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SOCIAL SECURITY ACT 1991 - SECT 1061ZUC

Extension cards

  (1)   This section applies if:

  (a)   a person qualifies for a concession card under the following section (the qualification section ):

  (i)   section   1061ZC, 1061ZCA, 1061ZCB, 1061ZD, 1061ZDA, 1061ZDB, 1061ZEB or 1061ZM;

  (ii)   section   1061ZEA as a result of the operation of subsection   1061ZEA(2A); and

  (b)   as a result of subsection   1061ZUB(1), the person's qualification for the card is not affected by a period of absence; and

  (c)   at the end of the period of 6 weeks mentioned in subsection   1061ZUB(2), the card is cancelled; and

  (d)   after that time, the person returns to Australia; and

  (e)   the person qualifies again for the card under the qualification section (and in the case of section   1061ZEA, the person qualifies as a result of the operation of subsection   1061ZEA(2A)); and

  (f)   the period for which the person was qualified under the qualification section has not yet ended.

  (2)   To avoid doubt, the person continues to qualify for the concession card until the end of the period for which the person was qualified under the qualification section (unless the person ceases to be qualified for the card at an earlier time).

 

Commonwealth Coat of Arms of Australia

Social Security Act 1991

No.   46, 1991

Compilation No.   222

Compilation date:   14   October 2024

Includes amendments:   Act No. 38, 2024

This compilation is in 6 volumes

Volume 1:   sections   1- 514F

Volume 2:   sections   540- 1061ZUC

Volume 3:   sections   1061ZVAA- 1157

Volume 4:   sections   1157A- 1263

  Schedule   1A

Volume 5:   Endnotes 1-4

Volume 6:   Endnote 5

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Social Security Act 1991 that shows the text of the law as amended and in force on 14   October 2024 (the compilation date ).

The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self - repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Chapter   2AA--Student start - up loans

Part   2AA.1--Introduction

1061ZVAA   Simplified outline of this Chapter

Part   2AA.2--Qualification for and amount of student start - up loan

1061ZVBA   Simplified outline of this Part

1061ZVBB   Qualification for student start - up loan

1061ZVBC   Circumstances in which person is not qualified for student start - up loan

