Social Security (Administration) Act 1999
Sections and provisions with full text and the judgments that cite each one.
Section 62 — Effect of garnishee or attachment order
(1) If: (a) a person has an account with a financial institution; and (b) either or both of the following subparagraphs apply: (i) instalments of a social security payment payable to the person…
Section 63 — Requirement to attend Department etc.
Secretary may require person to attend Department etc. (1) Subsection (2) applies to a person if: (a) the person is receiving, or has made a claim for, a social security payment; or (b) the person is…
Section 63A — Proof of life certificate
(1) For the purposes of this Act, a proof of life certificate that relates to a person is a certificate that: (a) is expressed to relate to the person; and (b) complies with the requirements of…
Section 64 — Effect of failing to comply with requirement to attend Department etc.
Person receiving, or claiming, social security payment (1) If: (a) a person is receiving, or has made a claim for, a social security payment; and (b) the Secretary notifies the person under…
Section 66 — Notice to obtain foreign payment
(1) This section applies to the following social security payments: (a) age pension; (c) carer payment: (d) disability support pension; (e) parenting payment; (f) special needs age pension; (g)…
Section 66A — General requirement to inform of a change of circumstances etc.
Person who has made a claim (1) If: (a) a person has made a claim for: (i) a social security payment; or (ii) a concession card; and (b) the claim has been granted or has not been determined; and (c)…
Section 67 — Person who has made a claim
(1) Subsection (2) applies to a person if: (a) the person has made a claim for a social security payment; and (b) either: (i) the claim has been granted; or (ii) the claim has not been determined.…
Section 68 — Person receiving social security payment or holding concession card
(1) Subsection (2) applies to a person to whom a social security payment (other than utilities allowance or energy supplement under Part 2.25B of the 1991 Act) is being paid. (2) The Secretary may…
Section 69 — Person who has received a social security payment or who has held a concession card
(1) Subsection (2) applies to a person who is not receiving a social security payment but to whom a social security payment (other than utilities allowance or energy supplement under Part 2.25B of…
Section 70 — Care receiver in respect of whom carer payment being made
(1) If a person is being paid a carer payment because he or she is providing constant care (or, if section 197F of the 1991 Act applies to the person, care) for a care receiver (other than one to…
Section 70A — Person who is subject to the income management regime etc.
Scope (1) This section applies to a person if: (a) the person is subject to the income management regime (within the meaning of Part 3B); or (b) the Secretary is satisfied that it is likely that the…
Section 70AA — Person who is subject to the enhanced income management regime etc.
Scope (1) This section applies to a person if: (a) the person is subject to the enhanced income management regime (within the meaning of Part 3AA); or (b) the Secretary is satisfied that it is likely…
Section 72 — Provisions relating to notice
(1) A notice under this Subdivision: (a) must be given in writing; and (b) may be given personally or by post or in any other manner approved by the Secretary; and (c) must specify how the person is…
Section 73 — Application of provisions
Sections 66A to 72 extend to: (a) acts, omissions, matters and things outside Australia, whether or not in a foreign country; and (b) all persons irrespective of their nationality or citizenship.
Section 74 — Offence—failure to comply with notice
(1) A person must not refuse or fail to comply with a notice under section 67, 68, 69, 70, 70AA or 70A. Penalty: Imprisonment for 6 months. (2) Subsection (1) applies only to the extent to which the…
Section 75 — Requesting tax file numbers
Persons who may be requested to provide tax file numbers (1) The Secretary may make a request under subsection (2), (3) or (4) of a person (the request recipient) in Australia who: (a) is making, or…
Section 76 — How request for tax file number is satisfied
Satisfying request for tax file number (1) If the Secretary requests a person (the request recipient) under section 75 to give the Secretary a written statement of the tax file number of a person…
Section 77 — Consequences of not giving tax file number
Consequences of not satisfying request for tax file number (1) If the Secretary makes a request of a person under section 75, the consequences set out in the following table apply unless the person…
Section 78 — Rate increase determination
If the Secretary is satisfied that the rate at which a social security payment is being, or has been, paid is less than the rate provided for by the social security law, the Secretary must: (a)…
Section 78A — When this Subdivision does not apply
This Subdivision does not apply in relation to utilities allowance and energy supplement under Part 2.25B of the 1991 Act.
