Social Security Act 1991
Sections and provisions with full text and the judgments that cite each one.
Section 146H — Lump sum payable in some circumstances
If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) the first available bereavement adjustment payday occurs before the end of…
Section 146J — Adjustment of person’s disability support pension rate
If: (a) a person is qualified for payments under this Subdivision; and (b) the person does not elect under subsection 146F(2) not to receive payments under this Subdivision; the rate of the person’s…
Section 146K — Effect of death of person entitled to payments under this Subdivision
If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) the person dies within the bereavement period; and (c) the Secretary does…
Section 146L — Matters affecting payment of benefits under this Subdivision
(1) If: (a) a person is qualified for payments under this Subdivision in relation to the death of the person’s partner; and (b) after the person’s partner died, an amount to which the partner would…
Section 146Q — Death of recipient
(1) If: (a) a person is receiving disability support pension; and (b) either: (i) the person is not a member of a couple; or (ii) the person is a member of a couple and the person’s partner: (A) is…
Section 147 — Amounts for subparagraph 146(4)(a)(i)
Single Australian resident in Australia (1) For the purposes of subparagraph 146(4)(a)(i), work out the amount as follows, if, on the relevant day: (a) the person’s family situation is any of the…
Section 148 — Rate of social security payments to partners of persons affected by clause 146
(1) This clause applies if clause 146 applies to a person who is a member of a couple and that clause affects the rate at which a social security pension is payable to the person. (2) In working out…
Section 149 — Payment and income tax consequences of receiving social security pension at rate affected by clause 146
Application (1) This clause applies if clause 146 affects the rate at which a social security pension is payable to a person. Purpose (2) The purpose of this clause is to ensure that the person is…
Section 150 — Persons exempt from requirement to be Australian residents to qualify for disability support pension
Paragraphs 94(1)(ea), 94A(1)(ja) and 95(1)(d) do not affect the qualification for disability support pension of: (a) a person to whom the provisions mentioned in subclause 128(1) continue to apply as…
Section 197 — Definitions
(1) In this Part, unless the contrary intention appears: Adult Disability Assessment Tool has the meaning given by subsection 38C(3). care includes attention and supervision. care child means: (a) a…
Section 197A — Overview—circumstances in which person is qualified for carer payment
(1) The following sections set out the circumstances in which a person is qualified for a carer payment: (a) section 197B (child with a severe disability or severe medical condition); (b) section…
Section 197B — Qualification—child with a severe disability or severe medical condition
Child with a severe disability or severe medical condition (1) A person is qualified for a carer payment if: (a) the person personally provides constant care for a person (the care receiver) aged…
Section 197C — Qualification—2 or more children each with a disability or medical condition
Children each with a disability or medical condition (1) A person is qualified for a carer payment if: (a) the person personally provides constant care for 2 or more persons (the care receivers) aged…
Section 197D — Qualification—disabled adult and one or more children each with a disability or medical condition
Disabled adult and one or more children each with a disability or medical condition (1) A person is qualified for a carer payment if: (a) the person personally provides constant care for both or all…
Section 197E — Qualification—child who has a terminal condition
(1) A person is qualified for a carer payment if: (a) the person personally provides constant care for a person (the care receiver) aged under 16; and (b) a medical practitioner certifies in relation…
Section 197F — Qualification—exchanged care of children
Purpose of section (1) The purpose of this section is to allow a person to qualify under section 197B, 197C, 197D, 197E, 197G or 197H, or a combination of them, for a carer payment for caring for…
Section 197G — Qualification—short term or episodic care of children
Secretary’s determination (1) The Secretary may determine that a person is qualified for a carer payment for a period if: (a) the person is personally providing constant care for one or more persons…
Section 197H — Qualification—extension of short term or episodic care
Extension of qualification under section 197G (1) This section applies if: (a) a person is qualified for a carer payment for caring for one or more persons (the care receiver or care receivers) aged…
Section 197J — Qualification following qualification for short term or episodic care
Purpose of section (1) The purpose of this section is to treat a person as qualified for a carer payment under section 197B, 197C or 197D, or because of 197F, for caring for: (a) one or more persons…
Section 197K — Remaining qualified after child turns 16
(1) This section applies if: (a) a person is qualified for a carer payment for caring for a care receiver aged under 16 under one of the following provisions: (i) section 197B, 197C or 197D (whether…
Section 198 — Qualification—disabled adult or disabled adult and dependent child
(1) A person is qualified for a carer payment if the requirements of this section are met. Note: Sections 198AA, 198AB and 198AC allow the person to qualify in certain short-term circumstances where…
Section 198A — Income test
Passing the income test (1) A care receiver or care receivers pass the income test if the taxable income of the care receiver, or the sum of the taxable incomes of the care receivers, worked out…
Section 198AA — Qualification for carer payment—hospitalisation
Participating in care of person in hospital (not qualified under section 197G or 197H) (1) A person (the carer) is qualified for a carer payment if: (a) the carer is participating in the care, in…
Section 198AAA — Continuation of qualification when person receiving care admitted to institution
(1) This section applies if: (a) carer payment is payable: (i) to a person who has ordinarily been providing constant care for a care receiver or care receivers; or (ii) because of section 197F, to a…
Section 198HA — Disposal of assets in pre-pension years—profoundly disabled child or disabled children
(1) This section applies in determining whether a person (the carer) qualifies for a carer payment when claiming it for caring for a care receiver who is a profoundly disabled child or care receivers…