1061ZVBD   Amount of student start - up loan

Part   2AA.3--Indebtedness

Division   1--Introduction

1061ZVCA   Simplified outline of this Part

Division   2--Incurring SSL debts

1061ZVDA   SSL debts

1061ZVDB   SSL debt discharged by death

1061ZVDC   Notice to Commissioner

Division   3--Working out accumulated SSL debts

1061ZVEA   Simplified outline of this Division

1061ZVEB   Stage 1--working out a former accumulated SSL debt

1061ZVEC   Stage 2--working out an accumulated SSL debt

1061ZVED   Rounding of amounts

1061ZVEE   Accumulated SSL debt discharges earlier debts

1061ZVEF   Accumulated SSL debt discharged by death

Part   2AA.4--Discharge of indebtedness

Division   1--Introduction

1061ZVFA   Simplified outline of this Part

1061ZVFB   Debts under this Chapter

Division   2--Voluntary discharge of indebtedness

1061ZVGA   Voluntary SSL repayments in respect of debts

1061ZVGB   Application of voluntary SSL repayments

1061ZVGC   Refunding of payments

Division   3--Compulsory discharge of indebtedness

Subdivision A--Liability to repay amounts

1061ZVHA   Liability to repay amounts

1061ZVHB   Repayable SSL debt for an income year

Subdivision B--Assessments

1061ZVHC   Commissioner may make assessments

1061ZVHD   Notification of notices of assessment of tax

1061ZVHE   Commissioner may defer making assessments

1061ZVHF   Commissioner may amend assessments

Part   2AA.5--Tax administration matters

1061ZVJA   Simplified outline of this Part

1061ZVJB   Verification of tax file numbers

1061ZVJC   When person with tax file number incorrectly notifies number

1061ZVJD   When person without tax file number incorrectly notifies number

1061ZVJE   When tax file numbers are altered

1061ZVJF   When tax file numbers are cancelled

1061ZVJG   Returns, assessments, collection and recovery

1061ZVJH   Charges and civil penalties for failing to meet obligations

1061ZVJJ   Pay as you go (PAYG) withholding

1061ZVJK   Pay as you go (PAYG) instalments

1061ZVJL   Administration of this Chapter

Chapter   2B--Student Financial Supplement Scheme

Part   2B.1--Establishment of scheme

Division   1--Preliminary

1061ZW   Object of this Chapter

1061ZX   Outline of the scheme

Division   2--Eligibility to obtain financial supplement

1061ZY   Eligibility to obtain financial supplement

1061ZZ   Category 1 student

1061ZZA   Category 2 student

1061ZZAA   Failure by person to comply with request to provide person's tax file number

1061ZZAB   Failure by person to comply with request to provide the tax file number of a parent of the person

Division   3--Decision and notice about eligibility to obtain financial supplement

1061ZZAC   Secretary's decision

1061ZZAD   Revocation or variation of decision after review

1061ZZAE   Transitional

Division   4--Agreements between Commonwealth and financial corporations

1061ZZAF   Applications for financial supplement

1061ZZAG   Agreements

Division   5--Application for financial supplement

1061ZZAH   When to apply

1061ZZAI   How to apply

1061ZZAJ   Changing an application

Division   6--Amount of financial supplement

Subdivision A--Category 1 students

1061ZZAK   Maximum amount of financial supplement

Subdivision B--Category 2 students

1061ZZAL   Change in eligibility period

1061ZZAM   Eligibility period (short course)

1061ZZAN   Eligibility period (no short course)

1061ZZAO   Maximum amount of financial supplement

Subdivision C--Provisions applying to both category 1 students and category 2 students

1061ZZAP   Minimum amount of financial supplement

1061ZZAQ   Person doing more than one course

Division   7--Trading in youth allowance, austudy payment or pensioner education supplement for financial supplement

1061ZZAR   Purpose of Division

1061ZZAS   Reduction of youth allowance, austudy payment or pensioner education supplement for financial supplement

Division   8--Obtaining or increasing financial supplement by trading back youth allowance, austudy payment or pensioner education supplement

Subdivision A--Purpose of Division

1061ZZAT   Purpose of Division

Subdivision B--When a person may repay youth allowance, austudy payment or pensioner education supplement to obtain or increase financial supplement

1061ZZAU   Election to repay youth allowance, austudy payment or pensioner education supplement

1061ZZAV   Timing of repayment

Subdivision C--Repayment

1061ZZAW   Effect of repayment

Division   9--Financial supplement contracts

Subdivision A--Making a contract for payment of financial supplement

1061ZZAX   Making a contract between person and participating corporation

1061ZZAY   Existing contracts

1061ZZAZ   Liability for money paid under a financial supplement contract

1061ZZBA   Validity of financial supplement contract

Subdivision B--When a financial supplement contract can be cancelled

1061ZZBB   Person has right to cancel financial supplement contract

1061ZZBC   How to cancel financial supplement contract

1061ZZBD   When to cancel financial supplement contract

1061ZZBE   Payments made during cooling off period

1061ZZBF   Person may waive right to cancel contract

1061ZZBG   How to waive right to cancel contract

1061ZZBH   When to waive right to cancel contract

Subdivision C--Financial supplement contract exempt from certain laws and taxes

1061ZZBI   Financial supplement contract exempt from certain laws and taxes

Division   10--Payment of financial supplement

1061ZZBJ   Payment by instalments

1061ZZBK   Rounding off

1061ZZBL   To whom instalments must be paid

1061ZZBM   Payment into bank account

Division   11--Protection of financial supplement

1061ZZBN   Financial supplement to be absolutely inalienable

1061ZZBO   Effect of garnishee or attachment order

Division   12--Obligations of category 2 students

Subdivision A--Statements about tax file numbers

1061ZZBP   Secretary may request person obtaining financial supplement to give statement of person's tax file number

