Commonwealth Consolidated Acts Commonwealth Consolidated ActsSocial Security (Administration) Act 1999
1 At the end of paragraph 37(2)(b)
Add:
; or (vi) the operation of section 615 of the 1991 Act.
2 At the end of paragraph 37(6)(b)
Add:
; or (vi) if the claim is a claim for youth allowance--the operation of section 547AA of the 1991 Act.
3 Subsection 63(1)
Repeal the subsection, substitute:
(1) This section applies to a person if:
(a) the person is receiving, or has made a claim for, a social security payment; or
(b) the Department is contacted by or on behalf of the person in relation to a claim for:
(i) if the person is not undertaking full - time study and is not a new apprentice--a youth allowance; or
(ii) in any case--a newstart allowance;
to be paid to the person; or
(c) the person is the holder of, or has made a claim for, a concession card.
However, this section does not apply to a person to whom section 64 applies.
Note 1: For undertaking full - time study see section 541B of the 1991 Act.
Note 2: For new apprentice see subsection 23(1) of the 1991 Act.
4 Subsection 63(2)
Omit "give the person written notice", substitute "notify the person".
5 Paragraph 63(4)(b)
Omit "gives the person a notice", substitute "notifies the person".
6 Paragraph 63(6)(b)
Omit "gives the person a notice", substitute "notifies the person".
7 Subsection 63(7)
Omit "give a person a notice", substitute "notify a person".
8 Subsection 63(11)
Omit "notice under subsection ( 2) or a notification under subsection ( 3)", substitute "notification under subsection ( 2) or (3)".
9 At the end of section 80
Add:
(4) A reference in this section to a social security payment being, or having been, paid includes a reference to:
(a) if the social security payment is a youth allowance--the youth allowance being payable but for the operation of section 547AA; or
(b) if the social security payment is a newstart allowance--the newstart allowance being payable but for the operation of section 615.
10 Subclause 5(2) of Schedule 2 (at the end of the definition of exclusion period )
Add:
; and (e) if the payment is a youth allowance or newstart allowance--a period during which the payment is not payable because of the operation of section 547AA or 615 of the 1991 Act.
Part 2 -- Disability support pension
Social Security (Administration) Act 1999
11 Paragraph 96(1)(a)
Omit "30", substitute "15".
12 After subsection 96(3)
Insert:
(3A) If:
(a) the Secretary makes a determination under subsection ( 1) or (3) suspending a person's disability support pension; and
(b) within 2 years from the date of effect of the determination, the Secretary reconsiders the decision to suspend; and
(c) as a result of the reconsideration, the Secretary is satisfied that the person is not receiving disability support pension that is payable to the person;
the Secretary is to determine that the disability support pension is payable to the person.
(3B) The reconsideration referred to in paragraph ( 3A)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary's own initiative.
Note: The heading to section 96 is replaced by the heading " Disability support pension--suspension instead of cancellation under section 93 ".
13 Paragraph 97(1)(a)
Omit "30", substitute "15".
14 After section 97
Insert:
(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 she obtained paid work that was for at least 30 hours per week; and
(c) the person subsequently informs the Secretary that he or she has obtained that work; and
(d) the person's disability support pension was cancelled under section 94 because of that work; and
(e) within the period of 2 years and 14 days after the person ceased to be qualified for the disability support pension, the person ceases to do work of the kind referred to in paragraph ( b);
the Secretary may determine that:
(f) the person is to be treated as if section 94 had not applied to the person's disability support pension; and
(g) the person's disability support pension is suspended from the day on which the person ceased to be qualified for the pension.
However, this subsection ceases to apply to a transitional DSP applicant from the date of effect of the first decision about the person's capacity to perform work made on or after 1 July 2006 following a review of the person's capacity to perform work.
(2) If:
(a) subsection ( 1) does not apply, or has ceased to apply, to a person; and
(b) the person ceased to be qualified for disability support pension because he or she obtained paid work that is for at least 15 hours per week; and
(c) the person subsequently informs the Secretary that he or she has obtained that work; and
(d) the person's disability support pension was cancelled under section 94 because of that work; and
(e) within the period of 2 years and 14 days after the person ceased to be qualified for the disability support pension, the person ceases to do work of the kind referred to in paragraph ( b);
the Secretary may determine that:
(f) the person is to be treated as if section 94 had not applied to the person's disability support pension; and
(g) the person's disability support pension is suspended from the day on which the person ceased to be qualified for the pension.
