Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"1947 Act" means the Social Security Act 1947 .
"Aboriginal or Torres Strait Islander child" means a child who is a descendant of:
(a) an Indigenous inhabitant of Australia; or
(b) an Indigenous inhabitant of the Torres Strait Islands.
"Aboriginal study assistance scheme" means:
(b) the Aboriginal Overseas Study Assistance Scheme; or
(c) a scheme prescribed for the purposes of this definition.
"ABSTUDY" means the ABSTUDY scheme to the extent that it provides means - test allowances.
"ABSTUDY Schooling scheme" means the ABSTUDY Schooling part of the ABSTUDY scheme.
"ABSTUDY Tertiary scheme" means the ABSTUDY Tertiary part of the ABSTUDY scheme.
"accelerator program course" has the same meaning as in the Higher Education Support Act 2003 .
"accommodation bond" : see subsection 11(1).
"accommodation bond balance" : see subsection 11(1).
"accommodation charge" : see subsection 11(1).
"account" , in relation to a financial institution, means an account maintained by a person with the institution to which is accredited money received on deposit by the institution from that person.
"accumulated SSL debt" has the meaning given by section 1061ZVEC.
"ACNC type of entity" means an entity that meets the description of a type of entity in column 1 of the table in subsection 25 - 5(5) of the Australian Charities and Not - for - profits Commission Act 2012 .
"Administration Act" means the Social Security (Administration) Act 1999 .
"adopted child" : see subsection 5(1).
"Adult Disability Assessment Tool" : see subsection 38C(3).
"advance payment qualifying amount" , for a person, means:
(a) if the person is receiving a social security pension worked out under Pension Rate Calculator A--the sum of the following amounts:
(i) the person's maximum basic rate;
(ii) the amount (if any) by which the person's pension supplement amount exceeds the person's minimum pension supplement amount; or
(b) otherwise--the result of paragraph (a) worked out as if the person were receiving a social security pension worked out under Pension Rate Calculator A.
"advance qualification day" means:
(a) for a person qualifying for a clean energy advance because of a determination made under subsection 914(1) or 914A(1)--the day that determination is made; or
(b) for a person qualifying for a clean energy advance because of a determination made under subsection 914(2)--the day specified in that determination because of subsection 914(3); or
(c) for a person qualifying for a clean energy advance because of a determination made under subsection 914A(2) or (3)--the day specified in that determination because of subsection 914A(4).
Note: The day specified in the determination because of subsection 914(3) or 914A(4) is the first day during the clean energy advance period for which the person satisfies the qualification requirements, disregarding any short temporary absence from Australia.
"adversely affected" , in relation to a major disaster, has the meaning given by section 1061L.
"AGDRP" : see Australian Government Disaster Recovery Payment.
"aged care resident" : see subsections 13(8A), (8B) and (8C).
"amount of rent paid or payable" : see subsections 13(6) and (7).
"applicable statutory conditions" , in relation to particular work, means the minimum terms and conditions of employment (including wages) applicable under law in relation to that work.
"approved care organisation" : see section 6.
"approved deposit fund" : see subsection 9(1).
"approved friendly society" means a society, person or body in relation to whom or in relation to which a determination under section 29 is in force.
"approved program of work for income support payment" means a program of work that is declared by the Secretary, under section 28, to be an approved program of work for income support payment.
"approved program of work supplement" means:
(aa) an amount under section 118 to a person receiving disability support pension; or
(a) an amount payable under section 503A to a person receiving parenting payment; or
(b) an amount payable under section 556A to a person receiving youth allowance; or
(c) an amount payable under section 644AAA to a person receiving jobseeker payment.
"approved respite care" : see subsection 4(9).
"approved scholarship" : see subsection 8(1).
"approved scholarship course" has the meaning given by section 592M.
"armed services widow" : see subsection 4(1).
"armed services widower" : see subsection 4(1).
"ART" means the Administrative Review Tribunal.
"ART Act" means the Administrative Review Tribunal Act 2024 .
"ART review" has the same meaning as in the Administration Act.
"asset" : see subsections 11(1), (3AA), (3B), (3C) and (3D).
"asset-tested income stream (long term)" : see subsection 9(1).
"asset-tested income stream (short term)" : see subsection 9(1).
"asset-test exempt income stream" : see sections 9A, 9B, 9BA and 9BB.
"assurance of support" means an assurance of support within the meaning of:
(a) the Migration (1989) Regulations; or
(b) the Migration (1993) Regulations; or
(c) Subdivision 2.7.1 or 2.7.2 of the Migration Regulations 1994 as in force on or after 1 September 1994; or
(d) Chapter 2C.
"assurance of support debt" has the meaning given by subsection 1227(2).
"ATO small superannuation account" : see subsection 9(1).
"Australia" includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
Note 1: In Part 5.5 of Chapter 5 (about departure prohibition orders), Australia has an extended meaning.
Note 2: See also subsections 7(4), (6) and (7) for special residence rules for external Territories.
"Australian Government Disaster Recovery Payment" or AGDRP means a payment under Part 2.24.
"Australian resident" : see subsection 7(2).
"Australian travel document" has the same meaning as in the Australian Passports Act 2005 .
"Australian Victim of Terrorism Overseas Payment" or AVTOP means a payment under Part 2.24AA.
"AUSTUDY allowance" means a benefit paid under the AUSTUDY scheme, being the scheme under Part 2 of the Student Assistance Act 1973 as previously in force.
"austudy participation failure" has the meaning given by section 576.
"automatic issue card" : see subsection 6A(1).
"automatic issue health care card" : see subsection 6A(1).
"available money" : see subsection 8(1).
"AVTOP" : see Australian Victim of Terrorism Overseas Payment .
"AVTOP Principles" means the AVTOP Principles made by the Minister under section 1061PAF.
"bank" includes, but is not limited to, a body corporate that is an ADI (authorised deposit - taking institution) for the purposes of the Banking Act 1959 .
"benefit parenting allowance" means benefit parenting allowance under this Act as previously in force.
"benefit PP (partnered)" : see section 18.
"bereavement lump sum period" : see paragraph 21(2)(e).
"bereavement notification day" : see paragraph 21(2)(b).
"bereavement period" : see paragraph 21(2)(a).
"bereavement rate continuation period" : see paragraph 21(2)(d).
"board" when used in the expression board and lodging : see subsection 13(1).
"carer supplement" means carer supplement under Part 2.19B.
"centrelink program" has the same meaning as in the Human Services (Centrelink) Act 1997 .
"charge exempt resident" : see subsection 11(1).
"Chief Executive Centrelink" has the same meaning as in the Human Services (Centrelink) Act 1997 .
"child" : see subsection 5(1).
"child disability allowance" means child disability allowance under Part 2.19 of this Act as in force at any time before 1 July 1999.
"child disability assistance" means child disability assistance under Part 2.19AA.
"clean energy advance" means an advance described in Subdivision A or C of Division 1 of Part 2.18A.
"clean energy advance daily rate" has the meaning given by section 914E.