1061ZZBQ   Secretary may request person obtaining financial supplement to give statement of parent's tax file number

Subdivision B--Notice of events or changes in circumstances

1061ZZBR   Secretary may give notice requiring information

1061ZZBS   Event or change relevant to payment

1061ZZBT   Formalities related to notice

1061ZZBU   Validity of notice

1061ZZBV   Period within which information to be given

1061ZZBW   Refusal or failure to comply with notice

1061ZZBX   Application overseas

Subdivision C--Notice about a matter relevant to payment of financial supplement

1061ZZBY   Secretary may give notice requiring statement on matter

1061ZZBZ   Formalities related to notice

1061ZZCA   Validity of notice

1061ZZCB   Period within which statement to be given

1061ZZCC   Statement must be in approved form

1061ZZCD   Refusal or failure to comply with notice

1061ZZCE   Application overseas

Division   13--Early repayments of financial supplement

Subdivision A--Calculation and notification of amount outstanding under financial supplement contract

1061ZZCF   Application of Subdivision

1061ZZCG   Calculation of amount outstanding under financial supplement contract before 1   June in the year after the year in which the contract was made

1061ZZCH   Calculation of amount outstanding under financial supplement contract at a later time

1061ZZCI   Notification of amount outstanding

Subdivision B--Person's rights to make repayments during contract period

1061ZZCJ   Person not required to, but may, make repayments during contract period

1061ZZCK   What happens if person makes an excess repayment

1061ZZCL   Amount repaid not to include certain amounts

1061ZZCM   How to work out discount

1061ZZCN   Effect of making a repayment during contract period

1061ZZCO   Rights and liabilities of participating corporation if repayment made

Subdivision C--What happens at the end of the contract period

1061ZZCP   Corporation's rights at end of contract period

1061ZZCQ   Termination notice

1061ZZCR   Secretary may give notice correcting information in previous notice

1061ZZCS   Person may request notice to be corrected

1061ZZCT   Effect of notices and requests

Part   2B.2--Payments of financial supplement under scheme to stop in certain circumstances

Division   1--Payments to stop at request of recipient

1061ZZCU   Person may ask for payment to stop

1061ZZCV   Effect of notice

Division   2--Payments to stop if the maximum amount of financial supplement is reduced to the amount already paid or a lesser amount

Subdivision A--Notice that payments are to stop

1061ZZCW   Secretary must give notice to person and corporation

1061ZZCX   Effect of notice

1061ZZCY   This Subdivision is subject to sections   1061ZZFS and 1061ZZFT

Subdivision B--Original amount paid because person failed to notify change of circumstances

1061ZZCZ   Secretary may give notice to person and corporation

1061ZZDA   Effect of notice

1061ZZDB   Transfer of corporation's rights to Commonwealth

1061ZZDC   Apportionment of financial supplement

1061ZZDD   Liability of Commonwealth to corporation

1061ZZDE   Liability of person to Commonwealth

1061ZZDF   This Subdivision not to affect Subdivision A

Subdivision C--Original amount paid because of false or misleading information

1061ZZDG   Secretary may give notice to person and corporation

1061ZZDH   Effect of notice

1061ZZDI   Transfer of corporation's rights to Commonwealth

1061ZZDJ   Apportionment of financial supplement

1061ZZDK   Liability of Commonwealth to corporation

1061ZZDL   Liability of person to Commonwealth

1061ZZDM   This Subdivision not to affect Subdivision A

Division   3--Payments to stop if person ceases to be eligible to obtain financial supplement

Subdivision A--Notice that payments are to stop

1061ZZDN   Secretary must give notice to person and corporation

1061ZZDO   Effect of notice

1061ZZDP   This Subdivision is subject to sections   1061ZZFS and 1061ZZFT

Subdivision B--Financial supplement paid because person failed to notify change of circumstances

