Social Security Act 1991
Sections and provisions with full text and the judgments that cite each one.
Section 1218B — Exception—waiting period in Australia before parenting payment is portable
(1) If: (a) immediately before the period of absence commenced, the person was receiving parenting payment; and (b) at a time not more than 6 weeks before the period of absence commenced, parenting…
Section 1218C — Extension of person’s portability period—general
(1) The Secretary may extend the person’s portability period for the payment if the Secretary is satisfied that the person is unable to return to Australia because of any of the following events: (a)…
Section 1218D — Extension of person’s portability period—life-saving medical treatment overseas
(1) The Secretary may extend the person’s portability period for the payment if the Secretary is satisfied that, under the Medical Treatment Overseas Program administered by the Minister who…
Section 1220 — No portability where claim based on short residence
(1) If: (a) a person is an Australian resident; and (b) the person ceases to be an Australian resident; and (c) the person again becomes an Australian resident; and (d) within the period of 2 years…
Section 1220A — Proportionality—age pension rate
(1) A person’s rate of age pension is to be calculated using the Pension Portability Rate Calculator at the end of section 1221 if: (a) the person has been continuously absent from Australia,…
Section 1220B — Proportionality—disability support pension rate for a severely disabled person
(1) The rate of disability support pension for a person for whom an unlimited maximum portability period for the pension has been determined under section 1218AAA or 1218AA is to be calculated using…
Section 1221 — Pension Portability Rate Calculator
This section sets out the Pension Portability Rate Calculator for the purposes of this Part.
Section 1222 — General effect of Chapter
(1) This Chapter provides the methods for recovery by the Commonwealth of: (a) debts owed to the Commonwealth under Part 5.2; and (b) debts owed to the Commonwealth under section 1135; and (ba) debts…
Section 1222A — Debts due to the Commonwealth
If an amount has been paid by way of social security payment, or by way of fares allowance under the Social Security (Fares Allowance) Rules 1998, the amount is a debt due to the Commonwealth if, and…
Section 1223 — Debts arising from lack of qualification, overpayment etc.
(1) Subject to this section, if: (a) a social security payment is made; and (b) a person who obtains the benefit of the payment was not entitled for any reason to obtain that benefit; the amount of…
Section 1223A — Debt resulting from commutation of asset-test exempt income stream contrary to subsection 9A(2), 9B(2) or 9BA(2)
(1) If: (a) a person is provided with an asset-test exempt income stream for a period beginning on the first day in respect of which an income stream payment was made to the person and ending on the…
Section 1223AA — Debts arising from prepayments and certain other payments
(1) If: (a) a person has received a prepayment of a social security payment for a period; and (b) the person fails to provide a statement under section 67 of the Administration Act in respect of the…
Section 1223ABA — Debts arising in respect of one-off payments to carers
(1) This section applies in relation to an individual (the recipient) who has been paid a payment (the relevant payment) of: (a) one-off payment to carers (carer payment related); or (b) one-off…
Section 1223ABAA — Debts arising in respect of one-off payments to older Australians
(1) This section applies in relation to an individual who has been paid a payment (the relevant payment) of: (a) 2006 one-off payment to older Australians under Division 2 of Part 2.2B; or (b) 2007…
Section 1223AB — Debts arising from ART stay orders
If: (a) a person applies for ART review of a decision; and (b) the ART makes an order under subsection 32(2) (ART may stay operation or implementation) of the ART Act; and (c) as a result of the…
Section 1223ABB — Debts in respect of child disability assistance
(1) If: (a) child disability assistance is paid to a person; and (b) the assistance is paid because the person was paid an instalment of carer allowance in respect of a period that included a…
Section 1223ABC — Debts in respect of carer supplement for 2009
(1) This section applies if: (a) carer supplement for 2009 is paid to a person; and (b) after it is paid, a determination under Part 3 of the Administration Act or under the Veterans’ Entitlements…
Section 1223ABD — Debts in respect of carer supplement for 2010 and later years
(1) This section applies if: (a) carer supplement for 2010 or a later year is paid to a person; and (b) a debt (the primary debt) due to the Commonwealth by the person arises (under this Act or the…
Section 1223ABE — Debts in respect of relocation scholarship payments
Person does not start to undertake a course (1) If a person: (a) has received a relocation scholarship payment because the person is proposing to undertake an approved scholarship course; and (b)…
Section 1223ABF — Debts in respect of student start-up loans
(1) If: (a) a person is paid a student start-up loan for a qualification period; and (b) the circumstances determined under subsection (2) apply to the person; then: (c) the amount of the loan is a…
Section 1223ABG — Debts in respect of one-off energy assistance payments
(1) If: (a) after a one-off energy assistance payment under Part 2.6 is paid to a person, an underlying determination in relation to the person, at least so far as it relates to 20 June 2017 or to a…
Section 1223ABH — Debts in respect of 2019 one-off energy assistance payments
(1) If: (a) after a one-off energy assistance payment under Part 2.6A is paid to a person, an underlying determination in relation to the person, at least so far as it relates to 2 April 2019 or to a…
Section 1223ABI — Debts in respect of first 2020 economic support payments
(1) If: (a) a first 2020 economic support payment under Division 1 of Part 2.6B is paid to a person; and (b) after the first 2020 economic support payment is paid to the person, an underlying…
Section 1223ABJ — Debts in respect of second 2020 economic support payments
(1) If: (a) a second 2020 economic support payment under Division 2 of Part 2.6B is paid to a person; and (b) after the second 2020 economic support payment is paid to the person, an underlying…
Section 1223ABK — Debts in respect of additional economic support payment 2020
(1) If: (a) an additional economic support payment 2020 under Division 1 of Part 2.6C is paid to a person; and (b) after the payment is paid to the person, an underlying determination in relation to…