"clean energy advance period" means:
(a) for a person qualifying under section 914 for a clean energy advance--the period starting on 1 July 2012 and ending on 19 March 2013; or
(b) for a person qualifying under subsection 914A(1) or (2) for a clean energy advance--the period starting on 1 July 2012 and ending on 30 June 2013; or
(c) for a person qualifying under subsection 914A(3) for a clean energy advance--the period starting on 1 July 2013 and ending on 31 December 2013.
"clean energy bonus" under an Act or scheme means any of the following that is provided for by the Act or scheme:
(a) a payment known as a clean energy advance;
(b) a payment known as an energy supplement or a quarterly energy supplement;
(c) an increase that is described using the phrase "energy supplement" and affects the rate of another payment that is provided for by the Act or scheme.
"clean energy payment" means:
(a) clean energy advance; or
(b) quarterly energy supplement; or
(d) an essential medical equipment payment.
"clean energy qualifying payment" , for a person, means:
(a) for a person qualifying under section 914 for a clean energy advance--the social security payment set out in subsection 914(4) that the person is receiving on the advance qualification day; or
(b) for a person qualifying under section 914A for a clean energy advance--the social security payment set out in subsection 914A(5) that the person is receiving on the advance qualification day.
"close family member" has the meaning given by subsection 1061PAA(4).
"combined couple rate of minimum pension supplement" has the meaning given by subsection 20A(2).
"combined couple rate of pension supplement" has the meaning given by subsection 20A(1).
"commencement day" in relation to an income stream: see subsection 9(1).
"Commonwealth Accommodation Scholarship" means a scholarship of that name provided for under the Commonwealth Scholarships Guidelines made for the purposes of Part 2 - 4 of the Higher Education Support Act 2003 .
"Commonwealth Education Costs Scholarship" means any scholarship provided to assist with education costs under the Commonwealth Scholarships Guidelines made for the purposes of Part 2 - 4 of the Higher Education Support Act 2003 .
"comparable foreign payment" means a payment - type that is:
(a) available from a foreign country; and
(b) similar to a social security pension.
"compensation" : see section 17.
"compensation affected payment" : see subsection 17(1).
"compensation part " in relation to a lump sum compensation payment: see subsection 17(1).
"compensation payer" : see subsection 17(1).
"compliance penalty period" , in relation to a person, means:
(aa) for a person other than a declared program participant--any of the following periods during which a participation payment (within the meaning of the Administration Act) is not payable to the person:
(i) a payment suspension period (within the meaning of that Act);
(ii) an unemployment preclusion period (within the meaning of that Act);
(iii) a post - cancellation non - payment period (within the meaning of that Act); or
(a) for a declared program participant--a period during which a participation payment (within the meaning of the Administration Act) is not payable because of subsection 42P(1) (serious failures) or 42S(1) (unemployment non - payment periods) of that Act; or
(b) in any case--a period during which youth allowance is not payable to the person because of section 550B or 551 of this Act; or
(c) in any case--a period during which austudy payment is not payable to the person because of section 576A or 577 of this Act.
"computer" means a device that is used by the Department for storing or processing information.
"concession card" : see subsection 6A(1).
"current figure" : see subsection 20(1).
"current period as an Australian resident" , of a person in relation to parenting payment, youth allowance or jobseeker payment, is a period that satisfies both the following conditions:
(a) the person has been an Australian resident for the entire period;
(b) the person lodged the claim for the payment or allowance during the period.
"current special educational assistance scheme" means:
(a) the Assistance for Isolated Children Scheme; or
(b) the ABSTUDY Scheme (also known as the Aboriginal Study Assistance Scheme).
"daily accommodation contribution" : see subsection 11(1).
"daily accommodation payment" : see subsection 11(1).
"decision" has the same meaning as in the ART Act.
Note: Section 4 of the ART Act defines decision to include the following:
(a) making, suspending, revoking or refusing to make an order or determination;
(b) giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission;
(c) issuing, suspending, revoking or refusing to issue a licence, authority or other instrument;
(d) imposing a condition or restriction;
(e) making a declaration, demand or requirement;
(f) retaining, or refusing to deliver up, an article;
(g) doing or refusing to do any other act or thing.
"declared overseas terrorist act" means a terrorist act in respect of which there is a declaration under subsection 35B(1).
"declared program participant" means a person who is a participant, in accordance with the applicable provisions (if any) of a determination made under section 28C, in an employment services program specified in that determination.
"deductible amount" in relation to a defined benefit income stream for a year: see subsection 9(1).
"deferred payment amount" in relation to a sale leaseback agreement: see subsections 12B(6), (7) and (8).
"defined benefit income stream" : see subsection 9(1F).
"departure authorisation certificate" means a certificate under Division 4 of Part 5.5.
"departure prohibition order" means an order under Division 1 of Part 5.5 (including such an order varied under Division 3 of that Part).
"dependant" :
(a) in relation to a person who is the holder of a pensioner concession card or an automatic issue health care card (other than a health care card for which the person is qualified under subsection 1061ZK(4))--see section 6A; or
(b) in relation to a person who is the holder of a health care card for which the person is qualified under subsection 1061ZK(4) or Subdivision B of Division 3 of Part 2A.1--see section 6A; or
(c) in relation to a person, other than a child in foster care, who has made a claim for a health care card--see section 6A.
"dependent child" : see subsections 5(2) to (8A).
"deposit money" : see subsection 8(1).
"deprived asset" : see subsection 9(4).
"designated NDIS amount" : see subsection 9(1).
"disability expenses maintenance" : see section 10.
"Disaster Recovery Allowance" means Disaster Recovery Allowance under Part 2.23B.
"disposes of assets" : see section 1123.
"disposes of ordinary income" : see sections 1106 to 1111.
"disqualifying accommodation scholarship" means:
(a) a scholarship:
(i) provided for under Part 2 - 2A of the Higher Education Support Act 2003 (Indigenous student assistance grants); and
(ii) specified by the Secretary under subsection (24) of this section for the purposes of this subparagraph; or
(b) a Commonwealth Accommodation Scholarship.
"disqualifying education costs scholarship" means:
(a) a scholarship:
(i) provided for under Part 2 - 2A of the Higher Education Support Act 2003 (Indigenous student assistance grants); and
(ii) specified by the Secretary under subsection (24) of this section for the purposes of this subparagraph; or
(b) a Commonwealth Education Costs Scholarship.
"distance educator" has the meaning given by section 5D.
"domestic payment" : see subsection 8(3).
"double orphan" : see sections 993 and 994.
"early school leaver" means a person who:
(a) is less than 22 years old; and
(b) has not completed the final year of secondary school, or an equivalent level of education; and
(c) is not undertaking full - time study.
"earned, derived or received" : see subsection 8(2).
"educational institution" means an education institution within the meaning of subsection 3(1) of the Student Assistance Act 1973.
"EMEP residence" has the meaning given by section 917A.
"Employment Department" means the Department administered by the Minister administering Division 3AA of Part 3 of the Administration Act.
