Social Security (Administration) Act 1999
Sections and provisions with full text and the judgments that cite each one.
Section 42U — Legislative instruments relating to reasonable excuse
Matters to be taken into account (1) The Secretary must, by legislative instrument, determine matters that the Secretary must take into account in deciding whether a person has a reasonable excuse…
Section 42V — Deduction from any participation payment
The balance of a person’s penalty amount for a no show no pay failure, a reconnection failure or a non-attendance failure that is not reduced to nil under section 42D, 42L or 42SD is to be deducted…
Section 42W — Penalty amount not a debt
To avoid doubt, a penalty amount is not a debt owed to the Commonwealth under Part 5.2 of the 1991 Act.
Section 42X — Payability
A participation payment remains payable even if it is reduced to nil as a result of deducting a penalty amount, or the balance of a penalty amount, for a no show no pay failure, a reconnection…
Section 42Y — Day of determination
For the purposes of paragraph 42M(1)(a), 42P(2)(a), 42Q(2)(c) or 42S(3A)(b), the day the Secretary makes the determination is the day the Secretary originally makes the determination (even if another…
Section 42Z — Relationship with section 80
Nothing in this Division affects the power of the Secretary to cancel or suspend a participation payment under section 80 of this Act.
Section 43 — Payment by instalments
Payment in arrears in relation to periods (1) A social security periodic payment is to be paid: (a) in arrears; and (b) by instalments relating to such periods (not exceeding 14 days) as the…
Section 44 — Payment of instalments to person or nominee
(1) Subject to section 45, instalments of a person’s social security periodic payment are to be paid to that person. (2) If, by virtue of a determination under subsection 46(2), a person’s special…
Section 45 — Payment of youth allowance—person under 18 and not independent
(1) Subject to subsection (2), instalments of youth allowance of a person who is under 18 years of age and is not independent are to be paid on behalf of the person: (a) if the person has only one…
Section 46 — Payment of special employment advance
(1) Unless the Secretary makes a determination under subsection (2), a person’s special employment advance is to be paid in accordance with section 47. (2) If the Secretary considers that it is…
Section 46A — Payment of AGDRP
(1) Unless the Secretary makes a determination under subsection (2), a person’s AGDRP is to be paid in accordance with section 47. (2) If the Secretary considers that it is appropriate for a person’s…
Section 46B — Payment of AVTOP
(1) Unless the Secretary makes a determination under subsection (2), a person’s AVTOP is to be paid: (a) in accordance with section 47; and (b) on the date that is determined by the Secretary to be…
Section 47 — Payment of lump sum benefits
(1) In this section: lump sum benefit means: (a) an advance payment under section 864A, Part 2.22 or section 1134A of the 1991 Act; or (aa) AGDRP, except where the Secretary has made a determination…
Section 47A — Payment of one-off payment to the aged
One-off payment to the aged is to be paid to a person on the date that is determined by the Secretary to be the earliest date on which it is reasonably practicable for the payment to be made to the…
Section 47CA — Payment of activity supplement or farm financial assessment supplement
The following payments are to be paid to a person on the date the Secretary considers to be the earliest date on which it is reasonably practicable for the payment to be made to the person: (a)…
Section 47DA — Relocation scholarship payments
If: (a) a person is qualified for a relocation scholarship payment on a particular day because the person is receiving youth allowance; and (b) the whole or a part of the person’s instalment of youth…
Section 47DAA — Payment of essential medical equipment payment
If an individual is qualified for an essential medical equipment payment, the Secretary must pay the payment to the individual in a single lump sum in such manner as the Secretary considers…
Section 47AB — Payment of carer supplement
If an individual is qualified for carer supplement for a year, the Secretary must pay the supplement to the individual: (a) on the date or dates that the Secretary considers to be the earliest date…
Section 47B — Payment of one-off payments to carers
(1) If an individual is qualified for one of the payments mentioned in subsection (2), the Secretary must pay the payment to the individual in a single lump sum: (a) on the date that the Secretary…
Section 47CB — Payment of FHA supplement or relief payment
If a person is qualified for FHA supplement for a qualifying period (within the meaning of the Farm Household Support Act 2014), or relief payment, the Secretary must pay the supplement or payment to…
Section 47DB — Student start-up loans
(1) If a person is qualified for a student start-up loan for a qualification period: (a) the loan becomes payable to the person on the day the Secretary determines the person’s claim for the loan;…
Section 47AC — Payment of one-off energy assistance payment
If a person is qualified for a one-off energy assistance payment under Part 2.6 of the 1991 Act, the Secretary must pay the payment to the person in a single lump sum: (a) on the date that the…
Section 47C — Payment of economic security strategy payments and training and learning bonuses
(1) If an individual is qualified for an economic security strategy payment, the Secretary must pay the payment to the individual in a single lump sum: (a) on 8 December 2008, or on such later date…
Section 47AD — Payment of 2019 one-off energy assistance payment
If a person is qualified for a one-off energy assistance payment under Part 2.6A of the 1991 Act, the Secretary must pay the payment to the person in a single lump sum: (a) on the date that the…
Section 47D — Payment of clean energy advance
(1) If an individual is qualified for a clean energy advance, the Secretary must pay the advance to the individual in a single lump sum: (a) on the day that the Secretary considers to be the earliest…
Section 47AE — Payment of first 2020 economic support payment
