Social Security Act 1991

Sections and provisions with full text and the judgments that cite each one.

Section 93U — Disposal preclusion period—disposals before 1 July 2002

(1A) This section applies only to disposals of assets that took place before 1 July 2002. (1) For the purposes of this Part, if: (a) either: (i) a person has, during a designated year of the person,…

Section 93V — Compensation preclusion period

(1) For the purposes of this Part, if a person receives a lump sum compensation payment, the person is subject to a compensation preclusion period throughout the lump sum preclusion period. (2) For…

Section 93W — Carer preclusion period

(1) For the purposes of this Part, if a person receives: (a) a carer payment; or (b) a carer service pension; or (c) an income support supplement that is payable as a result of the operation of…

Section 94 — Qualification for disability support pension

(1) A person is qualified for disability support pension if: (a) the person has a physical, intellectual or psychiatric impairment; and (b) the person’s impairment is of 20 points or more under the…

Section 94A — Participation requirements

(1) The participation requirements are as follows: (a) the person must enter into a participation plan when the person is required by the Secretary under section 94B to do so; (b) if a participation…

Section 94B — Participation plans

(1) If a participation plan is not in force in relation to the person, the Secretary may require the person to enter into a participation plan under this section. (2) If a participation plan is in…

Section 94C — Illness or accident

(1) A person is covered by a participation exemption if the Secretary is satisfied that the person is temporarily unable to meet the participation requirements because of illness or an accident. (1A)…

Section 94D — Pre-natal and post-natal relief

(1) A pregnant woman is covered by a participation exemption for the period that starts 6 weeks before the woman’s expected date of confinement and ends on the day on which the woman gives birth to…

Section 94E — Supported employment

(1) A person is covered by a participation exemption for a period if: (a) the person is employed throughout the period; and (b) the work undertaken by the person in the course of that employment is…

Section 94F — Special circumstances

(1) A person is covered by a participation exemption for a period determined by the Secretary if: (a) the Secretary is satisfied that special circumstances, beyond the person’s control, exist; and…

Section 95 — Qualification for disability support pension—permanent blindness

(1) A person is qualified for a disability support pension if: (a) the person is permanently blind; and (b) the person has turned 16; and (c) the person: (i) is an Australian resident at the time…

Section 96 — Continuation of disability support pension

(1) This section applies to a person if: (a) the person is receiving disability support pension; and (b) the person would, apart from this section, cease to be qualified for disability support…

Section 96A — Application of revised Schedule 1B

(1) Subject to subclause (2), this Act, as amended by items 1, 2 and 4 of Schedule 16 of the amending Act, applies to claims lodged on or after the date of commencement of those items. (2) Despite…

Section 98 — Disability support pension not payable if pension rate nil

(1) Subject to subsection (2), a disability support pension is not payable to a person if the person’s disability support pension rate would be nil. (2) Subsection (1) does not apply to a person if…

Section 103 — Multiple entitlement exclusion

(1) A disability support pension is not payable to a person if the person is already receiving a service pension or a veteran payment. (2) If: (a) a person is receiving a disability support pension;…

Section 103A — Exclusion of certain participants in ABSTUDY Scheme

(1) If: (a) a payment is made in respect of a person under the ABSTUDY Scheme; and (b) the payment is made on the basis that the person is a full-time student; and (c) in the calculation of the…

Section 104 — Seasonal workers—preclusion period

(1) This section applies if: (a) a person has lodged a claim for disability support pension; and (b) the person qualifies, under section 94, for disability support pension; and (c) at any time during…

Section 105 — Application and saving provisions: debts due to the Commonwealth and their recovery

(1) For the avoidance of doubt, and without affecting the operation of section 8 of the Acts Interpretation Act 1901, Part 2 of Schedule 18 to the amending Act does not: (a) affect the operation of…

Section 105A — Parenting payment (changes introduced 20 March 1998)

Continuing effect of determinations etc. in force or effective before 20 March 1998 (1) If a determination, notice, statement or other instrument relating to sole parent pension or to parenting…

Section 115 — Persons under 21 receiving newstart allowance or sickness allowance on 17 June 1997

(1) If: (a) a person was, on 17 June 1997, under 21 years of age and a recipient of newstart allowance or sickness allowance; and (b) the person did not cease to be, and was immediately before 1 July…

Section 117 — How to work out a person’s disability support pension rate

A person’s disability support pension rate is worked out: (a) if the person is not permanently blind and paragraph (b) does not apply to the person—using Pension Rate Calculator A at the end of…

Section 118 — Approved program of work supplement

If a person: (a) is receiving a disability support pension; and (b) is participating in an approved program of work for income support payment; the rate of the person’s disability support pension is…

Section 119 — Approved program of work supplement not payable in certain circumstances

An approved program of work supplement is not payable to a person in respect of a fortnight if pensioner education supplement under Part 2.24A or under ABSTUDY is payable to the person in respect of…

Section 120 — Effect of participation in an approved program of work for income support payment

A person is not taken to be: (a) a worker carrying out work in any capacity for the Commonwealth, or an employee of the Commonwealth, for the purposes of the Work Health and Safety Act 2011; or (b)…

Section 126 — Application and transitional provisions relating to fares allowance