"employment income" : see subsections 8(1), (1A) and (1B).
"Employment Minister" means the Minister who administers Division 3AA of Part 3 of the Administration Act.
"employment pathway plan" means an employment pathway plan under Division 2A of Part 3 of the Administration Act.
"Employment Secretary" means the Secretary of the Employment Department.
"energy supplement" , for a person, means the addition under the energy supplement Module (if any) of the relevant Rate Calculator when working out the rate of the person's social security payment.
"enrolment test day" has the meaning given by subsection 1061ZVDA(5).
"essential medical equipment payment" has the meaning given by section 917A.
"event that gives rise to a person's entitlement to compensation" : see subsection 17(5A).
"exempt assets" : see subsection 11(1).
"exempt funeral investment" has the meaning given by section 19E.
"exempt lump sum" : see subsection 8(11).
"experiencing a personal financial crisis" : see section 19DA.
"external Territory" does not include Norfolk Island, the Territory of Cocos (Keeling) Islands or the Territory of Christmas Island.
"Family Assistance Act" means the A New Tax System (Family Assistance) Act 1999.
"Family Assistance Administration Act" means the A New Tax System (Family Assistance) (Administration) Act 1999.
"family assistance law" has the meaning given by subsection 3(1) of the Family Assistance Administration Act.
"family law affected income stream" : see section 9C.
"family law order" means:
(a) a parenting order; or
(b) a family violence order within the meaning of section 4 of the Family Law Act 1975 ; or
(c) a State child order registered under Subdivision B of Division 13 of Part VII of that Act; or
(d) an overseas child order registered under Subdivision C of Division 13 of Part VII of that Act.
"family member" has the meaning given by subsections (14) and (15).
"family tax benefit" has the meaning given by the Family Assistance Act.
"fares allowance" means fares allowance under Part 2.26 or under the Social Security (Fares Allowance) Rules 1998, as the case may be.
"financial asset" : see subsection 9(1).
"financial institution" means a corporation that is an ADI for the purposes of the Banking Act 1959 .
"financial investment" : see subsections 9(1) and (1D).
"financial supplement" means a loan that has been or may be made under a financial supplement contract as defined by section 19AB.
"first available bereavement adjustment payday" : see paragraph 21(2)(c).
"fishing operations" : see subsection 11(1).
"Foreign Affairs Minister" means the Minister administering the Australian Passports Act 2005 .
"forest operations" : see subsection 11(1).
"former payment type" : see subsection 17(1).
"former refugee" : see subsection 7(1).
"friendly society" : see subsection 9(1).
"FTB child" has the meaning given by section 3 of the Family Assistance Act.
"full-time student load" for a course of study: see subsection (20).
"full year course" has the meaning given by subsection (10C).
"funeral investment" : see subsection 19E(3).
"gainful employment" : see section 19.
"governing rules" in relation to an income stream: see subsection 9(1).
"Government rent" : see subsections 13(1), (3AC) and (5).
"granny flat interest" : see subsection 12A(2).
"granny flat resident" : see subsection 12A(3).
"health care card" means a card under Division 3 of Part 2A.1.
"higher education institution" means an institution that is a higher education institution for the purposes of the Student Assistance Act 1973 .
"holder" in relation to a visa: see subsection 7(1).
"Home Affairs Minister" means the Minister administering the Australian Security Intelligence Organisation Act 1979 .
"home educator" has the meaning given by section 5C.
"home equity conversion agreement" : see subsections 8(1) and (7).
"homeowner" : see subsection 11(4).
"Human Services Department" means Services Australia.
"Human Services Secretary" means the Chief Executive Officer of Services Australia.
"illness separated couple" : see subsection 4(7).
"immediate family member" , of a person, means an individual:
(a) who is a parent or step - parent of the person; or
(b) who is, or was when the person was under 18 years of age, a legal guardian of the person; or
(c) who is a grandparent of the person; or
(d) who is a sibling of the person.
"Impairment Tables" means the tables determined by an instrument under subsection 26(1).
"in a care situation" : see subsection 13(9).
"income" : see subsection 8(1).
"income amount" : see subsection 8(1).
"income cut-out amount" in relation to a person who has received a compensation payment: see subsections 17(1) and (8).
"income from personal exertion" : see subsection 8(1).
"income maintenance period" has the meaning given in points 1064 - F4 and 1064 - F5, 1066A - G4 and 1066A - G5, 1067G - H11 and 1067G - H12, 1067L - D5 and 1067L - D6, 1068 - G7AG and 1068 - G7AH, 1068A - E3 and 1068A - E4 and 1068B - D9 and 1068B - D10.
"income stream" : see subsections 9(1) and (1E).
"income support payment" means a payment of:
(a) a social security benefit; or
(aa) a job search allowance; or
(b) a social security pension; or
(c) a youth training allowance; or
(d) a service pension; or
(e) income support supplement; or
(f) a veteran payment.
"income support supplement" means income support supplement under Part IIIA of the Veterans' Entitlements Act.
" Income Tax Assessment Act" means the Income Tax Assessment Act 1936 and the Income Tax Assessment Act 1997 .
"income-tested" in relation to a health care card: see subsection 6A(1).
"income year" : see subsection 11(1).
"independent" :
(a) in Parts 2.11, 2.11B, 3.4A, 3.4B, 3.5 and 3.7--see section 1067A; and
(b) in Part 2.24A--see section 1061PL.
"independently of a program of support" : see subsection 16B(2).
"index number" : see subsections 20(1), (4) and (5).
"in disability accommodation" : see subsection (4C).
"industrial action" : see subsections 16(1) and (2).
"ineligible homeowner" : see subsection 13(1).
"in gaol" : see subsection (5).
"initial payment amount" in relation to a sale leaseback agreement: see subsection 12B(4).
"in residential care" : see subsection (4CA).
"in severe financial hardship" : see subsections 19C(2) and (3) and section 19D.
"instalment of parental leave pay" : see subsection 8(1).
"instalment period" , in relation to a person, means a period that is determined by the Secretary under section 43 of the Social Security (Administration) Act 1999 to be an instalment period of the person.
"invalid wife pension" : see subsection 17(1).
"investment" :
(a) in relation to a superannuation fund or approved deposit fund--see subsection 9(9); or
(b) in relation to an ATO small superannuation account--see subsection 9(9A).
"investor" in relation to an ATO small superannuation account: see subsection 9(1).
"involved" in the commission of a declared overseas terrorist act has the meaning given by subsection 1061PAA(5).
"job search allowance" means job search allowance under this Act as previously in force.
"joint ownership" includes ownership as joint tenants or as tenants in common.
"late starting course" has the meaning given by subsection (10D).
"life expectancy" : see subsection 9(1).
"liquid assets test waiting period" : see sections 549A to 549C, 575A to 575C and 598.
"listed security" : see subsection 9(1).
"living away from the person's parental home" : see subsection (4D).
"lone parent" : a person is a lone parent on a particular day if, on that day:
(a) the person is not a member of a couple; and
(b) the person has a dependent child.