(3) Neither subsection ( 1) nor (2) applies to a person if:
(a) the Secretary gives written notice to the person that the person is no longer qualified for disability support pension; and
(b) the Secretary's notice is given before the person informs the Secretary that the person has obtained work.
(4) If:
(a) the Secretary makes a determination under subsection ( 1) or (2) suspending a person's disability support pension; and
(b) the determination continues in force throughout the period (or the balance of the period) of 2 years and 14 days after its date of effect;
then, at the end of that period (or the balance of that period), the determination granting the person disability support pension is, by force of this subsection, revoked.
(5) If:
(a) the Secretary makes a determination under subsection ( 1) or (2) suspending a person's disability support pension; and
(b) the person's partner had ceased to be qualified for wife pension or carer payment when the person ceased to be qualified for disability support pension for the reason mentioned in paragraph ( 1)(b) or (2)(b);
the Secretary may determine that the partner is to be treated as if the partner's wife pension or carer payment, as the case may be, had not been cancelled but had been suspended for the period of the suspension of the person's disability support pension.
(6) If:
(a) the Secretary makes a determination under subsection ( 1) or (2) suspending a person's disability support pension; and
(b) within 2 years and 14 days from the date of effect of the determination, the Secretary reconsiders the decision to suspend; and
(c) as a result of the reconsideration, the Secretary is satisfied that the person is not receiving disability support pension that is payable to the person;
the Secretary is to determine that the disability support pension is payable to the person.
(7) The reconsideration referred to in paragraph ( 6)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary's own initiative.
(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 the income, or increased income, earned by the person from his or her employment; and
(b) the person subsequently informs the Secretary of that income or increased income; and
(c) the person's disability support pension was cancelled under section 94 because the pension ceased to be payable to the person for the reason mentioned in paragraph ( a); and
(d) within the period of 2 years and 14 days after the pension ceased to be payable, the income the person earned from his or her employment is reduced to a rate that would not preclude the person from receiving disability support pension;
the Secretary may determine that:
(e) the person is to be treated as if section 94 had not applied to the person's disability support pension; and
(f) the person's disability support pension is suspended from the day on which the pension ceased to be payable to the person.
(2) Subsection ( 1) does not apply to a person if:
(a) the Secretary gives written notice to the person that the person is no longer qualified for disability support pension; and
(b) the Secretary's notice is given before the person informs the Secretary of the person's income or increased income.
(3) If:
(a) the Secretary makes a determination under subsection ( 1) suspending a person's disability support pension; and
(b) the determination continues in force throughout the period (or the balance of the period) of 2 years and 14 days after its date of effect;
then, at the end of that period (or the balance of that period), the determination granting the person disability support pension is, by force of this subsection, revoked.
(4) If:
(a) the Secretary makes a determination under subsection ( 1) suspending a person's disability support pension; and
(b) the person's partner had ceased to be qualified for wife pension or carer payment when disability support pension ceased to be payable to the person for the reason mentioned in paragraph ( 1)(a);
the Secretary may determine that the partner is to be treated as if the partner's wife pension or carer payment, as the case may be, had not been cancelled but had been suspended for the period of the suspension of the person's disability support pension.
(5) If:
(a) the Secretary makes a determination under subsection ( 1) suspending a person's disability support pension; and
(b) within 2 years and 14 days from the date of effect of the determination, the Secretary reconsiders the decision to suspend; and
(c) as a result of the reconsideration, the Secretary is satisfied that the person is not receiving disability support pension that is payable to the person;
the Secretary is to determine that the disability support pension is payable to the person.
(6) The reconsideration referred to in paragraph ( 5)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary's own initiative.
15 Application and transitional provisions--items 11 and 13
(1) The amendments of the Social Security (Administration) Act 1999 made by items 11 and 13 of this Schedule apply in relation to any claim, and any payment of pension as a result of such a claim, by a person for a disability support pension made on or after 1 July 2006.
(2) Subject to subitem ( 3), the Social Security (Administration) Act 1999 applies to any claim by a person for a disability support pension made before 1 July 2006, and any payment of pension as a result of such a claim, as if the amendments referred to in subitem ( 1) had not been made.