Section 1223ABL — Debts in respect of additional economic support payment 2021
(1) If: (a) an additional economic support payment 2021 under Division 2 of Part 2.6C is paid to a person; and (b) after the payment is paid to the person, an underlying determination in relation to…
Section 1223ABM — Debts in respect of 2022 cost of living payment
(1) If: (a) a 2022 cost of living payment under Division 1 of Part 2.6D is paid to a person; and (b) after the 2022 cost of living payment is paid to the person, an underlying determination in…
Section 1224 — Debts relating to clean energy advances
(1) This section applies if: (a) an individual is paid a clean energy advance; and (b) after the advance is paid, one of the following events happens to a determination that directly or indirectly…
Section 1224A — Debts relating to essential medical equipment payments
(1) This section applies if: (a) an individual has been paid an essential medical equipment payment because of a determination made under Part 3 of the Administration Act; and (b) after the payment…
Section 1224AA — Person other than payee obtaining payment of a cheque
If: (a) an amount of a social security payment or an amount of fares allowance is paid by cheque; and (b) a person other than the payee obtains possession of the cheque from the payee; and (c) the…
Section 1224EA — Debts arising from special employment advances of special employment advance qualifying entitlements
If: (a) a person has received a special employment advance of a special employment advance qualifying entitlement (the first entitlement) or an instalment of such an advance; and (b) the first…
Section 1224AB — Joint and several liability for persons involved in contravention of Act
If: (a) a person is liable to pay a debt because the person contravened a provision of this Act as in force immediately before 20 March 2000, or a provision of the social security law; and (b)…
Section 1224B — Education entry payment debt
(1) If: (a) an education entry payment is made to a person; and (b) the person does not pay the enrolment fees for the course in relation to which the education entry payment was made in the calendar…
Section 1224C — Data-matching Program (Assistance and Tax) Acts debts
If: (a) an amount has been paid to a person by way of a social security payment; and (b) the amount is a debt due to the Commonwealth under subsection 11(6) of the Data-matching Program (Assistance…
Section 1224D — Mobility allowance advance debts
(1) If: (a) a person (the recipient) has received mobility allowance advance; and (b) the advance was paid because the recipient or another person: (i) made a false statement or a false…
Section 1224E — Debts arising from advance payments of social security entitlements
(1) If: (a) a person has received an advance payment of a social security entitlement (the first entitlement) or an instalment of such an advance payment; and (b) the first entitlement ceases to be…
Section 1227 — Assurance of support debt
(1) If a person is liable to pay an assurance of support debt, the debt is a debt due to the Commonwealth. (2) In this Chapter: assurance of support debt means: (a) a debt due and payable by a person…
Section 1227B — Debts arising under Part 8 of the Student Assistance Act 1973 as in force before 1 July 1998
If an amount that was a debt due to the Commonwealth under Part 8 of the Student Assistance Act 1973 (as in force immediately before 1 July 1998) remained still due immediately before that day, that…
Section 1228 — Overpayments arising under other Acts and schemes
(1) If: (a) an amount has been paid to a person by way of a payment or payments to which subsection (2) applies; and (b) the amount should not have been paid; and (c) the person to whom the amount…
Section 1228A — Comparable foreign payment debt recovery
(1) This section applies if: (a) an amount (the social security amount) was paid to a person by way of a social security payment in respect of a particular period; and (b) another amount (the lump…
Section 1228B — Additional 10% penalty for understatement etc. of income
(1) An amount by way of penalty is added to a debt due to the Commonwealth under this Chapter by a person in relation to a social security payment if: (a) at the time the payment was made, the…
Section 1229 — Notices in respect of debt
(1) If a debt by a person to the Commonwealth under the social security law has not been wholly paid, the Secretary must give the person a notice specifying: (a) the date on which it was issued (the…
Section 1229A — Interest charge—no repayment arrangement in effect
(1) If: (a) a notice is given to a person under subsection 1229(1) in relation to a debt; and (b) an amount (the unpaid amount) of the debt remains unpaid at the end of the day (the due day) on which…
Section 1229B — Interest charge—failure to comply with or termination of repayment arrangement
(1) If: (a) an arrangement is in effect under section 1234 in relation to a person and a debt; and (b) the person fails to make a payment under the arrangement; then the person is liable to pay, by…
Section 1229C — Other rules for interest charge
When interest charge is due and payable (1) The interest charge under section 1229A or 1229B for a day is due and payable to the Commonwealth at the end of that day. Interest charge is a debt (2) The…
Section 1229D — What is the interest charge rate?
(1) For the purposes of sections 1229A and 1229B, the interest charge rate for a day is the rate worked out by adding 7 percentage points to the base interest rate for that day, and dividing that…
Section 1229E — Exemption from interest charge—general
(1) A person is not liable to pay interest charge under section 1229A or 1229B if on the day before the start of the period in respect of which the person would otherwise have been liable to pay that…
Section 1229F — Exemption from interest charge—Secretary’s determination
(1) The Secretary may determine that interest charge is not payable, or is not payable in respect of a particular period, by a person on the outstanding amount of a debt. (2) The Secretary may make a…
Section 1229G — Guidelines on interest charge provisions
The Minister may, by legislative instrument, determine guidelines relating to the operation of the provisions of this Part dealing with interest charge.
Section 1230 — Debt from failure to comply with garnishee notice
(1) If: (a) a person (in this section called the garnishee debtor) is given a notice under section 1233 in respect of a debt due by another person (in this section called the original debtor) under…