Social Security Act 2018
Sections and provisions with full text and the judgments that cite each one.
Section 252 — MSD must give notice of sanction
252 MSD must give notice of sanction (1) MSD must not under section 232 reduce, suspend, or cancel a benefit payable to a person ( P ) unless MSD has first given P a written notice for the purposes…
Section 253 — Notice relates to single failure
253 Notice relates to single failure (1) A notice of a sanction given to a person ( P ) may specify more than 1 instance of failure. (2) Each specified instance may relate to the same obligation, or…
Section 254 — How notice of sanction may be given
254 How notice of sanction may be given (1) MSD may give a person ( P ) a section 252 notice— (a) by delivering it to P personally; or (b) by delivering it to P by electronic means (with the…
Section 255 — Breach of obligation in relation to dependent children: additional steps before notice may be given
255 Breach of obligation in relation to dependent children: additional steps before notice may be given MSD must not give a person ( P ) a section 252 notice in relation to a failure to comply with…
Section 256 — When reduction, suspension, or cancellation of benefit takes effect
256 When reduction, suspension, or cancellation of benefit takes effect The reduction, suspension, or cancellation of a benefit under section 232 must not take effect before the close of the 5…
Section 257 — Request for evidential drug test if sanction imposed for failing screening drug test
257 Request for evidential drug test if sanction imposed for failing screening drug test (1) A person ( P ) who has failed a screening drug test and has been given a section 252 notice (the section…
Section 258 — Effect of request for evidential drug test
258 Effect of request for evidential drug test (1) A request by a person ( P ) for an evidential drug test that complies with the requirements set out in section 257(2) has the following effect until…
Section 259 — Effect of failure of evidential drug test
259 Effect of failure of evidential drug test Failure of an evidential drug test that is requested by a person under section 257 must be treated for the purposes of section 233(d) as a new failure of…
Section 260 — Costs of evidential drug test
260 Costs of evidential drug test (1) MSD must pay the actual and reasonable costs incurred by a drug-testing provider in doing an evidential drug test arranged by MSD in accordance with a request…
Section 261 — How person recomplies after failure to comply with obligation
261 How person recomplies after failure to comply with obligation (1) A person ( P ) recomplies after a failure to comply with an obligation if P remedies the failure. (2) If a section 252 notice…
Section 262 — Impossibility of remedying failure of work-test obligation
262 Impossibility of remedying failure of work-test obligation If it is impossible to remedy a failure to comply with a work-test obligation, a person ( P ) recomplies if P undertakes, to MSD’s…
Section 263 — How person recomplies after failure to comply with drug-testing obligation
263 How person recomplies after failure to comply with drug-testing obligation (1) In this section, drug test failure means a failure by a person ( P ) to comply with a drug-testing obligation. (2)…
Section 264 — Drug testing for purposes of recompliance
264 Drug testing for purposes of recompliance (1) A person ( P ) who has given an undertaking under section 263(3) must comply with both subsections (2) and (3). (2) Within 25 working days after the…
Section 265 — Failure of drug test for purposes of recompliance constitutes third failure
265 Failure of drug test for purposes of recompliance constitutes third failure A person who fails a drug test stated in section 264(2) (a) or (b) must be treated, for purposes of the imposition of a…
Section 266 — Costs of drug testing for purposes of recompliance
266 Costs of drug testing for purposes of recompliance (1) MSD must pay the actual and reasonable costs of a drug test undertaken on only 1 occasion in accordance with section 264(2) . (2) Those…
Section 267 — Case management support for beneficiary in breach of obligation in relation to dependent children
267 Case management support for beneficiary in breach of obligation in relation to dependent children (1) This section applies if a sanction has been imposed on a person ( P ) for failure to comply…
Section 268 — Failure, and first, second, and third failure, defined for young person or young parent obligations
268 Failure, and first, second, and third failure, defined for young person or young parent obligations In this subpart,— failure means a failure to comply with a young person obligation or a young…
