Social Security Act 2018

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

Section Sch1-50 — Benefits review committee reviews

50 Benefits review committee reviews (1) Subpart 2 of Part 7 applies (with all necessary modifications), and the provisions of the Social Security Act 1964 about reviews by a benefits review…

Section Sch1-51 — Appeals to appeal authority

51 Appeals to appeal authority (1) Subpart 3 of Part 7 applies (with all necessary modifications), and the provisions of the Social Security Act 1964 about appeals to the Social Security Appeal…

Section Sch1-52 — Appeals to courts

52 Appeals to courts (1) Subpart 4 of Part 7 applies (with all necessary modifications), and the provisions of the Social Security Act 1964 about appeals to courts do not apply, to a determination…

Section Sch1-53 — Appeals to medical board

53 Appeals to medical board (1) Subpart 5 of Part 7 applies (with all necessary modifications), and the provisions of the Social Security Act 1964 about appeals to the Medical Board do not apply, to…

Section Sch1-54 — Rates of benefits and allowances order or accommodation supplement areas order

54 Rates of benefits and allowances order or accommodation supplement areas order (1) This clause applies to an order made on or after the day after the date on which this Act receives the Royal…

Section Sch1-55 — Reciprocity agreement applicants for, or recipients of, certain DPBs for solo parents or widows’ benefits

55 Reciprocity agreement applicants for, or recipients of, certain DPBs for solo parents or widows’ benefits Reciprocity agreement applicants may be granted former benefit as if it had not been…

Section Sch1-56 — Entitlement cards regulations

56 Entitlement cards regulations Regulations made under section 132A of the Social Security Act 1964 are saved as if they were made under section 437 .

Section Sch1-57 — References to Child Welfare Officers to be read as references to social workers

57 References to Child Welfare Officers to be read as references to social workers (1) Every reference in any enactment, regulation, rule, order, agreement, deed, instrument, application, notice,…

Section Sch1-58 — Definition of mortgage security until commencement of Land Transfer Act 2017

58 Definition of mortgage security until commencement of Land Transfer Act 2017 (1) This clause applies to the reference— (a) in Schedule 2 , the definition of mortgage security (a definition for the…

Section Sch1-59 — Income exemption regulations

59 Income exemption regulations (1) This clause applies to the Social Security (Income and Cash Assets Exemptions) Regulations 2011 made under sections 132 and 132AA of the Social Security Act 1964,…

Section Sch1-60 — Period of income assessment regulations

60 Period of income assessment regulations (1) This clause applies to the Social Security (Period of Income Assessment) Regulations 1996 made under section 132 , and for the purposes of section…

Section Sch1-61 — Code of conduct for requirements to give information or documents

61 Code of conduct for requirements to give information or documents The code of conduct issued under sections 11(1) , 11B , and 11C of the Social Security Act 1964 is saved as if it had been issued…

Section Sch1-62 — Information disclosure arrangements and determinations

62 Information disclosure arrangements and determinations Arrangements or determinations made under section 126A , 126AB , or 126AC of the Social Security Act 1964 are saved as if they were…

Section Sch1-63 — Information disclosure: order and regulations

63 Information disclosure: order and regulations (1) The Social Security (Youth Support—Authorised Agencies) Order 2012 made under section 125D of the Social Security Act 1964 is saved as if it were…

Section Sch1-64 — Saving of transfers, validations, other status, or saving effected or provided for by Schedule 32 of 1964 Act

64 Saving of transfers, validations, other status, or saving effected or provided for by Schedule 32 of 1964 Act The repeal, by section 455(1) of this Act, of Schedule 32 of the Social Security Act…

Section Sch1-65 — Validation and savings effected or provided for by Part 2 of Social Security Amendment Act 2015

65 Validation and savings effected or provided for by Part 2 of Social Security Amendment Act 2015 The repeal, by section 455(1) of this Act, of the Social Security Amendment Act 2015 , does not…

Section Sch1-66 — Amendments with retrospective effect in Social Security (Commencement of Benefits) Amendment Act 2015

66 Amendments with retrospective effect in Social Security (Commencement of Benefits) Amendment Act 2015 The repeal, by section 455(1) of this Act, of the Social Security (Commencement of Benefits)…

Section Sch1-67 — Assistance to financially disadvantaged persons regulations made under clause 21 of Schedule 32 of 1964 Act

67 Assistance to financially disadvantaged persons regulations made under clause 21 of Schedule 32 of 1964 Act (1) This clause applies to regulations (for provision of financial assistance to…

Section Sch1-68 — Regulations for transitional and savings purposes

68 Regulations for transitional and savings purposes (1) The Governor-General may, by Order in Council made on the Minister’s recommendation, make regulations prescribing transitional provisions,…

Section Sch1-69 — Clauses 70 to 76 amend this Act

69 Clauses 70 to 76 amend this Act Clauses 70 to 76 amend this Act.

Section Sch1-70 — Section 22 amended (When person is available for work)

70 Section 22 amended (When person is available for work) Replace section 22(b) with: (b) would satisfy paragraph (a) were it not for circumstances that would qualify P for— (i) an exemption under…

Section Sch1-71 — Section 26 amended (Jobseeker support: ineligibility)

71 Section 26 amended (Jobseeker support: ineligibility) In section 26(a) , after “unless P is eligible under section 25” , insert “or P’s work-test obligations are deferred under the regulations…

Section Sch1-72 — Section 121 amended (Persons subject to work-preparation obligations)

72 Section 121 amended (Persons subject to work-preparation obligations) In section 121(d) (ii) , replace “166 or 167” with “166, 167, or 168” .