(1) Part 2.26 applies only in respect of claims for fares allowance made after the commencement of that Part for journeys made after that commencement. (2) The Social Security (Fares Allowance) Rules…

Section 128 — Saving provision—portability rules relating to rates of pension

(1) Despite the amendments of sections 1213A, 1215, 1216, 1220A, 1220B and 1221 of this Act made by the Social Security and Veterans’ Entitlements Legislation Amendment (Miscellaneous Matters) Act…

Section 128A — Saving of certain pensions payable under 1986 Agreement between Australia and Italy

(1) In this clause: 1986 Agreement means the agreement made between the Government of Australia and the Government of the Republic of Italy on 23 April 1986. (2) This subclause applies to a person…

Section 130 — Saving provision—other portability rules

Despite the amendments of this Act made by Part 1 of Schedule 1 to the Social Security and Veterans’ Entitlements Legislation Amendment (Miscellaneous Matters) Act 2000, other than: (a) the…

Section 131 — Certain payments not recoverable

An amount paid to a person under this Act is not recoverable from the person if: (a) the amount was not payable because the person, or the person’s partner, had received a comparable foreign payment;…

Section 132 — Saving—ABSTUDY recipients

(1) If, immediately before 1 January 2001, a person was receiving: (a) a relevant pension; and (b) a payment under a provision of the ABSTUDY Scheme made on the basis that the person was a full-time…

Section 133 — Meaning of Australian resident

For the purposes of determining whether a person was an Australian resident at a time, or throughout a period, occurring before the commencement of item 2 of Schedule 1 to the Family and Community…

Section 134 — Transitional and saving provisions—substitution of Part 3.14

(1) In this clause: 2001 amending Act means the Family and Community Services Legislation (Simplification and Other Measures) Act 2001. new Act means this Act, as amended by the 2001 amending Act.…

Section 135 — Unlimited maximum portability period for disability support pension

(1) The Secretary may determine that a person’s maximum portability period for disability support pension is an unlimited period if: (a) at the commencement of this clause, the person is absent from…

Section 136 — Transitional definition of deductible amount (commencing 1 July 2007)

(1) This clause applies if: (a) a person has received at least one payment from a defined benefit income stream before 1 July 2007, and is still receiving payments from the income stream; and (b) the…

Section 137 — Application—general

Subject to clauses 138 and 140, the amendments made by items 1 to 16 of Schedule 1 to the Social Security Legislation Amendment (Improved Support for Carers) Act 2009 apply to claims for a carer…

Section 138 — Application—subsections 198AA(1) and (3)

Subsections 198AA(1) and (3) of this Act as amended by the Social Security Legislation Amendment (Improved Support for Carers) Act 2009 apply to a person who: (a) is receiving a carer payment…

Section 139 — Application—subsection 955(2)

Subsection 955(2) of this Act as amended by the Social Security Legislation Amendment (Improved Support for Carers) Act 2009 applies to a person who: (a) is receiving carer allowance immediately…

Section 139A — Application—general

(1) Subject to clauses 139B and 141, the amendments made by items 1 to 68 and 76 to 77 of Schedule 1 to the Social Security Legislation Amendment (Improved Support for Carers) (Consequential and…

Section 139B — Application—sections 198AAA and 198AB

The amendments made by items 9 and 10 of Schedule 1 to the Social Security Legislation Amendment (Improved Support for Carers) (Consequential and Transitional) Act 2009 apply to a person who: (a) is…

Section 139C — Application—subsections 731J(2) and (6)

(1) Subsection 731J(2) of this Act as amended by Schedule 1 to the Social Security Legislation Amendment (Improved Support for Carers) (Consequential and Transitional) Act 2009 applies to a person…

Section 139D — Saving—principal beneficiary of a special disability trust

Despite the amendment made by item 79 of Schedule 1 to the Social Security Legislation Amendment (Improved Support for Carers) (Consequential and Transitional) Act 2009, this Act as in force…

Section 140 — Person whose carer payment was cancelled on or after 1 July 2008 and before 1 July 2010

Circumstances in which clause applies (1) This clause applies if: (a) a person (the carer) received or receives a carer payment on or after 1 July 2008 for caring for one or more persons aged under…

Section 141 — Saving—profoundly disabled child and disabled child

Profoundly disabled child and disabled child (1) Subject to this clause, if a person was receiving a carer payment immediately before 1 July 2009 because the person was qualified for that payment…

Section 142 — Person whose special benefit was cancelled on or after 1 July 2008 and before 1 July 2010

Circumstances in which clause applies (1) This clause applies if: (a) a person received or receives special benefit on or after 1 July 2008; and (b) while the person received or receives special…

Section 143 — Saving—profoundly disabled child and disabled child

Profoundly disabled child and disabled child (1) Subject to this clause, if, immediately before 1 July 2009, a person was taken, under section 731J of this Act, to satisfy the activity test because…

Section 144 — Saving and transitional provisions for section 93H

Saving provision (1) Section 93H, as in force before 20 September 2009, continues to apply to set a person’s annual pension rate for the purposes of Division 6 of Part 2.2A if the start day for the…

Section 145 — Saving provision for income test taper rate for disability support pensioners under 21 without dependent children

(1) Point 1066A-F9, as in force before 20 September 2009, continues to apply to working out a person’s rate of disability support pension under Pension Rate Calculator D in section 1066A if: (a) the…