Section 269 — Sanction for failure to comply with young person obligation
269 Sanction for failure to comply with young person obligation The sanction for failure to comply with a young person obligation depends on whether the failure is a first or second failure or a…
Section 270 — Sanction for first or second failure: suspension of in-hand allowance and incentive payments
270 Sanction for first or second failure: suspension of in-hand allowance and incentive payments (1) This section applies if MSD is satisfied that a young person ( P ) who is receiving a youth…
Section 271 — Sanction for third failure: cancellation of youth payment and incentive payments
271 Sanction for third failure: cancellation of youth payment and incentive payments (1) This section applies if MSD is satisfied that a young person ( P ) who is receiving a youth payment has,…
Section 272 — Effect of cancellation of youth payment on accommodation supplement or temporary additional support
272 Effect of cancellation of youth payment on accommodation supplement or temporary additional support (1) The cancellation under section 271(2) of the youth payment payable to a young person ( P )…
Section 273 — Effect of cancellation of youth payment on emergency benefit
273 Effect of cancellation of youth payment on emergency benefit A young person whose youth payment is cancelled under section 271(2) is not entitled to receive an emergency benefit. Compare: 1964 No…
Section 274 — Effect of cancellation of youth payment on disability allowance or child disability allowance
274 Effect of cancellation of youth payment on disability allowance or child disability allowance Despite the cancellation under section 271(2) of the youth payment payable to a young person ( P ), P…
Section 275 — Sanctions for failure by young person required to receive youth services to comply with obligations: money management
275 Sanctions for failure by young person required to receive youth services to comply with obligations: money management (1) This section applies to a young person— (a) who has been required to…
Section 276 — Sanctions for failure by young person required to receive youth services to comply with obligations: other cases
276 Sanctions for failure by young person required to receive youth services to comply with obligations: other cases (1) This section applies to a young person— (a) who has been required to receive…
Section 277 — Sanctions for failure by young spouse or partner of specified beneficiary to comply with obligations: money management
277 Sanctions for failure by young spouse or partner of specified beneficiary to comply with obligations: money management (1) This section applies to a young person— (a) who is— (i) aged 16 or 17…
Section 278 — Sanctions for failure by young spouse or partner of specified beneficiary to comply with obligations: other cases
278 Sanctions for failure by young spouse or partner of specified beneficiary to comply with obligations: other cases (1) This section applies to a young person— (a) who is— (i) aged 16 or 17 years,…
Section 279 — Sanction for failure to comply with young parent obligation
279 Sanction for failure to comply with young parent obligation The sanction for failure to comply with a young parent obligation depends on whether the failure is a first or second failure or a…
Section 280 — Sanction for first or second failure: suspension of in-hand allowance and incentive payments
280 Sanction for first or second failure: suspension of in-hand allowance and incentive payments (1) This section applies if MSD is satisfied that a young person ( P ) who is receiving a young parent…
Section 281 — Sanction for third failure: cancellation of young parent payment and incentive payments
281 Sanction for third failure: cancellation of young parent payment and incentive payments (1) This section applies if MSD is satisfied that a young person ( P ) who is receiving a young parent…
Section 282 — Effect of cancellation of young parent payment
282 Effect of cancellation of young parent payment (1) On cancellation of P’s young parent payment under section 281(2) ,— (a) P is not entitled to receive any main benefit under this Act for 13…
Section 283 — Effect of cancellation of young parent payment on accommodation supplement or temporary additional support
283 Effect of cancellation of young parent payment on accommodation supplement or temporary additional support (1) The cancellation under section 281(2) of the young parent payment payable to a young…
Section 284 — Effect of cancellation of young parent payment on emergency benefit
284 Effect of cancellation of young parent payment on emergency benefit A young person whose young parent payment is cancelled under section 281(2) is not entitled to receive an emergency benefit.…
