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Social Security (Administration) Act 1999

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

Section 123UD — Persons subject to the income management regime—school enrolment

(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 123UGD — Exempt welfare payment recipient—person is the principal carer of a child

(1) The Secretary may, by writing, determine that a person is an exempt welfare payment recipient at a particular time (the test time) if: (a) at the test time, the person is the principal carer of a…

Section 123WD — Income management accounts may have a nil balance

Nil balance (1) A person’s income management account may have a nil balance. Examples (2) The following are examples of cases where an income management account might have a nil balance: (a) no…

Section 123XJD — Deductions from category I welfare payments—lump sums

Scope (1) This section applies if: (a) a person is subject to the income management regime under section 123UCB or 123UCC; and (b) a category I welfare payment is payable to the person otherwise than…

Section 123XPD — Deductions from household stimulus payments

Scope (1) This section applies if: (a) a person is subject to the income management regime; and (b) a household stimulus payment is payable to the person. Deductions from household stimulus payments…

Section 123YD — Vouchers—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 123ZD — Queensland Commission—notice of cancellation of welfare payments

Scope (1) This section applies if: (a) a person ceases to be subject to the income management regime under section 123UF because of the cancellation of: (i) a category P welfare payment of the person…

Section 123E — Suspension and revocation of nominee appointments

(1) If a person who is a nominee by virtue of an appointment under section 123B or 123C informs the Secretary in writing that the person no longer wishes to be a nominee under that appointment, the…

Section 123SCE — Eligible care period

(1) For the purposes of this Part, an eligible care period is a period ascertained in accordance with a determination under subsection (2). (2) The Minister may, by legislative instrument, make a…

Section 123SDE — Full-time student

A person is a full-time student for the purposes of this Part if the person: (a) is an eligible recipient of youth allowance; and (b) is undertaking full-time study (within the meaning of section…

Section 123SE — Persons subject to the enhanced income management regime—volunteers

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

Section 123SLE — 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 123SCB or 123SCC, the Secretary must pay the balance of the qualified…

Section 123UE — Persons subject to the income management regime—school attendance

(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 123WE — One income management account per person

Only one income management account (1) Only one income management account may be kept in respect of a particular person. (2) A contravention of subsection (1) does not affect the validity of an…

Section 123XPE — Deductions from 2022 cost of living payment

Scope (1) This section applies if: (a) a person is subject to the income management regime; and (b) a 2022 cost of living payment is payable to the person. Deductions from 2022 cost of living payment…

Section 123YE — Stored value cards—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 123ZE — Disclosure of information to the Secretary—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 123F — Payment of instalments etc. to payment nominee

(1) If: (a) a person has a payment nominee; and (b) the whole or a part of a relevant payment is payable to the person, or would, but for subsection 45(1), be so payable; and (c) the Secretary has…

Section 123SCF — Declared primary school area and declared secondary school area

Declared primary school area (1) 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 primary…

Section 123SDF — School age child

(1) For the purposes of this Part, a child is a school age child if the child is required, under a law of a State or Territory: (a) to be enrolled at a school; or (b) to attend a school at times…

Section 123SF — Voluntary enhanced income management agreement

(1) A person may enter into a written agreement with the Secretary under which the person agrees voluntarily to be subject to the enhanced income management regime throughout the period when the…

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

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

Section 123TF — Declared child protection State or Territory

The Minister may, by legislative instrument, determine that a specified State or Territory is a declared child protection State or Territory for the purposes of this Part.

Section 123UF — Persons subject to the income management regime—Queensland Commission

(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 123UGF — Full-time student

A person is a full-time student for the purposes of this Part if the person: (a) is an eligible recipient of youth allowance; and (b) is undertaking full-time study (as defined by section 541B of the…

Section 123WF — Credits to, and debits from, a person’s income management account

An amount must not be credited to, or debited from, a person’s income management account except as provided by this Part.