(1) If a person is qualified for a first 2020 economic support payment under Division 1 of Part 2.6B of the 1991 Act, the Secretary must, subject to subsection (2), pay the payment to the person in a…
Section 47AF — Payment of second 2020 economic support payment
(1) If a person is qualified for a second 2020 economic support payment under Division 2 of Part 2.6B of the 1991 Act, the Secretary must, subject to subsection (2), pay the payment to the person in…
Section 47AG — Payment of additional economic support payment 2020
(1) If a person is qualified for an additional economic support payment 2020 under Division 1 of Part 2.6C of the 1991 Act, the Secretary must, subject to subsection (2), pay the payment to the…
Section 47AH — Payment of additional economic support payment 2021
(1) If a person is qualified for an additional economic support payment 2021 under Division 2 of Part 2.6C of the 1991 Act, the Secretary must, subject to subsection (2), pay the payment to the…
Section 47AI — Payment of 2022 cost of living payment
(1) If a person is qualified for a 2022 cost of living payment under Division 1 of Part 2.6D of the 1991 Act, the Secretary must, subject to subsection (2), pay the payment to the person in a single…
Section 48 — Payment of telephone allowance
(1) Telephone allowance is to be paid by instalments. (2) An instalment of telephone allowance is to be paid to a person on each telephone allowance payday on which telephone allowance is payable to…
Section 48A — Payment of utilities allowance
(1) Utilities allowance is to be paid by instalments. (2) If utilities allowance is payable to a person in relation to a utilities allowance test day, then an instalment of the allowance is to be…
Section 48B — Payment of energy supplement
(1) Energy supplement under Part 2.25B of the 1991 Act is to be paid by instalments. (2) An instalment of energy supplement is to be paid to a person as soon as is reasonably practicable after the…
Section 48C — Payment of quarterly pension supplement
(1) Quarterly pension supplement is to be paid by instalments. (2) An instalment of quarterly pension supplement is to be paid to a person as soon as is reasonably practicable after the end of an…
Section 48D — Payment of quarterly energy supplement
(1) Quarterly energy supplement is to be paid by instalments. (2) An instalment of quarterly energy supplement is to be paid to a person as soon as is reasonably practicable after the end of an…
Section 49 — Timing of payment of fares allowance
(1) Subject to subsection (2), fares allowance for a journey by a person is to be paid as a reimbursement after the journey is made. (2) If the journey has not been made, the fares allowance for the…
Section 50 — To whom fares allowance is to be paid
(1) Subject to subsection (4), if the person is or was receiving youth allowance at the time of the making of the journey, fares allowance is to be paid to the person to whom instalments of the youth…
Section 50A — Payment of child disability assistance
If an individual is qualified for child disability assistance in respect of a particular 1 July, the Secretary must pay the assistance to the individual in a single lump sum: (a) on the date that the…
Section 51 — Advance in case of severe financial hardship
(1) If: (a) the Secretary determines: (i) that a claim by a person who is in Australia for a social security benefit or pension is to be granted; or (ii) that a social security benefit or pension is…
Section 52 — Payment of certain amounts outside Australia
(1) This section applies to the following social security payments: (a) age pension; (c) carer payment; (d) disability support pension; (g) pension PP (single) to which clause 105A of Schedule 1A to…
Section 53 — Payment of instalments where pension received under other legislation
(1) If: (a) an age pension or a disability support pension is payable to a person; and (b) the person is receiving a veteran’s disability pension; and (c) the Secretary has made a determination, for…
Section 54 — Rounding off instalments of social security payments
(1) In this section: instalment means an instalment of a social security payment. Note: Subsection 43(3E) affects what is an instalment of a social security periodic payment if the Secretary has…
Section 55 — Payment into bank account etc.
(1) Subject to Part 3A, an amount (the relevant amount) that is to be paid to a person under section 44, 45, 47, 47DA, 47DB, 48, 48A, 48B, 48C, 48D or 50 is to be paid in the manner set out in this…
Section 56 — Youth allowance—failure to nominate parent
(1) This section applies to a person if: (a) the person is under 18 years of age and is not independent; and (b) youth allowance has become payable to the person; and (c) the person has more than one…
Section 57 — Change of particular payday
If the Secretary is satisfied that an amount that would, apart from this section, be paid on a particular day cannot reasonably be paid on that day, the Secretary may direct that the amount be paid…
Section 58 — Payment of social security payment after death
(1) If: (a) an amount representing a social security payment (other than pension bonus, pension bonus bereavement payment or a student start-up loan) is payable to a person; and (b) the person dies;…
Section 59 — Payment of pension bonus or pension bonus bereavement payment after death
(1) This section sets out the only circumstances in which a pension bonus or a pension bonus bereavement payment will be payable after the death of the person concerned. (1A) If: (a) a person claims…
Section 60 — Protection of social security payment
(1) A social security payment is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise. (2) This section has effect subject to:…
Section 61 — Deduction at request of recipient—payments to Commissioner of Taxation
(1) This section applies if a person asks the Secretary: (a) to make deductions from instalments of a social security payment payable to the person; and (b) to pay the amounts deducted to the…
Section 61A — Deduction at request of recipient—other payments
(1) This section applies if a person asks the Secretary: (a) to make deductions from instalments of a social security payment payable to the person; and (b) to pay the amounts deducted to a business…