Section 79 — Rate reduction determination
(1) If the Secretary is satisfied that the rate at which a social security payment is being, or has been, paid is more than the rate provided for by the social security law, the Secretary is to: (a)…
Section 80 — Cancellation or suspension determination
(1) If the Secretary is satisfied that a social security payment is being, or has been, paid to a person: (a) who is not, or was not, qualified for the payment; or (b) to whom the payment is not, or…
Section 81 — Cancellation or suspension for non-compliance with certain notices
(1) If: (a) a person who is receiving a social security payment (other than a jobseeker payment) has been given: (i) a notice under section 67 or 68 that requires the person to give the Department a…
Section 81A — Rate reduction determination for non-compliance with notice relating to rent assistance
(1) Without limiting section 81, if: (a) an amount of rent assistance is being added to a person’s maximum basic rate of social security payment; and (b) the person has been given: (i) a notice under…
Section 82 — Cancellation or suspension for failure to take action to obtain foreign payment
(1) If: (a) a person who is receiving a social security payment has been given a notice under subsection 66(2); and (b) the Secretary is satisfied that the person has not complied with the…
Section 83 — Changes to payments by computer
(1) If: (a) payment of a social security payment is based upon data in a computer; and (b) the rate of the payment is increased or reduced, or the payment is cancelled or suspended, because of the…
Section 84 — Automatic transfer by computer
(1) If: (a) payment of a social security payment to a person is based upon data in a computer; and (b) because of the operation of a computer program used under the control of the Secretary, a social…
Section 85 — Resumption of payment after cancellation or suspension—general
(1) If: (a) a person’s social security payment is: (i) cancelled by force of section 93 or 94 or subsection 95C(2); or (ii) cancelled or suspended under section 80, 81 or 82; or (iia) suspended under…
Section 85A — Rate increase determination following rate reduction for non-compliance with notice relating to rent assistance
(1) If: (a) the Secretary reduces a person’s rate of social security payment under section 81A by not adding an amount of rent assistance to the person’s maximum basic rate; and (b) the Secretary…
Section 85AA — Resumption of payment after cancellation or suspension—provision of proof of life certificate
Resumption of payment after suspension (1) If: (a) a person’s social security payment is suspended under section 80; and (b) the suspension is attributable to the person’s failure to give the…
Section 86 — Cancellation—person not qualified
(1) If the Secretary is satisfied that a person to whom a concession card has been granted is not qualified for the card, the Secretary is to determine that the card is to be cancelled. Note: In some…
Section 87 — Cancellation—non-compliance with certain notices
If: (a) a person who is the holder of a concession card has been given: (i) a notice under section 68 that requires the person to give the Department a statement; or (ii) a notice embodying a…
Section 88 — Changes to qualification by computer
If: (a) a person is qualified for a concession card; and (b) the person ceases to be qualified for the card because of the operation of a computer program used under the control of the Secretary; and…
Section 89 — Resumption of qualification
(1) If: (a) the Secretary makes a determination under section 87 that a person is to cease to be qualified for a concession card; and (b) the Secretary reconsiders the decision; and (c) as a result…
Section 90 — Automatic cancellation—transfer to new payment type
(1) If: (a) a person is receiving a social security pension or benefit (the old payment); and (b) either: (i) a different kind of social security pension or benefit (the new pension or benefit)…
Section 90A — When this Subdivision does not apply
This Subdivision does not apply in relation to utilities allowance and energy supplement under Part 2.25B of the 1991 Act.
Section 91 — Automatic cancellation of parenting payment on transfer to new payment type—member of couple
(1) If: (a) a person who is a member of a couple is receiving parenting payment; and (b) a social security benefit (other than benefit (PP) partnered) becomes payable to the person; parenting payment…
Section 93 — Automatic cancellation—recipient complying with subsection 68(2) notice
(1) Subject to subsection (2), if: (a) a person who is receiving a social security payment is given a notice under subsection 68(2); and (b) the notice requires the person to inform the Department of…
Section 94 — Automatic cancellation—recipient not complying with subsection 68(2) notice
(1) Subject to subsection (2), if: (a) a person who is receiving a social security payment is given a notice under subsection 68(2); and (b) the notice requires the person to inform the Department of…
Section 95 — Automatic cancellation—failure to provide statement under subsection 68(2)
(1) If: (a) a person who is receiving a social security payment is given a notice under subsection 68(2) requiring the person to give the Department a statement or a number of statements; and (b) the…
Section 95A — Automatic cancellation of carer payment for non-compliance with section 70 notice
If: (a) a care receiver or parent of a care receiver is given a notice under section 70; and (b) the notice requires the care receiver or parent to inform the Department of the occurrence of an event…
Section 95CA — Carer payment—suspension instead of cancellation under section 93 or 94
Application—temporary cessation of care limit exceeded (1) This section applies if: (a) a person temporarily ceases to provide care for a care receiver or care receivers (see section 198AC of the…
Section 95B — Automatic suspension or cancellation—carer allowance
If: (a) a person is receiving a carer allowance because the person is qualified for that allowance under section 954B of the 1991 Act (receiving carer payment); and (b) the person’s carer payment is…
Section 95C — Social security payment—suspension instead of cancellation under section 93 or 94
(1) If: (a) a person ceases to be qualified for a social security payment or a social security payment ceases to be payable to a person; and (b) the Secretary is satisfied that the cessation is…
Section 95D — Age pension—suspension instead of cancellation under section 93 or 94
Application (1) This section applies if: (a) age pension ceases to be payable to a person because the rate of the person’s pension is nil; and (b) the rate of the person’s pension is nil because of…
Section 96 — Disability support pension—suspension instead of cancellation under section 93
(1) If: (a) a person ceases to be qualified for disability support pension because the person obtains paid work that is for at least 30 hours per week; and (b) the person has, within the notification…
Section 97 — Disability support pension—suspension taken to have been under section 96
(1) If: (a) a person ceases to be qualified for disability support pension because the person obtains paid work that is for at least 30 hours per week; and (b) disability support pension ceases to be…
Section 97A — Disability support pension—suspension instead of cancellation under section 94 (person obtains work)
(1) If: (a) a person was receiving disability support pension as a result of a claim made before 1 July 2006; and (b) the person ceased to be qualified for disability support pension because he or…
Section 97B — Disability support pension—suspension instead of cancellation under section 94 (person’s income)
(1) If: (a) disability support pension ceased to be payable to a person because the rate of the pension was nil as a result of employment income of the person; and (b) the person subsequently informs…
Section 97C — Age pension, disability support pension and carer payment—suspension instead of cancellation under section 93 or 94 (partners)
Application (1) This section applies if: (a) one of the following determinations is made, in relation to a person who is a member of a couple, because of the occurrence of an event or change of…