1061ZZDQ   Secretary may give notice to person and corporation

1061ZZDR   Effect of notice

1061ZZDS   Transfer of corporation's rights to Commonwealth

1061ZZDT   Apportionment of financial supplement

1061ZZDU   Liability of Commonwealth to corporation

1061ZZDV   Liability of person to Commonwealth

1061ZZDW   This Subdivision not to affect Subdivision A

Division   4--Payments to stop if person is found never to have been eligible to obtain financial supplement

Subdivision A--Notice that payments are to stop

1061ZZDX   Secretary must give notice to person and corporation

1061ZZDY   Effect of notice

1061ZZDZ   This Subdivision is subject to sections   1061ZZFS and 1061ZZFT

Subdivision B--Financial supplement paid because of false or misleading information

1061ZZEA   Secretary may give notice to person and corporation

1061ZZEB   Effect of notice

1061ZZEC   Transfer of corporation's rights to Commonwealth

1061ZZED   Liability of Commonwealth to corporation

1061ZZEE   Liability of person

1061ZZEF   Definitions

1061ZZEG   This Subdivision not to affect Subdivision A

Division   5--Payments to stop if person dies

1061ZZEH   Secretary may give notice to corporation if other party to contract dies

1061ZZEI   Effect of notice

1061ZZEJ   Discharge of corporation's liability

1061ZZEK   Transfer of corporation's rights to Commonwealth

1061ZZEL   Liability of Commonwealth to corporation

1061ZZEM   Discharge of person's liability

Part   2B.3--Repayment of financial supplement through taxation system after termination date

Division   1--Purpose and application of Part

1061ZZEN   Purpose and application of Part

1061ZZENA   Extent of Commissioner of Taxation's general administration of this Part

Division   2--FS debt and accumulated FS debt

1061ZZEO   FS debt owed by person

1061ZZEP   How to work out FS debt

1061ZZEQ   Accumulated FS debt incurred by person

1061ZZER   How to work out accumulated FS debt

1061ZZES   Adjusted accumulated FS debt

1061ZZET   Indexation factor

1061ZZEU   Accumulated FS debt discharges earlier debts

Division   3--Information to be given to Commissioner of Taxation

1061ZZEV   Secretary to give notice to Commissioner of Taxation

1061ZZEW   Secretary to give further notice to Commissioner of Taxation

1061ZZEX   Secretary to give certificate to Commissioner of Taxation

Division   4--Voluntary repayments of FS debts

1061ZZEY   Voluntary repayments of FS debts

1061ZZEYA   Refunding of payments

Division   5--Compulsory repayments in respect of accumulated FS debt

1061ZZEZ   Compulsory payments in respect of accumulated FS debt

1061ZZFA   Repayment income

1061ZZFB   Minimum repayment income

1061ZZFC   Repayable debt for an income year

1061ZZFD   Amounts payable to the Commonwealth

Division   6--Application of tax legislation

1061ZZFG   Application of tax legislation

1061ZZFGA   Charges and administrative penalties for failing to meet obligations

1061ZZFGB   Pay as you go (PAYG) withholding

1061ZZFGD   Pay as you go (PAYG) instalments

Division   7--Assessments

1061ZZFH   Commissioner of Taxation may make assessment

1061ZZFI   Notice of assessment may be served

Division   8--Commissioner of Taxation may delay assessment

1061ZZFJ   Commissioner of Taxation may delay assessment

1061ZZFK   Commissioner of Taxation may amend assessment

1061ZZFL   When Commissioner of Taxation must make decision to delay or amend assessment

Division   9--Review of Commissioner of Taxation's decision

1061ZZFM   Application to ART

Division   10--Treatment of payments under financial supplement scheme

1061ZZFN   Payments not subject to taxation

1061ZZFO   Application of payments

1061ZZFP   Debt discharged by death

Part   2B.4--Miscellaneous

Division   1--Application of the Bankruptcy Act 1966

1061ZZFQ   Application of Division

1061ZZFR   Treatment of debt

Division   2--Review of decisions

1061ZZFS   What happens if a decision of the Secretary is set aside

1061ZZFT   What happens if a decision of the Secretary is varied

Division   3--Transfer of rights under this Chapter

1061ZZFU   Notices of transfer

1061ZZFV   Transfers not subject to State or Territory taxes

Chapter   2C--Assurances of support

Part   2C.1--Giving assurances

1061ZZGA   What is an assurance of support?

