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Social Security (Administration) Act 1999

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

Section 123XN — Deductions from category Q welfare payments—lump sums

Scope (1) This section applies if: (a) a person is subject to the income management regime under subsection 123UF(1) or (3); and (b) a category Q welfare payment is payable to the person otherwise…

Section 123YN — Restricted direct payment—Part 3B payment nominee

Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) the first person’s income management account has a credit balance; and (c) the…

Section 123ZN — Appropriation

(1) The Consolidated Revenue Fund is appropriated to the extent necessary for the purposes of: (aa) making payments under subsection 123UP(2); and (a) making payments under subsection 123WJ(4), (7)…

Section 123O — Duty of nominee to principal

(1) It is the duty of a person who is the payment or correspondence nominee of another person at all times to act in the best interests of the principal. (2) A nominee does not commit a breach of the…

Section 123SO — Recipient’s use of funds from category D welfare payments

A person who receives a category D welfare payment and is subject to the enhanced income management regime under section 123SD or 123SDA: (a) may use the balance of the qualified portion of the…

Section 123UO — Termination of voluntary income management agreement

Termination by request (1) A person may, by written notice given to the Secretary, request the Secretary to terminate a voluntary income management agreement in relation to the person if: (a) the…

Section 123XO — Deductions from category S welfare payments—instalments

Scope (1) This section applies if: (a) a person is subject to the income management regime under subsection 123UF(2); and (b) an instalment of a category S welfare payment is payable to the person.…

Section 123YO — Unrestricted direct payment—general

Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) the first person’s income management account has a credit balance; and (c) the…

Section 123ZO — This Part has effect despite other provisions etc.

This Part has effect despite anything in: (a) any other provision of this Act; or (b) the 1991 Act; or (c) the Family Assistance Act; or (d) the Family Assistance Administration Act; or (e) the…

Section 123P — Saving of Secretary’s powers of revocation

Nothing in this Part is to be taken to be an expression of a contrary intention for the purposes of subsection 33(3) of the Acts Interpretation Act 1901.

Section 123SP — Category B welfare payment to be split into qualified and unqualified portions

Payments by instalments (1) If an instalment of a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SE: (a) the percentage of…

Section 123UP — Payment of credit balances of income management account to BasicsCard bank account

(1) This section applies if a person becomes subject to the enhanced income management regime (within the meaning of Part 3AA) on a day (the trigger day). Note: A person who is subject to the income…

Section 123XP — Deductions from category S welfare payments—lump sums

Scope (1) This section applies if: (a) a person is subject to the income management regime under subsection 123UF(2); and (b) a category S welfare payment is payable to the person otherwise than by…

Section 123YP — Unrestricted direct payment—Part 3B payment nominee

Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) the first person’s income management account has a credit balance; and (c) the…

Section 123Q — Saving of Secretary’s powers to give notices to principal

Nothing in this Part is intended in any way to limit or affect the Secretary’s powers under other provisions of the social security law to give notices to, or make requirements of, a person who has a…

Section 123SQ — Payment of balance of qualified portion of category B welfare payment

If a category B welfare payment is payable to a person who is subject to the enhanced income management regime under section 123SE, the Secretary must pay the balance of the qualified portion of the…

Section 123XQ — Deducted amount taken to have been paid

Scope (1) This section applies if an amount is deducted under this Division from an instalment or payment that is payable to a person. Deducted amount taken to have been paid (2) The deducted amount…

Section 123YQ — Miscellaneous action

Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) the first person’s income management account has a credit balance. Miscellaneous…

Section 123R — Notification of nominee where notice given to principal

If, under a provision of the social security law (other than a provision of this Part), the Secretary gives a notice to a person who has a correspondence nominee, the Secretary may inform the…

Section 123SR — Recipient’s use of funds from category B welfare payments

A person who receives a category B welfare payment: (a) may use the balance of the qualified portion of the payment, as paid under section 123SQ, to obtain goods or services, other than: (i) excluded…

Section 123YR — Credit of income management account in error

(1) If the Secretary is satisfied that an amount (the excess amount) has been credited to a person’s income management account in error, the Secretary may determine, in writing, that: (a) the…

Section 123S — Right of nominee to attend with principal

(1) If: (a) under a provision of the social security law (other than a provision of this Part), the Secretary gives a notice to a person who has a correspondence nominee; and (b) the notice requires…

Section 123SS — Disclosure of information to the Secretary—financial institution

(1) Despite any law (whether written or unwritten) in force in a State or Territory, an officer or employee of a financial institution may give the Secretary information about a person if: (a) the…

Section 123ST — Disclosure of information—Queensland Commission

(1) Despite any law (whether written or unwritten) in force in Queensland, the Queensland Commission may give the Secretary information about a person if: (a) either: (i) the person is subject to the…

Section 123SU — BasicsCard bank accounts

(1) For the purposes of this Part, the Secretary may, by legislative instrument, determine a kind of bank account to be maintained by a person who is subject to the enhanced income management regime…

Section 123SV — Exceptions to Part IV of the Competition and Consumer Act 2010

(1) For the purposes of subsection 51(1) of the Competition and Consumer Act 2010, the declining of a transaction by a financial institution is specified and specifically authorised if the…

Section 123SW — This Part has effect despite other provisions etc.

