Social Security (Administration) Act 1999

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

Section 1 — Definitions

(1) In this Act: 1991 Act means the Social Security Act 1991. activity supplement has the meaning given by the Farm Household Support Act 2014. Agriculture Department means the Department…

Section 2 — References to the Secretary and the Department—directions by Secretary

(1) Subject to subclause (3), if: (a) the Secretary delegates to the Chief Executive Centrelink or a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997) all or any…

Section 2A — Application of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

Section 3 — Start day—general rule

(1) If: (a) a person makes a claim for a social security payment; and (b) the person is qualified for the payment on the day on which the claim is made; the person’s start day in relation to the…

Section 4 — Start day—early claim

(1) If: (a) a person (other than a detained person) makes a claim for a relevant social security payment; and (b) the person is not, on the day on which the claim is made, qualified for the payment;…

Section 4A — Start day for jobseeker payment and youth allowance if claimant required to attend interview

When this clause applies and subclause 3(1) does not (1) This clause applies, and subclause 3(1) does not apply, in relation to a person’s: (a) claim for jobseeker payment; or (b) claim for youth…

Section 5 — Effect of exclusion period

(1) If, on the day that would, but for this clause, be a person’s start day under this Schedule in relation to a social security payment, the person is subject to one or more exclusion periods, the…

Section 5A — Start day for parenting payment if one member of a couple fails to comply with certain participation payment obligations

(1) If: (a) one member of a couple is receiving parenting payment; and (b) the other member of the couple is receiving a participation payment; and (c) any of the following apply: (i) the Secretary…

Section 6 — Effect of certain determinations

If the social security law provides that a determination takes effect on a day (the earlier day) before the day on which the determination is made, the social security law has effect as if the…

Section 6A — Secretary may arrange for use of computer programs to make decisions

(1) The Secretary may arrange for the use, under the Secretary’s control, of computer programs for any purposes for which the Secretary or any other officer may make decisions under the social…

Section 7 — Explanation of Part

In some circumstances, a person’s start day in relation to a social security payment may be earlier than the day worked out under Part 2 of this Schedule. This Part contains rules that enable the…

Section 8 — Principles of administration

In administering the social security law, the Secretary is to have regard to: (a) the desirability of achieving the following results: (i) the ready availability to members of the public of advice…

Section 9 — Claim by transferee

(1) If: (a) a person is a transferee to a benefit or pension; and (b) the person makes a claim for the benefit or pension within 14 days after the day that is the person’s transfer day in relation to…

Section 10 — Agreement on administrative arrangements

(2) The Secretary and the Employment Secretary may agree on administrative arrangements to further the objectives of Part 2.12 of the 1991 Act. (3) Administrative arrangements agreed on under…

Section 11 — Incapacitated claimant

(1) If: (a) a person becomes incapacitated for work as a result of a medical condition; and (b) the person makes a claim for a benefit or pension within 5 weeks after the day on which the incapacity…

Section 12 — Deemed claim in certain cases

(1) The Secretary may determine that, for the purposes of the social security law, a person is taken to have made a claim for an income support payment (the new payment) if the person became…

Section 12A — One-off payment to the aged

A claim is not required for one-off payment to the aged.

Section 12AA — One-off payments to carers

Section 12DA — Quarterly pension supplement

A claim is not required for quarterly pension supplement.

Section 12AB — Economic security strategy payment and training and learning bonus

A claim is not required for an economic security strategy payment or training and learning bonus.

Section 12B — Language, literacy and numeracy supplement

A claim is not required for language, literacy and numeracy supplement.

Section 12DB — Quarterly energy supplement

A claim is not required for quarterly energy supplement.

Section 12AC — One-off energy assistance payment

A claim is not required for a one-off energy assistance payment under Part 2.6 of the 1991 Act.

Section 12C — Utilities allowance

A claim is not required for utilities allowance.

Section 12AD — 2019 one-off energy assistance payment

A claim is not required for a one-off energy assistance payment under Part 2.6A of the 1991 Act.