1061ZZGB   Who may give an assurance of support?

1061ZZGC   How to give an assurance of support

Part   2C.2--Acceptance of assurances

1061ZZGD   Accepting or rejecting an assurance of support

1061ZZGE   Notices relating to an assurance of support

Part   2C.3--Effect of accepted assurances

1061ZZGEA   Assurance cannot be withdrawn once visa issued

1061ZZGF   When an accepted assurance is in force

1061ZZGG   Liability to pay for social security payments

Part   2C.4--Determinations

1061ZZGH   Determinations

Part   2C.5--Assurances by unincorporated bodies

1061ZZGI   Application of social security law to unincorporated bodies

Chapter   2D--Arrangements and grants relating to assisting persons to obtain and maintain paid work

1062   Simplified outline of this Chapter

1062A   Arrangements and grants relating to assisting persons to obtain and maintain paid work

1062B   Constitutional limits

1062C   Executive power of the Commonwealth

1062D   Inclusion of information in annual report

1062DA   Application of Administration Act

Chapter   3--General provisions relating to payability and rates

Part   3.1--Rate Calculators (General)

1062E   Steps in rate calculation

1063   Standard categories of family situations

Part   3.2--Pension Rate Calculator A

1064   Rate of age and disability support pensions and carer payment (people who are not blind)

Pension Rate Calculator A

Module A--Overall rate calculation process

Module B--Maximum basic rate

Module BA--Pension supplement

Module C--Energy supplement

Module E--Ordinary income test

Module F--Ordinary income for the purposes of disability support pension

Module G--Assets test

Module H--Remote area allowance

Part   3.3--Pension Rate Calculator B

1065   Rate of age and disability support pension (blind people)

Pension Rate Calculator B

Module A--Overall rate calculation process

Module B--Maximum basic rate

Module BA--Pension supplement

Module C--Energy supplement

Module E--Remote area allowance

Part   3.4A--Pension Rate Calculator D

1066A   Rate of disability support pension (people under 21 who are not blind)

Pension Rate Calculator D

Module A--Overall rate calculation process

Module B--Maximum basic rate

Module BA--Energy supplement

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Module C--Youth disability supplement

Module D--Pharmaceutical allowance

Module F--Ordinary income test

Module G--Payments taken to be ordinary income

Module H--Assets test

Module I--Remote area allowance

Part   3.4B--Pension Rate Calculator E

1066B   Rate of disability support pension (people under 21 who are blind)

Pension Rate Calculator E

Module A--Overall rate calculation process

Module B--Maximum basic rate

Module BA--Energy supplement

Module C--Youth disability supplement

Module D--Pharmaceutical allowance

Module F--Remote area allowance

Part   3.5--Youth Allowance Rate Calculator

1067   Definitions

1067A   When a person is regarded as independent

1067B   Accommodated independent person

1067C   Member of a YA couple

1067D   Person required to live away from home

1067E   Person living at home

1067F   Long term income support student

1067G   Rate of youth allowance

Youth Allowance Rate Calculator

Module A--Overall rate calculation process

Module B--Maximum basic rate

Module BA--Energy supplement

Module C--Pharmaceutical allowance

Module D--Youth disability supplement

Module E--Person's reduction for parental income

Module F--Parental income test

Submodule 1--Parental income test result

Submodule 2--Exemption from parental income test

Submodule 3--Appropriate tax year

Submodule 4--Combined parental income

Submodule 5--Parental income free area

Submodule 6--If person's combined parental income exceeds parental income free area

