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SOCIAL SECURITY ACT 1991 - SECT 1061ZA

General qualification rules

  (1)   Subject to subsection   (3), a person is qualified for a pensioner concession card on a day if a social security pension is payable to the person for that day.

  (1A)   Paragraph   (1)(a) does not apply to a carer payment payable to the person because the person is qualified for that payment for that day under section   197G or 197H or subsection   198AA(4) or (5) (whether or not because of section   197F).

  (1B)   Subject to subsection   (3), a person is qualified for a pensioner concession card on a day if:

  (a)   immediately before 1   January 2017, the person was receiving a social security pension; and

  (b)   the Secretary is satisfied that the rate of that pension was nil on 1   January 2017 because of the operation of the amendments made by Part   1 of Schedule   3 to the Social Services Legislation Amendment (Fair and Sustainable Pensions) Act 2015 ; and

  (c)   the person is not otherwise qualified for a pensioner concession card on that day.

  (2)   Subject to subsection   (3), a person is qualified for a pensioner concession card on a day (the qualification day ) if, on that day:

  (a)   the person has attained 55 years of age; and

  (b)   the person is receiving:

  (i)   jobseeker payment; or

  (iv)   benefit PP (partnered); or

  (vi)   special benefit; and

  (c)   the person has been receiving, for a continuous period of not less than 39 weeks ending immediately before the qualification day:

  (i)   one or more of the social security benefits referred to in paragraph   (b); or

  (ii)   a social security pension.

  (2A)   Subject to subsection   (3), a person is qualified for a pensioner concession card on a day if, on that day:

  (a)   the person is receiving a youth allowance; and

  (b)   the person is not undertaking full - time study and is not a new apprentice; and

  (c)   the person:

  (i)   has a partial capacity to work; or

  (ii)   is the principal carer of at least one child and is not a member of a couple.

Note 1:   For undertaking full - time study see section   541B.

Note 2:   For new apprentice see subsection   23(1).

Note 3:   For partial capacity to work see section   16B.

Note 4:   For principal carer see subsections   5(15) to (24). See also subsection   (2C) of this section.

  (2B)   Subject to subsection   (3), a person is qualified for a pensioner concession card on a day if, on that day:

  (a)   the person is receiving a jobseeker payment; and

  (b)   the person:

  (i)   has a partial capacity to work; or

  (ii)   is the principal carer of at least one child and is not a member of a couple; and

  (c)   the person is not qualified for a pensioner concession card under subsection   (2).

Note 1:   For partial capacity to work see section   16B.

Note 2:   For principal carer see subsections   5(15) to (24). See also subsection   (2C) of this section.

  (2C)   If a person is the principal carer of a child who dies, the person is taken, for the purposes of subparagraphs   (2A)(c)(ii) and (2B)(b)(ii), to continue to be the principal carer of the child during the period of 14 weeks that starts on the day of the child's death.

  (2D)   Subject to subsection   (3), a person is qualified for a pensioner concession card on a day if, on that day:

  (a)   the person is receiving a benefit PP (partnered); and

  (b)   the person has a partial capacity to work; and

  (c)   the person is not qualified for a pensioner concession card under subsection   (2).

Note:   For partial capacity to work see section   16B.

  (2E)   Subject to subsection   (3), a woman is qualified for a pensioner concession card on a day if, on that day:

  (a)   the woman is receiving a jobseeker payment; and

  (b)   the woman's jobseeker payment rate is worked out under section   654.

  (3)   Subject to subsections   (4) and (5), subsections   (1), (1B), (2), (2A), (2B), (2D) and (2E) only apply to a person in relation to a day on which the person is in Australia and is an Australian resident.

Note:   If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 6 weeks (see Division   4).

  (4)   In spite of subsection   (3), subsections   (1), (2), (2A), (2B) and (2D) apply to a person in relation to a day on which the person:

  (a)   is in Australia; and

  (b)   is receiving a social security pension or benefit solely because of the operation of the scheduled international social security agreement between Australia and New Zealand.

Note:   If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 6 weeks (see Division   4).

  (5)   In spite of subsection   (3), if:

  (a)   paragraphs   (1B)(a), (b) and (c) are satisfied in relation to a person; and

  (b)   the person was receiving the social security pension immediately before 1   January 2017 solely because of the operation of the scheduled international social security agreement between Australia and New Zealand;

subsection   (1B) applies to a person in relation to a day on which the person is in Australia.

Note:   If the person is temporarily absent from Australia, the person continues to be qualified for a pensioner concession card for a maximum period of up to 6 weeks (see Division   4).



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