"long-term social security recipient" , as at a particular time, means:
(a) a person who, at that time, has had social security recipient status continuously for the previous 52 weeks; or
(b) a person:
(i) who has not, at that time, had social security recipient status continuously for the previous 52 weeks; and
(ii) who had social security recipient status at the beginning of the previous 52 weeks; and
(iii) who did not lose social security recipient status for more than 6 weeks of the previous 52 weeks.
Note: See also the definition of social security recipient status in this subsection.
"main supporter" of a secondary pupil child: see section 5G.
"maintenance" : see section 10.
"maintenance income" : see section 10.
"major disaster" means a disaster in respect of which a determination is in force under subsection 36(1).
"managed investment" : see subsections 9(1A), (1B) and (1C).
"maximum Part A rate of family tax benefit" is the maximum rate worked out in step 1 of the method statement in clause 3 or 28A of Schedule 1 to the Family Assistance Act.
"medical equipment" has the meaning given by section 917A.
"medical practitioner" means a person registered and licensed as a medical practitioner under a State or Territory law that provides for the registration or licensing of medical practitioners.
"medicare program" has the same meaning as in the Human Services (Medicare) Act 1973 .
"member of a couple" : see subsections 4(2), (3), (3A), (6) and (6A).
"member of an ordinary couple with different principal homes" : see subsection 12(2).
"members" of a trade union: see subsection 16(3).
"mental hospital" means premises in relation to which a declaration by the Secretary under section 30 is in force.
"mental hospital patient" means:
(a) a person who:
(i) has been admitted to a mental hospital as a patient of the hospital; and
(ii) is shown on the records of the hospital as a patient (other than an outpatient) of the hospital; or
(b) a person who:
(i) is being transferred to a mental hospital; and
(ii) will become a mental hospital patient within the meaning of paragraph (a) at that hospital; and
(iii) immediately before being transferred, was a mental hospital patient within the meaning of paragraph (a) at another mental hospital.
"military defined benefit income stream" : see subsection 9(1).
"military invalidity pension income stream" : see subsection 9(1G).
" Military Rehabilitation and Compensation Act" or MRCA means the Military Rehabilitation and Compensation Act 2004 .
" Military Rehabilitation and Compensation Act Education and Training Scheme" has the meaning given by the Family Assistance Act.
"minimum pension supplement amount" has the meaning given by subsection 20A(4).
"NDIS amount" has the same meaning as in the National Disability Insurance Scheme Act 2013 .
"NDIS participant" means a participant within the meaning of the National Disability Insurance Scheme Act 2013 .
"NDIS plan" means a plan, for an NDIS participant, within the meaning of the National Disability Insurance Scheme Act 2013.
"new apprentice" means a person who satisfies the requirements determined in an instrument under subsection (7).
"newly arrived resident's waiting period" means:
(a) a carer payment newly arrived resident's waiting period under sections 201AA and 201AB; or
(b) a bereavement allowance newly arrived resident's waiting period under sections 322 and 323; or
(bb) a parenting payment newly arrived resident's waiting period under sections 500X and 500Y; or
(c) a youth allowance newly arrived resident's waiting period under section 549D; or
(ca) an austudy payment newly arrived resident's waiting period under section 575D; or
(cb) a pensioner education supplement newly arrived resident's waiting period under section 1061PU; or
(e) a jobseeker payment newly arrived resident's waiting period under sections 623A and 623B; or
(g) a special benefit newly arrived resident's waiting period under sections 732 and 739A; or
(i) a carer allowance newly arrived resident's waiting period under sections 966 and 967; or
(j) a mobility allowance newly arrived resident's waiting period under sections 1039AA and 1039AB; or
(k) a seniors health card newly arrived resident's waiting period under section 1061ZH; or
(ka) a health care card newly arrived resident's waiting period under section 1061ZQ.
"new PRC (temporary) entry permit" : see subsection 7(1).
"nominated visa holder" means a person who is:
(a) the holder of a visa that is included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to which subparagraph 729(2)(g)(i) applies; and
(b) a person to whom subsection 729(2A) applies.
"non-benefit parenting allowance" means non - benefit parenting allowance under this Act as previously in force.
"non-benefit PP (partnered)" : see section 18.
"not payable" in relation to a social security payment: see subsection (16).
"November earnings average" : see subsections 20(1) and (6).
"number of advance days" has the meaning given by section 914F.
"officer" means a person performing duties, or exercising powers or functions, under or in relation to the social security law.
"old PRC (temporary) entry permit" : see subsection 7(1).
"ordinary income" : see subsection 8(1) and section 1072.
"ordinary waiting period" means:
(aa) a parenting payment ordinary waiting period under sections 500WA and 500WB; or
(ab) a youth allowance ordinary waiting period under sections 549CA and 549CB; or
(a) a jobseeker payment ordinary waiting period under sections 620 and 621.
"original family law affected income stream" : see section 9C.
"Pacific engagement visa" : see subsection 7(1).
"parent" : see subsection 5(1).
"parenting allowance" means parenting allowance under this Act as previously in force.
"parenting order" has the meaning given by section 64B of the Family Law Act 1975 .
"parenting payment" : see section 18.
"parenting plan" has the meaning given by the Family Law Act 1975 .
"Part 2.23B major disaster" means a disaster in respect of which a determination is in force under section 36A.
"Part A rate of family tax benefit" is the Part A rate of family tax benefit worked out under Part 2 or 3 of Schedule 1 to the Family Assistance Act.
"partial capacity to work" has the meaning given by section 16B.
"participating in the pension loans scheme" : see subsection (11).
"participation failure instalment period" :
(a) in relation to the payability of youth allowance--has the meaning given by subsection 550B(3); and
(b) in relation to the payability of austudy payment--has the meaning given by subsection 576A(3).
"partner" : see subsection 4(1).
"partner bereavement payment" : see subsection 21(1).
"partnered" : see paragraph 4(11)(a).
"partnered (partner getting benefit)" : see paragraph 4(11)(e).
"partnered (partner getting neither pension nor benefit)" : see paragraph 4(11)(b).
"partnered (partner getting pension)" : see paragraph 4(11)(d).
"partnered (partner getting pension or benefit)" : see paragraph 4(11)(c).
"partnered (partner in gaol)" : see paragraph 4(11)(f).
"partner of a non-independent YA recipient" means a person who is a member of a couple the other member of which is receiving a youth allowance and is not independent within the meaning of Part 3.5.
"payday" , in relation to a person, means:
(a) if the person is receiving a social security pension, a social security benefit, a carer allowance, a double orphan pension or a pensioner education supplement--a day on which an instalment of the pension, benefit, supplement or allowance is, or would normally be, paid to the person; or
(b) if the person is receiving a service pension, income support supplement or a veteran payment--a day on which an instalment of the service pension, income support supplement or veteran payment is, or would normally be, paid to the person under the Veterans' Entitlements Act.