Module GA--Maintenance income test

Submodule 1--Maintenance income test result

Submodule 2--Exemption from maintenance income test

Submodule 3--Annualised amount of maintenance income for parent of a person

Submodule 4--Maintenance income free area

Module H--Income test

Module J--Student income bank

Module K--Remote area allowance

Module L--Table of pensions, benefits, allowances and compensation

Part   3.5A--Austudy Payment Rate Calculator

1067H   Definitions

1067J   Person living at home

1067K   Long term income support student

1067L   Rate of austudy payment

Austudy Payment Rate Calculator

Module A--Overall rate calculation process

Module B--Maximum basic rate

Module BA--Pension supplement

Module BB--Energy supplement

Module C--Pharmaceutical allowance

Module D--Income test

Module E--Student income bank

Module F--Remote area allowance

Part   3.6--Benefit Rate Calculator B

1068   Rate of jobseeker payment

Benefit Rate Calculator B

Module A--Overall rate calculation process

Module B--Maximum basic rate

Module BA--Pension supplement

Module C--Energy supplement

Module D--Pharmaceutical allowance

Module G--Income test

Module J--Remote area allowance

Part   3.6A--Parenting Payment Rate Calculator

1068A   Rate of parenting payment--pension PP (single)

Pension PP (Single) Rate Calculator

Module A--Overall rate calculation process

Module B--Maximum basic rate

Module BA--Pension supplement

Module BB--Energy supplement

Module C--Pharmaceutical allowance

Module E--Ordinary income test

Module F--Remote area allowance

1068B   Rate of parenting payment--PP (partnered)

Benefit PP (Partnered) Rate Calculator

Module A--Overall rate calculation process

Module C--Maximum basic rate

Module D--Income test

Module DA--Pension supplement

Module DB--Energy supplement

Module E--Pharmaceutical allowance

Module G--Remote area allowance

Part   3.7--Rent assistance

Division   1--Operation of this Part

1070   When this Part applies

1070A   Effect of this Part

Division   2--Qualification for rent assistance

1070B   Qualification--general rule

1070C   Common requirements (about aged care residence, home ownership and rent)

1070D   Specific requirement (carer payments and certain age and disability support pensions)

1070E   Specific requirement (certain parenting payments)

1070F   Specific requirement (certain disability support pensions)

1070G   Specific requirement (youth allowance)

1070H   Specific requirement (austudy payment and jobseeker payment)

1070J   Specific requirement (certain parenting payments)

Division   3--Rate of rent assistance

1070K   Rate depends on social security payment and family situation

1070L   Rate for carer payments and certain age and disability support pensions

1070M   Rate for certain parenting payments

1070N   Rate for disability support pension (person aged under 18)

1070P   Rate for disability support pension (person aged between 18 and 21)

1070Q   Rate for youth allowance, austudy payment and jobseeker payment

1070R   Rate for certain parenting payments

Division   4--Certain concepts used in this Part

1070S   Division has effect for purposes of Part

1070T   Rent threshold amount

1070U   Fortnightly rent

1070V   Rent paid by a member of certain couples

1070W   Partner with a rent increased pension

1070X   Partner with a rent increased benefit

Part   3.9--Seniors Health Card Income Test Calculator

1071   Seniors Health Card Income Test Calculator

Seniors Health Card Income Test Calculator

Part   3.9A--Health Care Card Income Test Calculator

1071A   Health care card income test

Health Care Card Income Test Calculator

Part   3.10--General provisions relating to the ordinary income test

Division   1--Ordinary income concept and treatment of certain income amounts

1072   General meaning of ordinary income

1072A   Treatment of certain lump sum payments

1073   Certain amounts taken to be received over 12 months

Division   1AAA--Work bonus

1073AA   Work bonus

1073AAA   Meaning of gainful work

1073AB   Unused concession balance

Division   1AA--Employment income attribution rules

1073A   Attribution of employment income paid in respect of a particular period or periods

1073B   Attribution of employment income paid monthly

1073BA   Attribution of employment income paid not in respect of a particular period

1073BB   Anti - avoidance

1073BC   Exclusion of certain payments

1073BD   Daily attribution of employment income for amounts not elsewhere covered in this Division

1073C   Fortnightly or yearly expression of attributed employment income

Division   1AB--Working credit accrual and depletion rules and their consequences

1073D   To whom do working credit accrual and depletion rules apply?

