Social Security (Administration) Act 1999

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

Section 98 — Automatic rate reduction—partner starting to receive pension or benefit

(1) Subject to subsection (2), if: (a) a person is receiving a social security payment; and (b) the person’s partner starts to receive: (i) a social security pension or benefit; or (ii) a service…

Section 99 — Automatic rate reduction—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 100 — Automatic rate reduction—recipient not complying with subsection 68(2) notice

Section 101 — Automatic rate reduction—receipt of pension or veteran payment by person receiving parenting payment

If: (a) a person who is a member of a couple is receiving parenting payment; and (b) as a result of a social security pension, a service pension, income support supplement or a veteran payment…

Section 103 — Changes to payments by computer following automatic cancellation or reduction

(1) If: (a) a person is receiving a social security payment on the basis of data in a computer; and (b) the payment is cancelled, or the payment rate is reduced, by the operation of a provision of…

Section 104 — Automatic cancellation—holder complying with subsection 68(4) notice

If: (a) a person who is the holder of a concession card is given a notice under subsection 68(4); and (b) the notice requires the person to inform the Department of the occurrence of an event or…

Section 105 — Automatic cancellation—holder not complying with subsection 68(4) notice

If: (a) a person who is the holder of a concession card is given a notice under subsection 68(4); and (b) the notice requires the person to inform the Department of the occurrence of an event or…

Section 106 — Changes by computer following automatic cancellation

(1) If: (a) a person is qualified for a concession card on the basis of data in a computer; and (b) the person ceases, by virtue of section 104 or 105, to be qualified for the card; and (c) the…

Section 106A — Automatic cancellation on cessation of qualification

If a person who is the holder of a concession card ceases, otherwise than by virtue of section 104 or 105, to be qualified for the card, the card is cancelled by force of this section on the day on…

Section 106B — Automatic cancellation

(1) Subject to subsection (3), if: (a) a section 1061ZA pensioner concession card or a listed automatic issue health care card has been granted to a person; and (b) in order to be qualified for the…

Section 107 — General rule

(1) Subject to subsections (2), (3), (4) and (5), a determination under section 37 takes effect on the day on which the determination is made or on such earlier or later day as is specified in the…

Section 108 — Definition

In this Subdivision: favourable determination means a determination under section 78, 85, 85AA or 85A.

Section 109 — Date of effect of favourable determination resulting from review

(1) If: (a) a decision (the original decision) is made in relation to a person’s social security payment; and (b) a notice is given to the person informing the person of the original decision; and…

Section 109A — Date of effect of determination under section 78 resulting from review required by section 126A

If the Secretary makes a determination under section 78 (rate increase determination) as a result of a review required by section 126A (review of determination of youth allowance rate in relation to…

Section 110 — Date of effect of favourable determination

(1) Subject to subsections (1A) to (11A) (inclusive), if a favourable determination is made following a person having informed the Department of the occurrence of an event or change of circumstances,…

Section 110A — Date of effect of favourable determinations resuming payment after suspensions relating to non-compliance

If: (a) a favourable determination is made under section 85 resuming payment of a parenting payment, youth allowance, austudy payment, jobseeker payment or special benefit the payment of which had…

Section 111 — Date of effect of section 78 determination resulting from indexation or adjustment

If: (a) the Secretary makes a determination under section 78; and (b) the determination is made because an amount has been indexed or adjusted by the operation of Part 3.16 of the 1991 Act; the…

Section 114 — Date of effect of other favourable determinations

(1) In the case of a favourable determination to which none of sections 109, 109A, 110 and 110A apply, the determination takes effect on the day on which the determination is made or on such other…

Section 114A — Date of effect of favourable determination—portability extensions

A favourable determination that is made as a result of a determination referred to in: (a) subsection 1216(2), 1220A(1A) or 1220B(1A) of the 1991 Act; or (b) subclause 128(1A) of Schedule 1A to the…

Section 115 — Definition

In this Subdivision: favourable determination means a determination under section 89.

Section 116 — Date of effect of favourable determination resulting from review—concession cards

(1) If: (a) a decision (the original decision) is made in relation to a person’s qualification for a concession card; and (b) the person is given a notice informing him or her of the original…

Section 117 — Definition

In this Subdivision: adverse determination means a determination under section 79, 80, 81, 81A or 82.

