Social Security (Administration) Act 1999
Sections and provisions with full text and the judgments that cite each one.
Section 24 — Claim by exempt partnered person
(1) If a person is an exempt partnered person at the end of the person’s last bonus period, the lodgment period applicable to the person’s claim for pension bonus is the period: (a) beginning at the…
Section 25 — Claim where membership has become non-accruing
If a person’s membership of the pension bonus scheme becomes non-accruing immediately after the end of the person’s last bonus period, the lodgment period applicable to the person’s claim for pension…
Section 26 — Claim where person has post-75 work period
(1) If a post-75 member of the pension bonus scheme has a post-75 work period, the lodgment period for a claim by the person for pension bonus is the period of 13 weeks beginning at the end of the…
Section 26A — General rule
A person’s claim for pension bonus bereavement payment must be made within the period of 26 weeks beginning on the day of death of the partner in respect of whom the person is qualified for pension…
Section 26B — Extension
The Secretary may in special circumstances allow a person a longer period to make a claim than the period under section 26A. If the Secretary does so, the person’s claim must be made before the end…
Section 26C — Time limit for claim
(1) A person’s claim for a student start-up loan for a qualification period must be made before the end of the qualification period. (2) Despite subsection (1), a person’s claim for a student…
Section 27 — Time limit for claim
(1) Subject to this section, a claim for fares allowance must be lodged in the study year to which the claim relates or before 1 April next following the end of that year (the final date). (2) A…
Section 27A — Time limit for claim
(1) A claim for an AGDRP relating to a major disaster must be lodged within 6 months after the determination of the disaster under section 36 of the 1991 Act. (2) However, the claim may be lodged…
Section 27AA — Time limit for claims for Disaster Recovery Allowance
(1) A claim for a Disaster Recovery Allowance relating to a Part 2.23B major disaster must be lodged within 6 months after the determination of the disaster under section 36A of the 1991 Act. (2)…
Section 27B — Time limit for claims for AVTOP
(1) A claim for an AVTOP by a primary victim of a declared overseas terrorist act must be lodged within 2 years after the day the declaration is made under subsection 35B(1) of the 1991 Act. (2) A…
Section 28 — Jobseeker payment—claimant for disability support pension
If: (a) a person makes a claim for a jobseeker payment; and (b) the person is qualified for a jobseeker payment under subsection 593(1B) of the 1991 Act; the person’s start day in relation to the…
Section 29 — Parenting payment
If: (a) a person has a PP child; and (b) the person makes a claim for parenting payment within 4 weeks after the day on which the child became a PP child of the person; the person’s start day in…
Section 30 — Pensioner education supplement
If: (a) a person makes a claim for a pensioner education supplement; and (b) when the claim is made, the person is qualified for the supplement; and (c) the claim is made within 4 weeks after the…
Section 30A — Exclusion from section 29 residence requirement of crisis payment claimants holding certain visas
Despite paragraph 29(1)(a), a person who is not an Australian resident may make a claim for a crisis payment if the person is qualified for special benefit because he or she is the holder of a visa…
Section 31 — Exclusion of certain claims from requirements of section 29
(1) Section 29 does not apply to a claim for an AGDRP if the claim relates to a major disaster that occurred in Australia or outside Australia. (1A) Section 29 does not apply to a claim for an AVTOP.…
Section 31A — Exclusion of certain claims by special category visa holders from section 29 residence requirement
Despite paragraph 29(1)(a), a person who is not an Australian resident may make a claim for a social security payment or a concession card if: (a) the person is a special category visa holder…
Section 32 — Pensioner education supplement: claim before 1 August
If: (a) a person makes a claim for a pensioner education supplement after the beginning of a calendar year but before 1 August in that year; and (b) the person’s course of education is a full year…
Section 33 — Right to withdraw
(1) A claimant for a social security payment or a concession card, or a person acting on behalf of such a claimant, may withdraw a claim that has not been determined. (2) A claim that is withdrawn is…
Section 34 — Youth allowance: incapacitated claimant
If: (a) a person who is undertaking a course of full-time study becomes incapacitated for study as a result of a medical condition; and (b) the person makes a claim for a youth allowance within 5…
Section 35 — Claims by persons in gaol etc.
(1) A person who is: (a) in gaol; or (b) undergoing psychiatric confinement because he or she has been charged with an offence; may make a claim for a social security pension or benefit or for a…
Section 35A — Claims for advance pharmaceutical allowance
(1) A person may only make a claim for advance pharmaceutical allowance if the claim is made in accordance with subsection (2), (3) or (4). (2) A person may make a claim for advance pharmaceutical…
Section 35B — Secondary victim claims for AVTOP
(1) If a person makes a claim for an AVTOP as a secondary victim in relation to a close family member who has died, the Secretary must make reasonable inquiries as to whether there are other persons…
Section 36 — Obligation of Secretary to determine claim
(1) Subject to this section, the Secretary must, in accordance with the social security law, determine a claim for a social security payment or a concession card, either granting or rejecting the…
Section 37 — Grant of claim
(1) Subject to this section and section 40, the Secretary must determine that a claim for a social security payment is to be granted if the Secretary is satisfied that: (a) the claimant is qualified…
Section 37A — Duration of certain health care cards
(1) A seniors health card expires at the end of the period specified, for the purposes of subsection 37(9), in the determination granting the claim for the card. (1A) However, subsection (1) does not…
Section 37AA — Grant of claim—schooling requirements
(1) Without limiting subsection 37(1), the Secretary must determine that a claim for a schooling requirement payment is to be granted if the Secretary is satisfied that: (a) the person is qualified,…
Section 37AB — Grant of claim—eligibility requirements taken to be satisfied etc.