Section 285 — Effect of cancellation of young parent payment on disability allowance or child disability allowance
285 Effect of cancellation of young parent payment on disability allowance or child disability allowance Despite the cancellation under section 281(2) of the young parent payment payable to a young…
Section 286 — How young person satisfies obligation after failure to comply
286 How young person satisfies obligation after failure to comply For the purposes of sections 270 , 271 , 280 , and 281 , a young person ( P ) satisfies an obligation after failure to comply if— (a)…
Section 287 — Procedure for imposing sanctions for failure to comply with young person or young parent obligation
287 Procedure for imposing sanctions for failure to comply with young person or young parent obligation Sections 240 to 242 (how number of failures is counted) and sections 252 to 256 (procedure for…
Section 288 — Effect of regrant of youth payment on incentive payment
288 Effect of regrant of youth payment on incentive payment If a young person whose youth support payment has been cancelled under section 271(2) or 281(2) is again granted a youth support payment,—…
Section 289 — MSD may cancel incentive payment
289 MSD may cancel incentive payment (1) MSD may cancel an incentive payment if satisfied that the young person concerned has intentionally acted in a way that is inconsistent with the purpose for…
Section 290 — Offences: false statements, misleading, or attempting to mislead, to receive or continue to receive benefits
290 Offences: false statements, misleading, or attempting to mislead, to receive or continue to receive benefits (1) A person ( P ) commits an offence if— (a) P makes a statement knowing that it is…
Section 291 — Offences: spouse or partner knowingly benefiting from excess amount obtained by beneficiary’s fraud
291 Offences: spouse or partner knowingly benefiting from excess amount obtained by beneficiary’s fraud (1) A person (the spouse or partner ) commits an offence if the person— (a) is a spouse or…
Section 292 — Offence of demanding or accepting fee or other consideration in relation to grant of benefit
292 Offence of demanding or accepting fee or other consideration in relation to grant of benefit A person commits an offence if the person demands or accepts from any applicant for a benefit or from…
Section 293 — Offence of demanding or accepting acknowledgement or undertaking
293 Offence of demanding or accepting acknowledgement or undertaking (1) A person commits an offence if the person demands or accepts from a beneficiary an acknowledgment or undertaking where that…
Section 294 — General penalty for offences
294 General penalty for offences (1) This section applies to a person who commits an offence against this Act or any regulations made under this Act for which no penalty is provided elsewhere than in…
Section 295 — Time for filing charging document
295 Time for filing charging document (1) The limitation period in respect of an offence against this Act or any regulations made under this Act ends on the date that is 12 months after the date on…
Section 296 — What this Part does
296 What this Part does This Part contains provisions on the following matters: (a) how to apply for a benefit, how MSD inquires into a claim for a benefit, and the granting of a benefit: (b) reviews…
Section 297 — Application for benefit: making of, help with, lapse, and deemed receipt
297 Application for benefit: making of, help with, lapse, and deemed receipt (1) An application for a benefit must be completed, may be assisted, may lapse, and is taken to have been received for…
Section 298 — MSD must inquire into claim for benefit
298 MSD must inquire into claim for benefit (1) MSD must inquire into every claim for a benefit made by or on behalf of an applicant for a benefit. (2) Subsection (1) is subject to— (a) section 299…
Section 299 — Exception during epidemic
299 Exception during epidemic (1) This subsection applies to any period comprising— (a) the period when a domestic epidemic management notice is in force; and (b) a period after the notice expires…
Section 300 — Information gathering, disclosure, and matching
300 Information gathering, disclosure, and matching (1) Provisions on information gathering, disclosure, and matching are set out in Schedule 6 . (2) Rights of complaint are given by the following…
Section 301 — MSD decides whether to grant benefit
301 MSD decides whether to grant benefit MSD must, after a claim for a benefit is made (and, if applicable, inquired into under section 298 ), decide whether to grant the benefit. Compare: 1964 No…