Section 198JA — Disposal of assets before 1 July 2002—profoundly disabled children or disabled children
(1) This section applies in determining whether a person (the carer) who has been receiving a carer payment for caring for a care receiver who is a profoundly disabled child or care receivers each of…
Section 198LA — Disposal of assets in income year—members of couples including higher ADAT score adults
Application (1) This section has effect in determining whether a person (the carer) who has been receiving a carer payment for caring for a care receiver who is a higher ADAT score adult and is a…
Section 198MA — Other disposals to be disregarded for care receiver assets test
This Division does not apply to a disposal by a person (the disposer) of an asset of a child: (a) more than 5 years before the carer became qualified for a carer payment because the carer was…
Section 198AB — Care not required to be in private residence during portability period
(1) This section applies if a person: (a) is qualified for a carer payment; and (b) is absent from Australia for a period: (i) throughout which Division 2 of Part 4.2 applies to the person; and (ii)…
Section 198B — Taxable income
Rules that apply for the purposes of this Subdivision (1) For the purposes of this Subdivision, the rules set out in subsections (1A), (1B), (1BA), (1C) and (6) apply. Taxable income of higher ADAT…
Section 198HB — Disposal of assets in pre-pension years—lower ADAT score adult and dependent child
Application (1) This section applies in determining whether a person (the carer) qualifies for a carer payment when claiming it for caring for care receivers who are a lower ADAT score adult and a…
Section 198JB — Disposal of assets before 1 July 2002—lower ADAT score adult and dependent child
Application (1) This section applies in determining whether a person (the carer) who has been receiving a carer payment for caring for care receivers who are a lower ADAT score adult and a dependent…
Section 198LB — Disposal of assets in 5 year period—members of couples including higher ADAT score adults
Application (1) This section also has effect in determining whether a person (the carer) who has been receiving a carer payment for caring for a care receiver who is a higher ADAT score adult and is…
Section 198AC — Effect of cessation of care etc. on carer payment
Continuation of payment where temporary cessation of care (1) Subject to subsection (3), if: (a) a person is qualified (except under section 197G or 197H) for a carer payment: (i) because the person…
Section 198C — Appropriate tax year
Appropriate tax year in ordinary cases (1) Subject to this section, the appropriate tax year for a day is the base tax year for that day. Note: For base tax year see subsection (6). (2) If: (a) carer…
Section 198JC — Disposal of assets in income year—individual higher ADAT score adults
Application (1) This section has effect in determining whether a person (the carer) who has been receiving a carer payment for caring for a care receiver who: (a) is a higher ADAT score adult; and…
Section 198AD — Qualification—wife pension and carer allowance recipient
A woman is qualified for a carer payment if: (a) immediately before 20 March 2020, the woman was receiving a wife pension under Part 2.4; and (b) immediately before 20 March 2020, the woman was…
Section 198D — Assets test
Higher ADAT score adult passing the assets test (1) A care receiver who is a higher ADAT score adult passes the assets test if the total value of the following assets is less than $376,750: (a) the…
Section 198JD — Disposal of assets in 5 year period—individual higher ADAT score adults
Application (1) This section also has effect in determining whether a person (the carer) who has been receiving a carer payment for caring for a care receiver who: (a) is a higher ADAT score adult;…
Section 198E — Working out the value of assets
For the purposes of subsection 198D(1), (1A), (1C) or (1E), the value of assets is to be worked out in accordance with: (a) Part 3.12, except Divisions 2, 3 and 4 of that Part; and (b) sections 198F…
Section 198JE — Disposal of assets in income year—sole care children
Application (1) This section has effect in determining whether a person who has been receiving a carer payment for caring for a care receiver who is a sole care child continues to qualify for the…
Section 198F — Disposal of assets—care receiver assets test
(1) For the purposes of this Division, 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…
Section 198JF — Disposal of assets in 5 year period—sole care child
Application (1) This section also has effect in determining whether a person who has been receiving a carer payment for caring for a care receiver who is a sole care child continues to qualify for…
Section 198G — Amount of disposition—care receiver assets test
If a person disposes of assets, the amount of the disposition is: (a) if the person receives no consideration for the destruction, disposal or diminution—an amount equal to: (i) the value of the…
Section 198JG — Disposal of assets in income year—lower ADAT score adult and child or children
Application (1) This section has effect in determining whether a person (the carer) who has been receiving a carer payment for caring for care receivers who are a lower ADAT score adult and one or…
Section 198H — Disposal of assets in pre-pension years—individual higher ADAT score adults
(1) This section applies in determining whether a person (the carer) qualifies for a carer payment when claiming it for caring for a care receiver who: (a) is a higher ADAT score adult; and (b) is…
Section 198JH — Disposal of assets in 5 year period—lower ADAT score adult and child or children
Application (1) This section also has effect in determining whether a person (the carer) who has been receiving a carer payment for caring for care receivers who are a lower ADAT score adult and one…
Section 198J — Disposal of assets before 1 July 2002—individual higher ADAT score adults
(1) This section applies in determining whether a person (the carer) who has been receiving a carer payment for caring for a care receiver who: (a) is a higher ADAT score adult; and (b) is not a…
Section 198K — Disposal of assets in pre-pension years—members of couples including higher ADAT score adults
(1) This section applies in determining whether a person (the carer) qualifies for carer payment when claiming it for caring for a higher ADAT score adult who is a member of a couple when the claim…
Section 198L — Disposal of assets before 1 July 2002—members of couples including higher ADAT score adults
(1) This section applies in determining whether a person (the carer) who has been receiving a carer payment for caring for a higher ADAT score adult who is a member of a couple continues to qualify…