Section Sch1-73 — Section 140 amended (Persons subject to work-test obligations)

73 Section 140 amended (Persons subject to work-test obligations) In section 140(1) (c) (ii) , replace “166 or 167” with “166, 167, or 168” .

Section Sch1-74 — Section 169 amended (Interpretation)

74 Section 169 amended (Interpretation) In section 169 , replace “167” with “168” .

Section Sch1-75 — Schedule 2 amended

75 Schedule 2 amended (1) In Schedule 2 , definition of incentive payment ,— (a) after “62,” , insert “165,” ; and (b) after “167,” , insert “168,” . (2) In Schedule 2 , insert in its appropriate…

Section Sch1-76 — Schedule 6 amended

76 Schedule 6 amended (1) In Schedule 6 , clause 16(1), after “section 365(1) (a)” , insert “or assessing young people’s risk of long-term welfare dependency (as that risk is defined in Schedule 2)”…

Section 2 — Commencement

2 Commencement (1) This Act comes into force on 26 November 2018. (2) However, the following specified provisions come into force on the day after the date on which this Act receives the Royal…

Section Sch2 — Dictionary

Schedule 2 Dictionary ss 4 , 5 , 6 , 141 , 168 , 187 , 222 , 271 , 282 , 313 , 324 , 351 , 418 , 423 , 452 , Schedules 1 , 4 , 6 In this Act, unless the context otherwise requires,— abatement rate…

Section 3 — Purpose of this Act

3 Purpose of this Act The purpose of this Act is— (a) to enable the provision of financial and other support as appropriate— (i) to help people to support themselves and their dependants while not in…

Section Sch3-1 — What this schedule does

1 What this schedule does This schedule contains provisions on the following matters: (a) the ranking of income provisions in and outside this schedule: (b) what, for the purposes of this Act, is…

Section Sch3-10 — Considerations for whether income-related insurance payment or income-related purpose

10 Considerations for whether income-related insurance payment or income-related purpose In considering, in respect of a person, whether a payment, credit, or service is an income-related insurance…

Section Sch3-11 — Interpretation

11 Interpretation In clauses 12 to 14 ,— appropriate number of weeks means a number that— (a) must not exceed 52; and (b) is specified, for the benefit concerned, in regulations made under section…

Section Sch3-12 — How annual income calculated

12 How annual income calculated (1) A person’s annual income, for the rate of benefit, or as referred to in a specified provision, is (unless the context otherwise requires) the person’s estimated…

Section Sch3-13 — How weekly income calculated

13 How weekly income calculated (1) A person’s weekly income, for the rate of benefit, or as referred to in a specified provision, is (unless the context otherwise requires) the person’s weekly…

Section Sch3-14 — Adjustments for likely reductions or increases

14 Adjustments for likely reductions or increases The estimated income for the period for which the calculation under clause 12(1) or 13(1) is made is the income as calculated under clause 12(1) or…

Section Sch3-15 — Rules on how MSD determines income of people engaged in business or trade

15 Rules on how MSD determines income of people engaged in business or trade (1) The Governor-General may, by Order in Council, make rules— (a) prescribing how MSD is to assess and determine for the…

Section Sch3-16 — Effect of deprivation of income or property

16 Effect of deprivation of income or property (1) This clause applies if MSD is satisfied that— (a) deprivation of 1 or both of the following kinds has occurred: (i) an applicant for a benefit has,…

Section Sch3-17 — Rules on how MSD determines deprivation of income or property

17 Rules on how MSD determines deprivation of income or property The Governor-General may, by Order in Council, for the purposes of clause 16 make rules— (a) relating to the deprivation of income,…

Section Sch3-18 — How accommodation costs affected by debt insurance payment in relation to mortgage security

18 How accommodation costs affected by debt insurance payment in relation to mortgage security (1) This clause applies to a person if a debt insurance payment in relation to a mortgage security is…

Section Sch3-19 — How expenses for disability allowance may be affected by health or disability insurance payment

19 How expenses for disability allowance may be affected by health or disability insurance payment (1) This clause applies to a person if a health or disability insurance payment is made to the…

Section Sch3-2 — Ranking of provisions in and outside this schedule

2 Ranking of provisions in and outside this schedule (1) Clause 3 is overridden by clauses 4 to 10 . (2) Clauses 4 to 10 are overridden by any contrary provisions in this Act (for example, by…

Section Sch3-20 — How commitments for temporary additional support may be affected by debt, or health or disability, insurance payment

20 How commitments for temporary additional support may be affected by debt, or health or disability, insurance payment (1) This clause applies to a person if a debt insurance payment, or a health or…