Note: Subsection 43(3E) of the Administration Act affects when an instalment is, or would normally be, paid to a person if the Secretary has determined under subsection 43(3A) of that Act that the person is to be paid the total amount of a social security periodic payment relating to an instalment period in 2 payments.
"PBBP employment income" (short for pension bonus bereavement payment employment income) has the meaning given by section 93WC.
"pension age" has the meaning given by subsections (5A), (5B), (5C) and (5D).
"pension bonus" means pension bonus under Part 2.2A (and does not include a pension bonus bereavement payment under Division 12 of that Part).
"pension bonus bereavement payment" means a pension bonus bereavement payment under Division 12 of Part 2.2A.
"pensioner concession card" means a card under Division 1 of Part 2A.1.
"pensioner couple" : see subsection 9(1).
"pension payday" means:
(a) the Thursday that falls on 4 July 1991; and
(b) each succeeding alternate Thursday up to, and including, Thursday 24 June 1999.
"pension period" means the instalment period of an instalment of a social security pension.
"pension PP (single)" : see section 18.
"pension supplement amount" , for a person, means the amount added under the pension supplement Module (if any) of the Rate Calculator when working out the rate of the person's social security payment.
"pension supplement basic amount" has the meaning given by subsection 20A(5).
"pension year" : see subsections 11(10) and (10AAA).
"periodic payments period" : see subsection 17(1).
"permanent visa" : see subsection 7(1).
"person with medical needs" has the meaning given by section 917A.
"physical impairment" includes sensory impairment.
"physically present in a remote area" : see subsection 14(2).
"potential compensation payer" : see subsection 17(1).
"prescribed educational scheme" : see subsection 5(1).
"prescribed student child" : see subsection 5(11).
"primary FLA income stream" : see section 9C.
"primary producer" : see subsection 11(1).
"primary production" : see subsection 11(1).
"primary victim" of a declared overseas terrorist act has the meaning given by subsection 1061PAA(2).
"principal beneficiary" , of a special disability trust, has the meaning given by subsection 1209M(1).
"principal carer" of a child: see subsections 5(15) to (24).
"principal home" : see section 11A.
"program of assistance" means:
(a) a program approved under section 28A; or
(b) a program offered as part of the competitive employment training and placement services as defined by section 7 of the former Disability Services Act 1986.
"prohibited relationship" has the meaning given by subsections 4(12) and (13).
"proprietary company" has the same meaning as in the Corporations Act 2001 .
"protected information" means:
(a) information about a person that:
(i) was obtained by an officer under the social security law; and
(ii) is or was held in the records of the Department; or
(aa) information about a person that:
(i) was obtained by an officer under the social security law; and
(ii) is or was held in the records of the Human Services Department within the meaning of this Act as in force at any time; or
(b) information about a person obtained by an officer under the family assistance law that is or was held in the records of the Australian Taxation Office; or
(baa) information about a person that was held in the records of the Commonwealth Services Delivery Agency (within the meaning of the Commonwealth Services Delivery Agency Act 1997 as in force before 1 July 2011); or
(bab) information about a person that:
(i) was obtained by an officer under the family assistance law; and
(ii) was held in the records of Medicare Australia (within the meaning of the Medicare Australia Act 1973 as in force before 1 July 2011); or
(ba) information about a person obtained by an officer under the family assistance law that was held in the records of the Health Insurance Commission; or
(c) information to the effect that there is no information about a person held in the records of one or more of the following:
(i) the Department;
(ii) the Human Services Department;
(iii) the Australian Taxation Office.
However, information about a person that was obtained by an officer under Chapter 2D of this Act is not protected information.
"protected SCV holder" : see subsections 7(2A), (2B), (2C) and (2D).
"psychiatric confinement" : see subsections (8) and (9).
"public unit trust" : see subsection 9(1).
"purchase price" in relation to an income stream: see subsection 9(1).
"qualification period" , for a student start - up loan, has the meaning given by section 19AA.
"qualifying Australian residence" : see subsection 7(5).
"qualifying remote income support payment" : see section 661B.
"qualifying residence exemption" : see subsections 7(6) and (6AA).
"quarterly energy supplement" means the separate social security payment described in Division 2 of Part 2.18A.
"quarterly pension supplement" means the separate social security payment described in subsection 1061VA(1).
"reasonable security of tenure" : see subsection 11A(10).
"receive" has the meaning given by subsections (2), (4), (4A) and (4AA).
"receives compensation" : see subsection 17(5).
"refundable deposit" : see subsection 11(1).
"refundable deposit balance" : see subsection 11(1).
"registered and active foster carer" has the meaning given by section 5B.
"registered charity" means an entity that is registered under the Australian Charities and Not - for - profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25 - 5(5) of that Act.
"registered parenting plan" has the meaning given by the Family Law Act 1975 .
"registered public benevolent institution" means an institution that is:
(a) a registered charity; and
(b) registered under the Australian Charities and Not - for - profits Commission Act 2012 as the subtype of entity mentioned in column 2 of item 14 of the table in subsection 25 - 5(5) of that Act.
"registered religious institution" means an institution that is:
(a) a registered charity; and
(b) registered under the Australian Charities and Not - for - profits Commission Act 2012 as the subtype of entity mentioned in column 2 of item 4 of the table in subsection 25 - 5(5) of that Act.
"regular care child" has the meaning given by subsection 3(1) of the Family Assistance Act.
"rehabilitation program" means:
(a) a rehabilitation program under Part III of the former Disability Services Act 1986 ; or
(b) a follow - up program in relation to which a determination by the Secretary under section 31 is in force.
"relationship child" has the meaning given by subsection 5(25).
"relationship parent" has the meaning given by subsection 5(25).
"relative (other than a parent)" : see section 5E.
"relevant AWOTE" : see subsection 16A(1).
"relevant minimum wage" , for an employee, means the minimum wage payable to the employee under law.
"relevant number" in relation to an income stream: see subsection 9(1).
"remote area" : see subsection 14(1).
"remote engagement placement" , under the remote engagement program, means a part of the program (if any) determined by the Minister under paragraph 661A(2)(b).
"remote engagement program" means the arrangement (if any) determined by the Minister under paragraph 661A(2)(a).
"remote engagement program provider" means a person or organisation that is a party to an agreement with the Commonwealth under which the person or organisation receives Commonwealth funding to deliver the remote engagement program.
"rent" : see section 13.
"rent assistance child" has the meaning given by subsection 3(1) of the Family Assistance Act.
"Reserves" means:
(a) the Naval Reserve; or
(b) the Army Reserve; or
(c) the Air Force Reserve.
"residing in a nursing home" : see subsection 13(8).
"residual capital value" in relation to an income stream: see subsections 9(1) and (10).
"respite care couple" : see subsection 4(8).
"retirement savings account" : see subsection 9(1).
"retirement village" : see subsections 12(3) and (4).
"retirement village resident" : see subsection 12(5).
"return" :
(a) in relation to an ATO small superannuation account--see subsection 9(1); or
(b) in relation to any other investment in the nature of superannuation--see subsection 9(1).