Section 123YF — Stored value cards—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 123ZF — Person other than payee obtaining payment of a cheque

Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) an amount is paid by cheque under section 123YM, 123YN, 123YO or 123YP; and (c)…

Section 123G — Definition

In this Division: benefit recipient means a person who: (a) has made a claim for, or is receiving, a social security payment; or (b) has made a claim for, or is the holder of, a concession card.

Section 123SCG — Applicable school period

(1) For the purposes of this Part, an applicable school period in relation to a child is a period ascertained in accordance with a determination under subsection (2). (2) The Minister may, by…

Section 123SG — Duration of voluntary enhanced income management agreement

(1) A voluntary enhanced income management agreement in relation to a person: (a) comes into force at the time specified in the agreement, so long as: (i) at that time, the person is an eligible…

Section 123SLG — 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 123SCJ: (a) the percentage of…

Section 123TG — Declared primary school area and declared secondary school area

Declared primary school area (1) 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 primary…

Section 123UGG — School age child

(1) For the purposes of this Part, a child is a school age child if the child is required, under a law of a State or Territory: (a) to be enrolled at a school; or (b) to attend a school at times…

Section 123WG — Internet and telephone access to account statements etc.

Scope (1) This section applies if an income management account is kept in the name of a person. Internet and telephone access to account statements etc. (2) The Secretary may issue the person with a…

Section 123XPG — Deductions from relocation scholarship payments

Scope (1) This section applies if: (a) a person is subject to the income management regime; and (b) a relocation scholarship payment is payable to the person. Deductions from payment (2) The…

Section 123YG — Expense 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 123ZG — Misuse of vouchers and stored value cards

Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) either: (i) the Secretary has given the first person or another person a voucher…

Section 123H — Actions of correspondence nominee on behalf of benefit recipient

(1) Subject to section 123S and subsection (4), any act that may be done by a benefit recipient under, or for the purposes of, the social security law (other than an act for the purposes of Division…

Section 123SCH — Unsatisfactory school attendance situation

(1) For the purposes of this Part, the question whether an unsatisfactory school attendance situation exists, or has existed, in relation to a child is to be ascertained in accordance with a…

Section 123SH — Termination of voluntary enhanced income management agreement

Termination by request (1) If a voluntary enhanced income management agreement in relation to a person is in force, the person may, by written notice given to the Secretary, request the Secretary to…

Section 123SLH — 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 123SCJ, the Secretary must pay the balance of the qualified portion of the…

Section 123TH — Priority needs

(1) For the purposes of this Part, a person’s priority needs are as follows: (a) food; (b) non-alcoholic beverages; (c) clothing; (d) footwear; (e) basic personal hygiene items; (f) basic household…

Section 123UH — Eligible care child

For the purposes of this Part, a person (the first person) is an eligible care child of another person at a particular time if, and only if: (a) at the particular time, the first person is a child…

Section 123WH — Person may request account statements

Scope (1) This section applies if an income management account is kept in the name of a person. Account statement may be requested (2) The person may request the Secretary to give the person a…

Section 123YH — Expense 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 123ZH — Repayment of money credited to an account

Scope (1) This section applies if: (a) a person (the first person) is subject to the income management regime; and (b) under section 123YI or 123YJ, the Secretary has paid an amount to a third…

Section 123I — Giving of notices to correspondence nominee

(1) Any notice that the Secretary is authorised or required by the social security law to give to a benefit recipient may be given by the Secretary to the benefit recipient’s correspondence nominee.…

Section 123SCI — Formal warning—unsatisfactory school attendance situation

If: (a) a person is not subject to the enhanced income management regime under section 123SCC; and (b) the person, or the person’s partner, has an eligible care child; and (c) an unsatisfactory…

Section 123SI — Relationship with other provisions

(1) If a person is subject to the enhanced income management regime at a particular time, then the person cannot be subject to the income management regime under Part 3B at that time. (2) If: (a) a…