1073E   Opening balance

1073F   Working out accruals and depletions of working credit for social security beneficiaries

1073G   Working out the effect of a working credit depletion on the fortnightly rate of ordinary income for a social security beneficiary

1073H   Working out accruals and depletions of working credit for social security pensioners

1073I   Working out the effect of a working credit depletion on the yearly rate of ordinary income for a social security pensioner

1073J   Working credit balance prevents loss of qualification in certain cases

Division   1A--Business income

1074   Ordinary income from a business--treatment of trading stock

1075   Permissible reductions of business income

Division   1B--Income from financial assets (including income streams (short term) and certain income streams (long term))

1076   Deemed income from financial assets--persons other than members of couples

1077   Deemed income from financial assets--members of pensioner couples

1078   Deemed income from financial assets--members of non - pensioner couples

1081   Deeming threshold

1082   Below threshold rate, above threshold rate

1083   Actual return on financial assets not treated as ordinary income

1084   Certain money and financial investments not taken into account

1084A   Valuation and revaluation of certain financial investments

Division   1C--Income from income streams not covered by Division   1B

Subdivision B--Income streams that are not family law affected income streams

1097A   Scope of Subdivision

1098   Income from asset - test exempt income stream

1099   Income--income stream not a defined benefit income stream or a military invalidity pension income stream

1099A   Income--income stream is a defined benefit income stream

1099AAA   Income--income stream is a military invalidity pension income stream

1099AA   Income from market - linked asset - test exempt income stream

1099B   Income from asset - tested income stream (long term)

1099C   Income--asset - tested income stream (long term) that is not a defined benefit income stream

1099D   Income--asset - tested income stream (long term) that is a defined benefit income stream

1099DAA   Income from certain low - payment asset - tested income streams

1099DAB   Income--asset - tested income stream (lifetime)

Subdivision C--Family law affected income streams

1099DA   Scope of Subdivision

1099DB   Income from asset - test exempt income streams

1099DC   Income from asset - tested income stream (long term)

1099DCA   Income from asset - tested income stream (lifetime)

1099DD   Decision - making principles

Division   1D--Aged care accommodation bonds: certain transactions before 6   November 1997

1099E   Scope of Division

1099F   Exempt bond amount does not count as income

1099G   Person's ordinary income reduced using financial asset rules

1099H   Meaning of exempt bond amount

Division   1E--Refunds to charge exempt residents

1099J   Scope of Division

1099K   Refunded amount does not count as income

1099L   Person's ordinary income reduced using financial asset rules

1099M   Application of Division

Division   2--Conversion of foreign currency amounts

1100   How value of a payment received in a foreign currency is to be determined

1100A   Determining value of a payment originally denominated in a foreign currency but made in Australian currency

Division   3--Disposal of ordinary income

1106   Disposal of ordinary income

1107   Amount of disposition

1108   Disposal of ordinary income--individuals

1109   Disposal of ordinary income--members of couples

1111   Dispositions more than 5 years old to be disregarded

Part   3.12--General provisions relating to the assets test

Division   1--Value of person's assets

1118   Certain assets to be disregarded in calculating the value of a person's assets

1118A   Value of superannuation investments determined by Minister to be disregarded

1118AA   Value of assets reduced by amounts received from Mark Fitzpatrick Trust

1118AB   Value of person's assets reduced: certain transactions to do with aged care accommodation bonds

1118AC   Value of person's assets reduced: refunds to charge exempt residents

1119   Value of asset - tested income streams that are not defined benefit income streams, asset - tested income streams (lifetime) or family law affected income streams