"sale leaseback agreement" : see subsections 12B(2) and (3).
"sale leaseback home" : see subsection 12B(9).
"sale leaseback resident" : see subsections 12B(10) and (11).
"satisfies the employment pathway plan requirements" : a person satisfies the employment pathway plan requirements if the following apply:
(a) the person enters into an employment pathway plan if required to do so by the Employment Secretary under subsection 40A(1) or (2) of the Administration Act;
(b) while an employment pathway plan is in force in relation to the person, the person satisfies the Employment Secretary that the person is complying with the requirements in the plan.
"seasonal work" : see subsections 16A(1), (1A) and (2).
"seasonal work income" : see subsection 16A(1).
"seasonal work preclusion period" : see subsections 16A(3) and (4).
"secondary FLA income stream" : see sections 9C and 9D.
"secondary pupil child" : see section 5F.
"secondary victim" of a declared overseas terrorist act has the meaning given by subsection 1061PAA(3).
"Secretary" means:
(a) except in relation to Subdivision D of Division 2 of Part 4A of the Administration Act--the Secretary of the Department; or
(b) in relation to Subdivision D of Division 2 of Part 4A of the Administration Act:
(i) in the review of a decision made by the Chief Executive Centrelink or a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997 ) as a delegate of the Secretary of the Department or of the Secretary of the Employment Department--the Chief Executive Centrelink; or
(iii) in the review of any other decision--the Secretary of the Department.
"security notice" means a notice under section 38N.
"self-employment program" means:
(a) the scheme known as the New Enterprise Incentive Scheme; or
(b) the program known as:
(i) the Self - Employment Assistance program; or
(ii) if the Self - Employment Assistance program is known by another name--that other name.
Note: For the purposes of subparagraph (b)(ii), if the name of the Self - Employment Assistance program changes, the Employment Secretary must give notice of that change (see subsection (25)).
"seniors health card" means a card under Division 2 of Part 2A.1.
"served the waiting period" : see subsections (10) and (10A).
"service payday" means a pension payday within the meaning of the Veterans' Entitlements Act.
"service pension" means:
(a) an age service pension under Part III of the Veterans' Entitlements Act; or
(b) an invalidity service pension under Part III of the Veterans' Entitlements Act; or
(c) a partner service pension under Part III of the Veterans' Entitlements Act; or
(d) a carer service pension under Part III of the Veterans' Entitlements Act.
"severely disabled" : see subsection (4B).
"sheltered employment" : see section 19.
"short course" means a course of education that lasts for 30 weeks or less including vacations.
"sibling" , of a person, includes a half - brother, half - sister, adoptive brother, adoptive sister, stepbrother or stepsister of the person, but does not include a foster - brother or foster - sister of the person.
"single person sharing accommodation" : see section 5A.
"social security benefit" means:
(aab) youth allowance; or
(aac) austudy payment; or
(a) jobseeker payment; or
(d) special benefit; or
(f) benefit PP (partnered); or
(g) parenting allowance (other than non - benefit allowance).
"social security entitlement" means:
(a) an age pension; or
(b) a disability support pension; or
(d) a carer payment; or
(e) a parenting payment; or
(ha) a youth allowance; or
(hb) an austudy payment; or
(i) a job search allowance; or
(j) a jobseeker payment.
"Social Security (Fares Allowance) Rules 1998" , in relation to a time after the commencement of Schedule 1 to the Youth Allowance Consolidation Act 2000 , means those Rules as they continue in force under clause 126 of Schedule 1A.
"social security law" : see subsection (17).
"social security payment" means:
(a) a social security pension; or
(b) a social security benefit; or
(c) an allowance under this Act; or
(e) any other kind of payment under Chapter 2 of this Act; or
(ea) a payment under Chapter 2AA of this Act (Student start - up loans); or
(f) a pension, benefit or allowance under the 1947 Act.
"social security pension" means:
(a) an age pension; or
(b) a disability support pension; or
(d) a carer payment; or
(e) a pension PP (single); or
(ea) a sole parent pension; or
(k) a special needs pension.
"social security recipient status" , for the purposes of the definition of long-term social security recipient , means:
(a) in the case of a person who is receiving a youth allowance, an austudy payment or jobseeker payment--status as a recipient of a social security pension, a social security benefit, a youth training allowance, an ABSTUDY allowance, an AUSTUDY allowance, a service pension or income support supplement; or
(b) in any other case--status as a recipient of a social security pension, a social security benefit, a youth training allowance, a service pension, income support supplement or a veteran payment.
"sole parent pension" means sole parent pension under this Act as previously in force.
"special category visa" : see subsection 7(1).
"special disability trust" has the meaning given by section 1209L.
"special employment advance qualifying entitlement" means:
(a) an austudy payment; or
(b) a carer payment; or
(c) a disability support pension; or
(f) a jobseeker payment; or
(g) a pension PP (single); or
(k) a youth allowance.
"special needs disability support wife pension" : see subsection 17(1).
"special needs invalid wife pension" : see subsection 17(1).
"special residence" : see subsection 12C(2).
"special resident" : see subsection 12C(3).
"STARTUP-HELP assistance" has the same meaning as in the Higher Education Support Act 2003 .
"step-child" : see subsection 5(1).
"step-parent" : see subsection 5(1).
"student child" : see subsection 5(1A).
"Student Financial Supplement Scheme" means:
(a) the scheme constituted by Part 4A of the Student Assistance Act 1973 ; or
(b) the scheme established under Chapter 2B of this Act.
"student income bank" : see subsection 8(1).
"student start-up loan" has the meaning given by section 19AA.
"study" includes vocational training.
"subject to a seasonal work preclusion period" : see subsection 16A(11).
"superannuation benefit" : see subsection 9(1).
"superannuation contributions surcharge" : see subsection 9(1).
"superannuation fund" : see subsection 9(1).
"TAFE institution" means an institution that is a technical and further education institution for the purposes of the Student Assistance Act 1973 .
"taxable income" has the same meaning as in the Income Tax Assessment Act.
"tax-exempt pension supplement" has the meaning given by subsection 20A(6).
"tax file number" has the same meaning as in Part VA of the Income Tax Assessment Act.
"tax year" has the same meaning as year of income has in the Income Tax Assessment Act.
Note: Section 6 of the Income Tax Assessment Act defines year of income as the financial year (1 July to 30 June) or, if another accounting period has been adopted under section 18 of that Act instead of the financial year, that accounting period.
"temporarily separated couple" : see subsection 4(9A).
"terrorist act" has the same meaning as in subsection 100.1(1) of the Criminal Code .
"TFN declaration" has the same meaning as in Part VA of the Income Tax Assessment Act 1936 .
"this Act" means this Act as originally enacted or as amended and in force at any time.
"trade union" : see subsection 16(1).
"transfer day" , in relation to a transferee to a social security pension or benefit, has the same meaning as in the Administration Act.
"transferee" , in relation to a social security pension or benefit, has the same meaning as in the Administration Act.