(1) If a claim for a social security payment or concession card (the new benefit) is made by a person receiving or holding another social security payment or concession card (the current benefit),…
Section 38 — Refusal of claim for special employment advance
(1) Subject to subsection (2), the Secretary must refuse a claim for special employment advance if: (a) the claim is based on the effect of unreceived income on the claimant’s special employment…
Section 39 — Deemed refusal of claim
(1) Subject to subsections (3) and (9), if the Secretary does not make a determination regarding a claim within the period of 13 weeks after the day on which the claim was made, the Secretary is…
Section 40 — Rejection of claim for failure to obtain foreign payment
(1) The Secretary may make a determination rejecting a claim for a social security payment if: (a) the claimant has been given a notice under subsection 66(2); and (b) the Secretary is not satisfied…
Section 40A — Requirement to enter into employment pathway plans
No existing employment pathway plan in force (1) The Employment Secretary may require a person to enter into an employment pathway plan if an employment pathway plan is not in force in relation to…
Section 40B — Use of technological processes
(1) The Employment Secretary may arrange for the use of technological processes in relation to the following: (a) persons entering into employment pathway plans under section 40D or 40E; (b) the…
Section 40C — Use of questionnaire
(1) The Employment Secretary may arrange for the completion of a questionnaire in relation to the following: (a) persons entering into employment pathway plans under section 40D or 40E; (b) the…
Section 40D — Employment pathway plans—plans developed by the Employment Secretary
(1) A person enters into an employment pathway plan under this section if: (a) the person notifies the Employment Secretary that the person accepts the employment pathway plan developed by the…
Section 40E — Employment pathway plans—streamlined processes
(1) A person enters into an employment pathway plan under this section if: (a) the person is given information as part of the processes referred to in subsection 40B(1) informing the person of the…
Section 40F — Employment pathway plan matters
The employment pathway plan matters in relation to a person are the following: (a) the person’s education, experience, skills and age; (b) the impact of any disability, illness, mental condition or…
Section 40G — Employment pathway plans—examples of requirements
Seeking, accepting and undertaking paid work (1) An employment pathway plan under this Subdivision in relation to a person may contain requirements relating to one or more of the following: (a) the…
Section 40H — Employment pathway plans not to contain requirements about undertaking unsuitable paid work
An employment pathway plan under Subdivision A in relation to a person must not contain a requirement relating to one or more of the following: (a) the person seeking paid work in Australia; (b) the…
Section 40J — Employment pathway plans not to contain requirements to participate in an approved program of work
Parenting payment (1) An employment pathway plan under Subdivision A, that is in force in relation to a person who is receiving parenting payment, must not require the person to participate in an…
Section 40K — Employment pathway plans not to contain certain other requirements
(1) An employment pathway plan under Subdivision A must not contain a requirement of a kind that the Employment Secretary determines under subsection (2). (2) The Employment Secretary must, by…
Section 40L — Circumstances making it unreasonable etc. to comply with requirements
(1) A person is not required to satisfy the employment pathway plan requirements if a determination under this section is in effect in relation to the person. Circumstances beyond a person’s control…
Section 40M — Death of person’s partner
Claimants (1) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if: (a) the person makes a claim for a jobseeker payment,…
Section 40N — Domestic violence
(1) A person is not required to satisfy the employment pathway plan requirements if a determination under this section is in effect in relation to the person. (2) The Employment Secretary must make a…
Section 40P — Caring responsibilities
(1) A person is not required to satisfy the employment pathway plan requirements if a determination under this section is in effect in relation to the person. Mandatory determination (2) The…
Section 40Q — Pre-natal and post-natal relief
(1) A pregnant woman is not required to satisfy the employment pathway plan requirements for the period that starts 6 weeks before the woman’s expected date of confinement and ends on the day on…
Section 40R — Persons engaged in work
Persons 55 and over (1) A person who has reached 55 years of age is not required to satisfy the employment pathway plan requirements in respect of a period of 2 weeks if: (a) unless paragraph (b)…
Section 40S — Jobseeker payment rules only
Rehabilitation program (1) A person is not required to satisfy the employment pathway plan requirements in respect of a period (the applicable period) if: (a) subparagraph 593(1)(a)(ii) of the 1991…
Section 40T — Exceptional circumstances
(1) A person is not required to satisfy the employment pathway plan requirements if the person is included in a class of persons specified in a determination under this section that is in effect. (2)…
Section 40U — General rules
(1) A determination under this Subdivision may specify the period during which the determination has effect. (2) A determination under this Subdivision may be expressed to take effect on a day that…
Section 40V — Variation, cancellation and review of employment pathway plans
Variation (1) The Employment Secretary may vary an employment pathway plan that is in force under Subdivision A in relation to a person after discussion with the person and after taking into account…