(3) If:
(a) on or after 1 July 2006, a notice under subsection 63(2) or 64(2) of the Social Security (Administration) Act 1999 is given to a person who made a claim for a disability support pension on or after 11 May 2005 and before 1 July 2006; and
(b) under the notice, the person is required to undertake a specified activity for the purpose of reviewing his or her capacity to perform work;
then, the amendments of the Social Security (Administration) Act 1999 referred to in subitem ( 1) apply to the person from the date of the notice.
16 Application provision--item 12
The amendment of the Social Security (Administration) Act 1999 made by item 12 of this Schedule apply in relation to determinations under subsection 96(1) or (3) of that Act whose date of effect is on or after 1 July 2006.
17 Application provision--item 14
The amendment of the Social Security (Administration) Act 1999 made by item 14 of this Schedule applies in relation to persons whose disability support pension is cancelled, with effect on or after 1 July 2006.
Social Security (Administration) Act 1999
18 Subsection 131(2)
Repeal the subsection.
19 Sections 132A to 134A
Repeal the sections.
20 Sections 146A to 148A
Repeal the sections.
Social Security (Administration) Act 1999
21 Subsection 63(2)
Omit ", other than a person to whom subsection ( 3) applies,".
22 Subsections 63(3) and (3A)
Repeal the subsections.
23 Subsection 63(4)
Omit all the words after paragraph ( d), substitute:
the payment that the person is receiving or has claimed is not payable.
24 Subsections 63(5) and (5A)
Repeal the subsections, substitute:
(5) Subsection ( 4) does not apply if:
(a) the social security payment is a parenting payment and the notification under subsection ( 2) included a statement to the effect that a failure to comply with the requirement could constitute a parenting payment participation failure; or
(b) the social security payment is a youth allowance and the notification under subsection ( 2) included a statement to the effect that a failure to comply with the requirement could constitute a youth allowance participation failure; or
(c) the social security payment is an austudy payment and the notification under subsection ( 2) included a statement to the effect that a failure to comply with the requirement could constitute an austudy participation failure; or
(d) the social security payment is a newstart allowance and the notification under subsection ( 2) included a statement to the effect that a failure to comply with the requirement could constitute a newstart participation failure; or
(e) the social security payment is a special benefit and the notification under subsection ( 2) included a statement to the effect that a failure to comply with the requirement could constitute a special benefit participation failure.
Note: Failure by a recipient of, or claimant for, one of these payments to comply with a requirement notified under subsection ( 2) may result in the payment not being payable to the person: see sections 500ZB, 500ZE, 550B, 551, 576A, 577, 626, 629, 742 and 745 of the 1991 Act.
25 Saving provision relating to administrative breaches
(1) If:
(a) as a result of an administrative breach committed by the person before the commencement of this item, an administrative breach rate reduction period applied to the person under subsection 63(5) of the Social Security (Administration) Act 1999 ; and
(b) on that commencement, the administrative breach rate reduction period had not ended;
the administrative breach rate reduction period continues to apply to the person after that commencement as if that subsection had not been repealed by this Act.
(2) In this item:
administrative breach means any non - compliance by the person as a result of which an administrative breach rate reduction period applied to the person, before the commencement of this item, under subsection 63(5) of the Social Security (Administration) Act 1999 .
26 Subsection 63(8)
Repeal the subsection.
27 Subsection 63(9)
Repeal the subsection, substitute:
(9) The Secretary may determine that a social security payment that was not payable because of subsection ( 4) is payable to a person if the Secretary is satisfied that the person had a reasonable excuse for not complying with the requirement under subsection ( 2).
28 Subsection 64(1)
Repeal the subsection, substitute:
(1) This section applies to a person if:
(a) the person is receiving, or has claimed, a disability support pension, parenting payment, youth allowance, newstart allowance, sickness allowance, special benefit, or mobility allowance; or
(b) the Department is contacted by or on behalf of the person in relation to a claim for youth allowance or newstart allowance to be paid to the person.
29 Subsection 64(2)
Omit "give the person written notice", substitute "notify the person".
30 Subsection 64(3)
Omit "give a person notice", substitute "notify a person".