"transitional DSP applicant" means a person:
(a) who made a claim for a disability support pension on or after 11 May 2005 and before 1 July 2006; and
(b) to whom, on or after 1 July 2006, a notice under subsection 63(2) or (4) of the Administration Act is given; and
(c) who is required under the notice to undertake a specified activity for the purpose of reviewing his or her capacity to perform work.
"treating health professional" : see section 38F.
"unavoidable or reasonable expenditure" : see subsection 19C(4).
"undertaking full-time study" has the meaning given in section 541B.
"unemployment" : see subsection 16(1).
"unlisted public security" : see subsection 9(1).
"unrealisable asset" : see subsections 11(12) and (13).
"unsuitable" : particular paid work is unsuitable to be done by a person in the circumstances set out in section 40X of the Administration Act.
"utilities allowance" means utilities allowance under Part 2.25A.
"value of a charge or encumbrance on an asset" : see subsection 11(3).
"value of a liability" : see subsection 11(3A).
"value of a particular asset" : see subsection 11(2).
"veteran payment" means a veteran payment made under an instrument made under section 45SB of the Veterans' Entitlements Act 1986 .
"Veterans' Children Education Scheme" has the meaning given by the Family Assistance Act.
" Veterans' Entitlements Act" or VEA means the Veterans' Entitlements Act 1986 .
"VET provider" means a registered training organisation (within the meaning of the National Vocational Education and Training Regulator Act 2011 ) that provides vocational education and training.
"visa" : see subsection 7(1).
"vocational training" : see section 19.
"waiting period" means:
(aa) a carer payment newly arrived resident's waiting period under sections 201AA and 201AB; or
(ab) a bereavement allowance newly arrived resident's waiting period under sections 322 and 323; or
(ac) a parenting payment ordinary waiting period under sections 500WA and 500WB; or
(aca) a parenting payment newly arrived resident's waiting period under sections 500X and 500Y; or
(ad) a youth allowance ordinary waiting period under sections 549CA and 549CB; or
(ae) a youth allowance newly arrived resident's waiting period under sections 549D and 549E; or
(b) jobseeker payment ordinary waiting period under sections 620 and 621; or
(ca) a jobseeker payment newly arrived resident's waiting period under sections 623A and 623B; or
(ka) a special benefit newly arrived resident's waiting period under sections 732 and 739A; or
(l) a carer allowance newly arrived resident's waiting period under sections 966 and 967; or
(n) a mobility allowance newly arrived resident's waiting period under sections 1039AA and 1039AB; or
(o) a seniors health card newly arrived resident's waiting period under section 1061ZA.
"working credit participant" : see subsection 8(1).
"young person" : see subsection 5(1B).
"youth allowance participation failure" has the meaning given by section 550.
"youth allowance payment period" means a period under section 43 of the Administration Act for which youth allowance is or may be payable.
"youth training allowance" means a youth training allowance under Part 8 of the Student Assistance Act 1973 as previously in force.
(1A) Where:
(a) a provision of this Act refers to:
(i) the greater or greatest, or the higher or highest; or
(ii) the lesser or least, or the lower or lowest;
of 2 or more amounts; and
(b) the amounts are equal;
the provision is taken to refer to one only of the amounts.
(1B) Where:
(a) a provision of this Act refers to the greatest or highest of 3 or more amounts; and
(b) 2 or more (but not all) of the amounts are equal and exceed the other amount or other amounts;
the provision is taken to refer to one only of those equal amounts.
(1C) Where:
(a) a provision of this Act refers to the least or lowest of 3 or more amounts; and
(b) 2 or more (but not all) of the amounts are equal and are less than the other amount or other amounts;
the provision is taken to refer to one only of those equal amounts.
(2) For the purposes of this Act (other than section 735), a person is taken to be receiving a payment under this Act from the earliest day on which the payment is payable to the person even if the first instalment of the payment is not paid until a later day.
(4) For the purposes of this Act, a person is taken to be receiving a social security payment until the latest day on which the payment is payable to the person even if the last instalment of the payment is not paid until a later day.
(4A) Despite subsection (4), if:
(a) a person is receiving a social security pension or social security benefit; and
(b) the person's rate of payment of the pension or benefit is worked out with regard to the income test module of a rate calculator in Chapter 3; and
(d) the person or the person's partner has employment income; and
(e) the person would, but for this subsection, cease to be receiving the pension or benefit on and from a day (the cessation day ):
(i) if paragraph (d) applies to the person--because of the employment income of the person (either alone or in combination with any other ordinary income earned, derived or received, or taken to have been earned, derived or received, by the person); or
(ii) if paragraph (d) applies to the partner--because of the employment income of the partner (either alone or in combination with any other ordinary income earned, derived or received, or taken to have been earned, derived or received, by the partner); and
(f) but for the employment income, or the combined income, referred to in paragraph (e), the pension or benefit would continue to be payable to the person on and from the cessation day; and
(g) the person continues to be qualified for the pension or benefit on and from the cessation day;
then, for the purposes only of the provisions of this Act that are specified in subsection (4AA), the person is taken to be receiving the pension or benefit until:
(h) 24 weeks after the end of the instalment period in which the cessation day occurs; or
(j) the day the pension or benefit would cease to be payable to the person for a reason other than the employment income, or the combined income, referred to in paragraph (e); or
(k) the day the person ceases to be qualified as mentioned in paragraph (g);
whichever happens first.
Note: In relation to paragraph (g), see also subsection (4AB).
(4AA) For the purposes of subsection (4A), the following are the specified provisions of this Act:
(a) provisions in Chapter 2 that provide for an increase in a person's rate of payment by an amount to be known as the approved program of work supplement;
(ac) Part 2.6B (2020 economic support payments);
(ad) paragraph 313(2)(a);
(ae) Part 2.13 (remote engagement program payment);
(af) Part 2.6D (2022 cost of living payment);
(b) section 1048;
(c) section 1061PJ;
(d) section 1061Q;
(e) subsection 1061ZK(5);
(f) 1070W;
(g) 1070X;
(h) provisions within the income test module of a rate calculator in Chapter 3 prescribing the partner income free area or the partner income excess for a person.
(4AB) For the purposes only of applying subsection (4A) in relation to a person at a particular time, the following provisions do not apply in determining under paragraph (4A)(g) whether the person continues to be qualified for the pension or benefit:
(a) subparagraph 540(2)(a)(iii);
(b) subparagraph 540(2)(b)(iii);
(c) subparagraph 593(1)(a)(i).
Note: Subparagraphs 540(2)(a)(iii) and (b)(iii) deal with qualification for youth allowance. Subparagraph 593(1)(a)(i) deals with qualification for jobseeker payment.
(4B) For the purposes of this Act, a person is severely disabled if:
(a) a physical impairment, a psychiatric impairment, an intellectual impairment, or 2 or all of such impairments, of the person make the person, without taking into account any other factor, totally unable:
(i) to work for at least the next 2 years; and
(ii) unable to benefit within the next 2 years from participation in a program of assistance or a rehabilitation program or from the provision of supports or services specified in an instrument under subsection (4BA) and provided under an arrangement or grant under the Disability Services and Inclusion Act 2023 ; or
(b) the person is permanently blind.