Section 12D — Energy supplement

A claim is not required for energy supplement under Part 2.25B of the 1991 Act.

Section 12AE — 2020 economic support payment

A claim is not required for: (a) a first 2020 economic support payment under Division 1 of Part 2.6B of the 1991 Act; or (b) a second 2020 economic support payment under Division 2 of Part 2.6B of…

Section 12E — Child disability assistance

A claim is not required for child disability assistance.

Section 12AF — Additional economic support payments

A claim is not required for: (a) an additional economic support payment 2020 under Division 1 of Part 2.6C of the 1991 Act; or (b) an additional economic support payment 2021 under Division 2 of Part…

Section 12F — Carer allowance

A claim is not required for carer allowance if the person qualifies for the carer allowance under section 954B.

Section 12AG — Remote engagement program payment

A claim is not required for a remote engagement program payment.

Section 12G — Carer supplement

A claim is not required for carer supplement.

Section 12AH — 2022 cost of living payment

A claim is not required for a 2022 cost of living payment under Division 1 of Part 2.6D of the 1991 Act.

Section 12H — Relocation scholarship payment

A claim is not required for a relocation scholarship payment.

Section 12K — Clean energy advance

A claim is not required for a clean energy advance.

Section 12L — FHA supplement and relief payment

A claim is not required for FHA supplement or relief payment.

Section 13 — Deemed claim—person contacting Department about a claim for a social security payment

(1) For the purposes of the social security law, if: (a) the Department is contacted by or on behalf of a person in relation to a claim for a social security payment; and (aa) the person is, on the…

Section 14 — Deemed claim—person contacting Department about a claim for a concession card

(1) For the purposes of the social security law, if: (a) the Department is contacted by or on behalf of a person in relation to a claim for a concession card; and (aa) the person is, on the day on…

Section 14A — Determination for purposes of sections 13 and 14

The Minister may, by legislative instrument, determine a class of persons for the purposes of paragraphs 13(1)(aa), (2)(aa), (3)(aa) and (3A)(aa) and 14(1)(aa), (2)(aa), (3)(aa) and (3A)(aa).

Section 15 — Deemed claim—incorrect or inappropriate claims

(1) For the purposes of the social security law, if: (a) a person makes an incorrect claim; and (b) the person subsequently makes a claim for a social security payment for which the person is…

Section 15A — Deemed claim—certain claims for carer allowance

Claim for carer payment rejected (1) For the purposes of the social security law, if: (a) on or after 1 July 2009, a person (the carer) makes a claim for a carer payment for caring for a person…

Section 16 — How to make a claim

(1) A person makes a claim for a social security payment or a concession card: (a) by lodging a written claim for the payment or card; or (b) by making the claim in accordance with subsection (7).…

Section 17 — Special requirements regarding claims for pension bonus

(1) A claim for pension bonus must be: (a) attached to a proper claim made by the person for age pension and lodged together with that claim for age pension; or (b) made in accordance with an…

Section 18 — Additional provisions regarding claim for special employment advance

(1) A claim for special employment advance must specify the amount of special employment advance sought. (2) Subject to subsection (3), if a claim based on the effect of the unreceived income on the…

Section 19 — Double orphan pension—claim following death of former recipient

If: (a) a person (the former recipient) who is receiving double orphan pension for a young person dies; and (b) another person (the claimant) makes a claim for double orphan pension for the young…

Section 20 — Interpretation

An expression used in this Subdivision has the same meaning as it has in Part 2.2A of the 1991 Act.

Section 21 — General rule

(1) A claim for pension bonus must be made within the lodgment period fixed by this Subdivision. (2) However, the Secretary may in special circumstances allow a person a longer period to make a claim…

Section 22 — Last bonus period a full-year period

(1) If a person’s last bonus period is a full-year period, the lodgment period for a claim by the person for pension bonus is the period of 13 weeks immediately following that bonus period. However,…

Section 23 — Last bonus period a part-year period

(1) If a person’s last bonus period is a part-year period, the lodgment period for a claim by the person for pension bonus is: (a) the period of 13 weeks beginning at the end of that bonus period; or…