31 Paragraph 64(4)(a)
Omit "gives a person a notice ", substitute " notifies a person ".
32 Subsection 64(4)
Omit all the words after paragraph ( c), substitute:
the payment that the person is receiving or has claimed is not payable.
33 Saving provision relating to administrative breaches
(1) If:
(a) as a result of an administrative breach committed by the person before the commencement of this item, an administrative breach rate reduction period applied to the person under subsection 64(4) of the Social Security (Administration) Act 1999 ; and
(b) on that commencement, the administrative breach rate reduction period had not ended;
the administrative breach rate reduction period continues to apply to the person after that commencement as if that subsection had not been amended by this Act.
(2) In this item:
administrative breach means any non - compliance by the person as a result of which an administrative breach rate reduction period applied to the person, before the commencement of this item, under subsection 64(4) of the Social Security (Administration) Act 1999 .
34 After subsection 64(4)
Insert:
(4A) Subsection ( 4) does not apply if:
(a) the social security payment is a parenting payment and the notification under subsection ( 2) included a statement to the effect that a failure to comply with the requirement could constitute a parenting payment participation failure; or
(b) the social security payment is a youth allowance and the notification under subsection ( 2) included a statement to the effect that a failure to comply with the requirement could constitute a youth allowance participation failure; or
(c) the social security payment is an austudy payment and the notification under subsection ( 2) included a statement to the effect that a failure to comply with the requirement could constitute an austudy participation failure; or
(d) the social security payment is a newstart allowance and the notification under subsection ( 2) included a statement to the effect that a failure to comply with the requirement could constitute a newstart participation failure; or
(e) the social security payment is a special benefit and the notification under subsection ( 2) included a statement to the effect that a failure to comply with the requirement could constitute a special benefit participation failure.
Note: Failure by a recipient of, or claimant for, one of these payments to comply with a requirement notified under subsection ( 2) may result in the payment not being payable to the person: see sections 500ZB, 500ZE, 550B, 551, 576A, 577, 626, 629, 742 and 745 of the 1991 Act.
35 Subsection 64(5)
Omit "notice", substitute "notification".
36 After subsection 80(3)
Insert:
(3A) Subsection (1) does not authorise the Secretary to make a determination that cancels the payment of a parenting payment, youth allowance, austudy payment, newstart allowance or special benefit to a person if:
(a) paragraph (1)(a) does not apply to the person; and
(b) paragraph (1)(b) applies only because of the application of a compliance penalty period.
37 At the end of section 109
Add:
(6) This section does not apply to determinations to which section 110A applies.
38 At the end of section 110
Add:
(12) This section does not apply to determinations to which section 110A applies.
39 After section 110
Insert:
If:
(a) a favourable determination is made under section 85 resuming payment of a parenting payment, youth allowance, austudy payment, newstart allowance or special benefit the payment of which had been suspended under section 80; and
(b) the payment had been suspended because it was not payable because of:
(i) section 500ZB or 500ZE of the 1991 Act (if the payment was a parenting payment); or
(ii) section 550B or 551 of that Act (if the payment was a youth allowance); or
(iii) section 576A or 577 of that Act (if the payment was an austudy payment); or
(iv) section 626 or 629 of that Act (if the payment was a newstart allowance); or
(v) section 742 or 745 of that Act (if the payment was a special benefit);
the determination takes effect, or is taken to have taken effect, on the day after the end of the period for which the payment, allowance or benefit is not payable because of that section.
40 Subsection 114(1)
Omit "neither section 109 nor section 110 applies", substitute "none of sections 109, 110 and 110A apply".
41 Paragraph 118(11)(a)
After "section", insert "80,".
42 After subsection 118(12B)
Insert:
(12C) If:
(a) an adverse determination is made under section 80 suspending the payment of a parenting payment, youth allowance, austudy payment, newstart allowance or special benefit to a person; and
(b) the determination was made because of the application of:
(i) section 500ZB or 500ZE of the 1991 Act (if the payment is a parenting payment); or
(ii) section 550B or 551 of that Act (if the payment is a youth allowance); or
(iii) section 576A or 577 of that Act (if the payment is an austudy payment); or
(iv) section 626 or 629 of that Act (if the payment is a newstart allowance); or
(v) section 742 or 745 of that Act (if the payment is a special benefit);
the determination is taken to have taken effect on the day of the start of the period for which the payment, allowance or benefit is not payable because of that section.