1120   Value of asset - tested income streams that are defined benefit income streams

1120AA   Value of asset - tested income streams (lifetime) that are managed investments

1120AB   Value of asset - tested income streams (lifetime) that are not managed investments

1120A   Value of asset - tested FLA income streams

1120B   Value of partially asset - test exempt income streams

1120C   Value of superannuation reserves for superannuation funds of 4 members or less

1121   Effect of charge or encumbrance on value of assets

1121A   Effect of certain liabilities on value of assets used in primary production

1121B   Value of life policy

1122   Loans

Division   2--Disposal of assets

1123   Disposal of assets

1124   Amount of disposal or disposition

1124A   Disposal of assets in pre - pension years--individuals

1125   Disposal of assets in pension years--individuals

1125A   Disposal of assets in pre - pension years--members of couples

1126   Disposal of assets in pension years--members of couples

1126AA   Disposal of assets in income year--individuals

1126AB   Disposals of assets in 5 year period--individuals

1126AC   Disposal of assets in income year--members of couples

1126AD   Disposal of assets in 5 year period--members of couples

1126A   Disposal of assets in pre - pension year--family members

1126B   Disposal of assets in pension year--family members

1126C   Disposal of assets in income year--family members

1126D   Disposals of assets in 5 year period--family members

1126E   Modification of this Division in respect of certain assets

1127   Disposition more than 5 years old to be disregarded

1127A   Division does not apply for purposes of care receiver assets test

Division   3--Financial hardship

1129   Access to financial hardship rules--pensions

1130   Application of financial hardship rules--pensions

1130A   Division does not apply for purposes of care receiver assets test

1130B   Access to financial hardship rules--pension PP (single)

1130C   Application of financial hardship rules--pension PP (single)

1131   Access to financial hardship rules--benefits

1132   Application of financial hardship rules--benefits

Division   4--Pension loans scheme

1133AA   Pension loans scheme definitions

1133   Qualification for participation in pension loans scheme

1134   Effect of participation in pension loans scheme--pension rate

1134A   Pension loans scheme advance payment

1135   Effect of participation in pension loans scheme--creation of debt

1135A   Effect of participation in pension loans scheme--maximum loan available

1136   Need for a request to participate

1137   Need for a request to later nominate or change nominated amount or rate of pension

1137AA   Need for a request for a pension loans scheme advance payment

1137A   Non - receipt of social security pension or social security payment

1138   Existence of debt results in charge over real assets

1139   Debt not to be recovered until after death

1140   Enforcement of charge

1141   Person ceases to participate in pension loans scheme if debt exceeds maximum loan available

1141A   Secretary may cease person's participation in pension loans scheme

1142   Person withdraws from pension loans scheme

1142A   Repayment or recovery of debt after pension loans scheme ceases to operate

1143   Registration of charge

1144   Manner of enforcement of charge

1144AA   No negative equity guarantee

1144A   Division does not apply for purposes of care receiver assets test

Division   5--Provisions relating to special residences and special residents

Subdivision A--General

1145A   Application of Division to granny flat residents

1146   Basis for different treatment

1147   Entry contribution

1148   Extra allowable amount

1149   Renegotiation of retirement village agreement

Subdivision B--Residents who are not members of a couple

1150   Residents who are not members of a couple

Subdivision C--Residents who are members of couple and share principal home

1151   Members of couples

Subdivision D--Residents who are members of illness separated couple

1152   Members of illness separated couples (both in special residences)

1153   Members of illness separated couples (partner not in special residence and partner homeowner)

1154   Members of illness separated couples (partner not in special residence and partner not homeowner)

Subdivision E--Residents who are members of ordinary couple with different principal homes

1155   Members of ordinary couple with different principal homes (both in special residences)

1156   Members of ordinary couple with different principal homes (partner not in special residence and partner homeowner)

1157   Members of ordinary couple with different principal homes (partner not in special residence and partner not homeowner)

 

 



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