Section 118 — Date of effect of adverse determinations—general rules

(1) The day on which an adverse determination takes effect in relation to a social security payment is worked out: (b) in the case of carer payment—in accordance with this section and section 120;…

Section 120 — Additional rules in the case of carer payment

(1) If: (a) the Secretary makes a determination (the earlier determination) that a person (the carer) is entitled to carer payment because the carer is providing care for a care receiver or care…

Section 121 — Definition

In this Subdivision: adverse determination means a determination under subsection 77(1) or (3) determining that a seniors health card, or a health care card that is income-tested for a person, is to…

Section 122 — Date of effect of adverse determinations

An adverse determination takes effect: (a) on the day on which it is made; or (b) if a later day is specified in the determination, on that day.

Section 123 — Continuing effect of determinations

(1) A determination that: (a) a person’s claim for a social security payment is granted; or (b) a social security payment is payable to a person; continues in effect until: (ba) the payment is…

Section 123A — Definitions

In this Part: correspondence nominee means a person who, by virtue of an appointment in force under section 123C, is the correspondence nominee of another person. nominee means a correspondence…

Section 123AA — Estimate of maintenance income for Youth Allowance Rate Calculator

(1) In working out the annualised amount of maintenance income for the parent of a person for the purposes of the maintenance income test in Module GA of the Youth Allowance Rate Calculator in…

Section 123SA — Simplified outline of this Part

• There is an enhanced income management regime for recipients of certain welfare payments. • A person may become subject to the enhanced income management regime because: (a) the Queensland…

Section 123SCA — Persons subject to the enhanced income management regime—child protection

Person given notice by a child protection officer (1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if: (a) at the…

Section 123SDA — Persons subject to the enhanced income management regime—persons residing in other areas

Disengaged youth (1) For the purposes of this Part, a person is subject to the enhanced income management regime at a particular time (the test time) if: (a) at the test time, the person’s usual…

Section 123SIA — Requests to transfer from the income management regime

Person’s request (1) A person who is subject to the income management regime under section 123UC, 123UCA, 123UCB, 123UCC or 123UFAA may make a request to the Secretary to transfer to the enhanced…

Section 123SLA — 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 123SCA: (a) the percentage of…

Section 123STA — Disclosure of information—child protection

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

Section 123SVA — Periodic estimates of cost of enhanced income management regime

(1) As soon as practicable after the end of each reporting period, the Minister must prepare a written estimate of the full cost to the Commonwealth (as at the end of the period) of the operation of…

Section 123TA — Simplified outline

The following is a simplified outline of this Part: • This Part sets up an income management regime for recipients of certain welfare payments. • A person may become subject to the income management…

Section 123TGA — Declared voluntary income management area

The Minister may, by legislative instrument, determine that: (a) a specified State; or (b) a specified Territory; or (c) a specified area; is a declared voluntary income management area for the…

Section 123TGAA — Recognised State/Territory authority

(1) The Minister may, by legislative instrument, determine that: (a) a specified department, or a specified part of a department, of a State or Territory; or (b) a specified body of a State or…

Section 123UA — Persons subject to the income management regime

This Subdivision sets out the various situations in which a person is subject to the income management regime.

Section 123UCA — Persons subject to the income management regime—vulnerable welfare payment recipients

(1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if: (a) at the test time, the person is an eligible recipient of a category…

Section 123UFA — Persons subject to the income management regime—voluntary income management agreement

(1) For the purposes of this Part, a person is subject to the income management regime at a particular time if, at that time, a voluntary income management agreement is in force in relation to the…

Section 123UFAA — Persons subject to the income management regime—other State/Territory referrals

(1) For the purposes of this Part, a person is subject to the income management regime at a particular time (the test time) if: (a) at the test time, the person, or the person’s partner, is an…

Section 123UGA — Vulnerable welfare payment recipients

Determination by Secretary (1) The Secretary may, by writing, determine that a person is a vulnerable welfare payment recipient for the purposes of this Part. (2) In making a determination under…

Section 123VA — Establishment of the Income Management Record

The Income Management Record is established by this section.

Section 123WA — Income management accounts

Income management accounts to be kept (1) Separate notional accounts are to be kept within the Income Management Record in the names of particular persons. Person’s income management account (2) An…

Section 123WJA — Ceasing payment of credit balances of income management accounts—person becomes subject to the income management regime again

(1) This section applies if: (a) at a particular time, a person ceases to be subject to the income management regime; and (b) at the time referred to in paragraph (a), there is a residual amount in…