(12D) However, subsection ( 12C) does not apply to an adverse determination if the determination would take effect on an earlier day under another provision of this Act.
Part 5 -- Information exchange
Social Security (Administration) Act 1999
43 After subsection 202(2)
Insert:
(2A) A person engaged (whether as an employee or otherwise) by a service organisation may:
(a) obtain protected information; or
(b) make a record of protected information; or
(c) disclose protected information to another person; or
(d) otherwise use protected information;
if the person believes, on reasonable grounds, that the obtaining, recording, disclosure or use that is proposed to be made of the information by the person is reasonably necessary for one or more of the purposes specified in subsection ( 2B).
Note: In addition to the requirements of this section, information disclosed under this section must be dealt with in accordance with section 14 of the Privacy Act 1988 .
(2B) The purposes for which the person may obtain, record, disclose or use protected information are as follows:
(a) facilitating access by a service recipient to a work - related service provided by a service organisation;
(b) facilitating efficient and effective delivery of a work - related service by a service organisation;
(c) facilitating efficient and effective performance of duties or exercise of functions relating to the provision of work - related services by a service organisation;
(d) facilitating efficient and effective administration by the Commonwealth of one or more of the matters mentioned in paragraphs ( a), (b) or (c) (for example, payments to service organisations by the Commonwealth);
(e) any other purpose determined by the Secretary under subsection ( 2E).
(2C) A person may:
(a) obtain protected information; or
(b) make a record of protected information; or
(c) disclose protected information to another person; or
(d) otherwise use protected information;
if the Secretary believes, on reasonable grounds, that the obtaining, recording, disclosure or use that is proposed to be made of the information by the person is reasonably necessary for one or more of the following purposes:
(e) research into matters of relevance to a Department that is administering any part of the social security law;
(f) statistical analysis of matters of relevance to a Department that is administering any part of the social security law;
(g) policy development.
(2D) In this section:
"service organisation" means:
(a) an Agency (within the meaning of the Public Service Act 1999 ); or
(b) another authority of the Commonwealth; or
(c) an organisation that performs services for the Commonwealth.
"service recipient" means a person:
(a) who is receiving a social security payment, benefit or allowance; or
(b) who has made a claim for a social security payment, benefit or allowance; or
(c) who has contacted the Department about the receipt of, or an existing or future claim for, a social security payment, benefit or allowance; or
(d) on whose behalf another person, with the person's authority, has contacted the Department about any of the matters mentioned in paragraphs ( a) to (c) relating to the person.
"work-related service" means a service of the following kind:
(a) assessment of the capacity to work of a service recipient;
(b) assistance given to a service recipient with the purpose of preparing the service recipient to seek or undertake work;
(c) placement of a service recipient in a position of employment;
(d) a service of a kind determined by the Secretary under subsection ( 2E).
(2E) The Secretary may, by legislative instrument, determine either or both of the following:
(a) that a specified purpose that is related to a matter mentioned in paragraphs ( 2B)(a) to (d) is a purpose for which the person may obtain, record, disclose or use protected information under subsection ( 2A);
(b) services of a specified kind are work - related services for the purposes of this section.
44 Subsection 234(7)
Repeal the subsection, substitute:
(7) Without limiting the operation of the definition of officer in subsection 23(1), in this section officer includes a person engaged (whether as an employee or otherwise) by:
(a) an Agency (within the meaning of the Public Service Act 1999 ); or
(b) another authority of the Commonwealth; or
(c) an organisation that performs services for the Commonwealth;
but does not include the CEO or an employee of the Agency.
45 Saving provision
A delegation in force under section 234 of the Social Security (Administration) Act 1999 immediately before the commencement of item 45 continues to have effect after that commencement as if it were a delegation under that section as amended by this Act.
Part 6 -- Seasonal work preclusion period
Social Security (Administration) Act 1999
46 At the end of subsection 37(4)
Add:
; (h) disability support pension;
(i) sickness allowance;
(j) carer payment;
(k) austudy payment.
47 Application provision
The amendment made by this Part applies in relation to claims for social security payments made on or after 20 September 2006.