed amount. Note 1: For provisional indexed amount see Step 3 in subsection…
Section 1195 — Certain indexed amounts to be increased in line with increases in Male Total Average Weekly Earnings
(1) For the purposes of this section: (a) a category A amount is the annual rate specified in point 1068A-B1; and (b) a category B amount is an amount specified as set out below: (i) point…
Section 1196 — Social security pension indexation using Pensioner and Beneficiary Living Cost Index
(1) This section applies to the amount (the starting amount) referred to in column 2 of item 1 of the table in subsection 1191(1), except to the extent that it covers the maximum basic rate for…
Section 1197 — Living cost indexation factor
(1) Subject to subsections (5) and (6), the living cost indexation factor on an indexation day is: worked out to 3 decimal places. Definitions (2) For the purposes of this section, the living cost…
Section 1198 — Rounding off amounts
(1) If a provisional living cost amount is a multiple of $2.60, the provisional living cost amount becomes the living cost amount. (2) Subject to subsection (3), if a provisional living cost amount…
Section 1198A — Adjustment of single pension rate MBR amounts
(1) This Act has effect as if, on 20 March (an indexation day) and 20 September (an indexation day) each year, the adjusted single pension amount were substituted for each single pension rate MBR…
Section 1198B — Adjustment of disability support pension (under 21) MBRs
This Act (and any other Act that refers to this Act) has effect as if, on 1 January each year, the amount worked out by applying the formula: to an amount identified in column 2 of an item in the…
Section 1198C — Adjustment of youth disability supplement
(1) This Act (and any other Act that refers to this Act) has effect as if, on 1 January each year, the amount worked out using the following formula was substituted for the amount of the rate of the…
Section 1203 — Adjustment of pension “single non-homeowner” AVL
This Act has effect as if, on 1 July each year, the amount worked out in accordance with the following formula were substituted for the pension “single” non-homeowner AVL: where: “partnered”…
Section 1204 — Adjustment of benefit AVLs
(1) This Act has effect as if, on 1 July each year, the amount worked out in accordance with the following formula were substituted for the benefit “single” non-homeowner AVL: where: benefit…
Section 1205 — Adjustment of special illness separated special resident AVL
This Act has effect as if, on 1 July each year, the amount worked out in accordance with the following formula were substituted for each special illness separated special resident AVL: where: pension…
Section 1206A — Adjustment of certain pharmaceutical allowance rates
(1) This Act has effect as if, on 1 January each year, there were substituted for: (a) the Pension PA “partnered” (item 2) rate; and (b) the Pension PA “partnered” (item 5) rate; the amount worked…
Section 1206B — Adjustment of certain telephone allowance rates
(1) This Act has effect as if, on 20 September each year, there were substituted for: (a) the TA “partnered” (item 4) rate; and (b) the TA “partnered” (item 6) rate; and (c) the TA “partnered” (item…
Section 1206H — Advance payment deduction
(1) Subject to subsection (2) and section 1206L, an advance payment deduction is to be made from the rate of a social security entitlement that is payable to a person if: (a) the person has received…
Section 1206J — Amount of advance payment deduction—basic calculation
Subject to sections 1206K, 1206L, 1206M and 1206N, the advance payment deduction for an advance payment of a social security entitlement is worked out by dividing the full amount of the advance…
Section 1206K — Person may request larger advance payment deduction
(1) Subject to subsection (2) and sections 1206L, 1206M and 1206N, a person’s advance payment deduction is increased to a larger amount if the person asks the Secretary in writing for the advance…
Section 1206L — Reduction of advance payment deduction in cases of severe financial hardship
Reduction (1) Subject to subsection (2) and sections 1206M and 1206N, if: (a) the person applies in writing to the Secretary for an advance payment deduction to be decreased, or to be stopped,…
Section 1206M — The final advance payment deduction
Final advance payment deduction not to exceed unpaid amount (1) If an advance payment deduction that would otherwise be deducted from a person’s rate exceeds the part of the advance payment that the…
Section 1206N — Provisional payment rate insufficient to cover advance payment deduction
(1) If the provisional payment rate referred to in the relevant Rate Calculator is less than the advance payment deduction would be apart from this subsection, the advance payment deduction is taken…
Section 1206P — Rounding of amounts
Amounts worked out under this Part must be rounded to the nearest cent (rounding 0.5 cents upwards).
Section 1206Q — Special employment advance deduction
(1) Subject to subsection (2) and section 1206T, a special employment advance deduction is to be made from the rate of a social security entitlement that is payable to a person if: (a) the person has…
Section 1206R — Amount of special employment advance deduction—basic calculation
Subject to sections 1206S, 1206T, 1206U and 1206V, a special employment advance deduction is such amount as the Secretary determines.
Section 1206S — Person may request larger special employment advance deduction
(1) Subject to subsection (2) and sections 1206T, 1206U and 1206V, a person’s special employment advance deduction is increased to a larger amount if the person asks the Secretary in writing for the…
Section 1206T — Reduction of special employment advance deduction in cases of severe financial hardship
(1) Subject to subsection (2) and sections 1206U and 1206V, if: (a) a person applies in writing to the Secretary for a special employment advance deduction to be decreased, or to be stopped, because…
Section 1206U — The final special employment advance deduction
(1) If a special employment advance deduction that would otherwise be deducted from a person’s rate exceeds the part of the special employment advance that the person has not yet repaid (by previous…
Section 1206V — Provisional payment rate insufficient to cover special employment advance deduction
(1) If the provisional payment rate referred to in the relevant Rate Calculator is less than the special employment advance deduction would be apart from this subsection, the special employment…