This Part has effect despite anything in: (a) any other provision of this Act; or (b) the 1991 Act; or (c) the Family Assistance Act; or (d) the Family Assistance Administration Act.

Section 124 — Scope

(1) This Part applies to a person (a schooling requirement person) in relation to another person (a child) at a particular time if: (a) either of the following applies at that time in relation to a…

Section 124A — Enrolment and attendance at school

(1) In this Part: attendance, at a school, includes attendance at a place, for the purpose of schooling, that is acceptable under a law of a State or Territory as an alternative to a requirement…

Section 124NA — When this Division applies

This Division applies if: (a) a schooling requirement person’s child is enrolled at a school in a State or Territory; and (b) a person responsible for the operation of the school gives the Secretary…

Section 124PA — Relationship between Divisions of this Part

No Division of this Part limits any other Division of this Part.

Section 124B — Schooling requirement child

Schooling requirement child (1) For the purposes of this Act, a person (the first person) is a schooling requirement child of another person at a particular time if: (a) at that time, the first…

Section 124NB — Conference notices

The Secretary (the notifier), or a person responsible for the operation of the school (the notifier), may give a notice to the schooling requirement person specifying the following: (a) the person is…

Section 124C — Schooling requirement determination

For the purposes of this Part, the Minister may, by legislative instrument, make a determination (the schooling requirement determination) relating to school enrolment and attendance.

Section 124NC — School attendance plans

(1) If a school attendance plan is not in force in relation to the schooling requirement person, the Secretary (the notifier), or a person responsible for the operation of the school (the notifier),…

Section 124D — Schooling requirement payments

In this Act: schooling requirement payment means: (a) a social security benefit; or (b) a social security pension; or (c) one of the following payments under the Veterans’ Entitlements Act: (ii)…

Section 124ND — Compliance notices

(1) The Secretary (the notifier), or a person responsible for the operation of the school (the notifier), may give a notice (a compliance notice) to the schooling requirement person requiring the…

Section 124E — Application to payments under the Veterans’ Entitlements Act

(1) For the purposes of this Part, the provisions of this Act covered by subsection (2) apply (to the extent mentioned in that subsection) in relation to schooling requirement payments that are made…

Section 124NE — School attendance—condition of schooling requirement payments

(1) A schooling requirement payment is not payable to a schooling requirement person if the person fails to comply with a compliance notice given to the person under section 124ND. (2) Subsection (1)…

Section 124F — School enrolment—enrolment notices

Enrolment notices generally (1) The Secretary may give a notice (an enrolment notice) to a schooling requirement person about the person’s child, requiring the person to give the Secretary evidence…

Section 124NF — School attendance—suspension or cancellation for non-compliance with compliance notice

Scope (1) This section applies if, as at a particular day: (a) a schooling requirement person has been given a compliance notice; and (b) a schooling requirement payment is not payable to the person…

Section 124G — School enrolment—condition of schooling requirement payments

(1) A schooling requirement payment is not payable to a schooling requirement person if the person fails to comply with an enrolment notice given to the person under section 124F. (2) Subsection (1)…

Section 124NG — School attendance—when payments become payable after suspension

Scope (1) This section applies if, on a particular day (the reconsideration day): (a) a person’s schooling requirement payment has been, and remains, suspended under section 124NF, where the…

Section 124H — School enrolment—suspension or cancellation for non-compliance with enrolment notice

Scope (1) This section applies if, as at a particular day: (a) a schooling requirement person has been given an enrolment notice; and (b) a schooling requirement payment is not payable to the person…

Section 124J — School enrolment—when payments become payable after suspension

Scope (1) This section applies if, on a particular day (the reconsideration day): (a) a person’s schooling requirement payment has been, and remains, suspended under section 124H; and (b) the…

Section 124K — School attendance—attendance notices

Scope (1) This section applies if: (a) a schooling requirement person’s child is enrolled at a school in a State or Territory; and (b) a person responsible for the operation of the school gives the…

Section 124L — School attendance—condition of schooling requirement payments

(1) A schooling requirement payment is not payable to a schooling requirement person if the person fails to comply with an attendance notice given to the person under section 124K. (2) Subsection (1)…

Section 124M — School attendance—suspension or cancellation for non-compliance with attendance notice

Scope (1) This section applies if, as at a particular day: (a) a schooling requirement person has been given an attendance notice; and (b) a schooling requirement payment is not payable to the person…

Section 124N — School attendance—when payments become payable after suspension

Scope (1) This section applies if, on a particular day (the reconsideration day): (a) a person’s schooling requirement payment has been, and remains, suspended under section 124M; and (b) a person…

Section 124P — Schooling requirements—information about schooling

(1) Despite any law (whether written or unwritten) in force in a State or Territory: (a) a State or Territory; or (b) a non-government school authority; or (c) any other person who is responsible for…