(4BA) The Secretary may, by legislative instrument, specify supports or services for the purposes of subparagraph (4B)(a)(ii). The supports or services must be employment supports or services within the meaning of the Disability Services and Inclusion Act 2023 .
(4C) For the purposes of this Act, a person is in disability accommodation if:
(a) the person:
(i) is in accommodation for people with disabilities; or
(ii) is:
(A) in accommodation that is not the principal home of the parents or a parent of the person; and
(B) receiving accommodation support services for people with disabilities; and
(b) the accommodation, or services, for people with disabilities are funded wholly or partly by the Commonwealth, a State or a Territory.
(4CA) For the purposes of this Act, a person is in residential care if the person is being provided with residential care through an aged care service conducted by an approved provider (within the meaning of the Aged Care Quality and Safety Commission Act 2018 ).
(4CB) An expression used in subsection (4CA) and in the Aged Care Act 1997 has the same meaning in that subsection as in that Act.
(4D) For the purposes of this Act, a person is living away from the person's parental home if the person is living away from:
(a) where the person's parents have the same principal home--that home; or
(b) where the person has only one parent--the principal home of that parent; or
(c) where the person's parents have different principal homes--all of those homes.
(5) For the purposes of this Act, a person is in gaol if:
(a) the person is being lawfully detained (in prison or elsewhere) while under sentence for conviction of an offence and not on release on parole or licence; or
(b) the person is undergoing a period of custody pending trial or sentencing for an offence.
(5A) A man born during the period specified in column 2 of an item in the following table reaches pension age when he turns the age specified in column 3 of that item.
Table--Pension age for men | ||
Column 1 Item | Column 2 Period during which man was born | Column 3 |
1 | On or before 30 June 1952 | 65 years |
2 | 1 July 1952 to 31 December 1953 | 65 years and 6 months |
3 | 1 January 1954 to 30 June 1955 | 66 years |
4 | 1 July 1955 to 31 December 1956 | 66 years and 6 months |
5 | On or after 1 January 1957 | 67 years |
(5B) A woman born before 1 July 1935 reaches pension age when she turns 60.
(5C) A woman born within the period specified in column 2 of an item in the following Table reaches pension age when she turns the age specified in column 3 of that item.
Table--Pension age for women | ||
Column 1 Item no. | Column 2 Period within which woman was born (both dates inclusive) | Column 3 |
1. | From 1 July 1935 to 31 December 1936 | 60 years and 6 months |
2. | From 1 January 1937 to 30 June 1938 | 61 years |
3. | From 1 July 1938 to 31 December 1939 | 61 years and 6 months |
4. | From 1 January 1940 to 30 June 1941 | 62 years |
5. | From 1 July 1941 to 31 December 1942 | 62 years and 6 months |
6. | From 1 January 1943 to 30 June 1944 | 63 years |
7. | From 1 July 1944 to 31 December 1945 | 63 years and 6 months |
8. | From 1 January 1946 to 30 June 1947 | 64 years |
9. | From 1 July 1947 to 31 December 1948 | 64 years and 6 months |
(5D) A woman born during the period specified in column 2 of an item in the following table reaches pension age when she turns the age specified in column 3 of that item.
Table--Pension age for women | ||
Column 1 Item | Column 2 Period during which woman was born | Column 3 |
1 | 1 January 1949 to 30 June 1952 | 65 years |
2 | 1 July 1952 to 31 December 1953 | 65 years and 6 months |
3 | 1 January 1954 to 30 June 1955 | 66 years |
4 | 1 July 1955 to 31 December 1956 | 66 years and 6 months |
5 | On or after 1 January 1957 | 67 years |
(7) The Minister may, by legislative instrument, determine requirements for the purposes of the definition of new apprentice in subsection (1).
(8) Subject to subsection (9), psychiatric confinement in relation to a person includes confinement in:
(a) a psychiatric section of a hospital; and
(b) any other place where persons with psychiatric disabilities are, from time to time, confined.
(9) The confinement of a person in a psychiatric institution during a period when the person is undertaking a course of rehabilitation is not to be taken to be psychiatric confinement .
(10) If a person is subject to an ordinary waiting period for a social security benefit or social security pension, the person is to be taken to have served the waiting period if, and only if:
(a) the waiting period has ended; and
(b) the person was, throughout the waiting period, qualified for the social security benefit.
Note: For ordinary waiting period see subsection (1).
(10A) If a person is subject to a liquid assets test waiting period for a social security benefit, the person is to be taken to have served the waiting period if, and only if:
(a) the waiting period has ended; and
(b) the person was, apart from the liquid assets test provision concerned, qualified for the benefit throughout so much of the waiting period as occurs after the claim for the benefit was made.
(10B) For the purposes of subsection (10A), the liquid assets test provisions are sections 549A to 549C, 575A to 575C and 598.
(10C) For the purposes of this Act:
"full year course" means:
(a) a course of education that starts:
(i) on 1 January; or
(ii) after 1 January and before 1 April; or
(iii) on 1 July; or
(iv) after 1 July and before 1 August;
and lasts for more than 30 weeks (including vacations); or
(b) an articulated short course sequence whose first course starts:
(i) on 1 January; or
(ii) after 1 January and before 1 April; or
(iii) on 1 July; or
(iv) after 1 July and before 1 August;
and the length of whose courses (including vacations) add up to more than 30 weeks.
(10D) For the purposes of this Act:
"late starting course" means:
(a) a course of education that starts:
(i) on 1 April; or
(ii) after 1 April and before 1 July; or
(iii) after 31 July;
and lasts for more than 30 weeks (including vacations); or
(b) an articulated short course sequence whose first course starts:
(i) on 1 April; or
(ii) after 1 April and before 1 July; or
(iii) after 31 July;
and the length of whose courses (including vacations) add up to more than 30 weeks.
(10E) In subsections (10C) and (10D):
"articulated short course sequence" means a sequence of 2 or more articulated short courses that:
(a) is undertaken by a person during a 12 month period; and
(b) begins on the first day of the first course in the sequence; and
(c) ends at the end of the last day of the last course in the sequence.
(10F) For the purposes of subsection (10E), if:
(a) a person undertakes at least 2 short courses of education; and
(b) the person starts the second short course and (if applicable) each subsequent short course:
(i) within 28 days after completing the immediately preceding short course; or
(ii) within such longer period after completing the immediately preceding short course as the Secretary approves on being satisfied that this was due to circumstances beyond the person's control; and
(c) each of the short courses is an approved course of education or study within the meaning of paragraph 1061PB(1)(b); and
(d) the person may, as a result of undertaking each of the short courses, receive an accreditation or an award from an educational institution for another approved course of education or study within the meaning of paragraph 1061PB(1)(b);
each of the short courses is an articulated short course .
Participation in pension loans scheme
(11) For the purposes of this Act, a person is participating in the pension loans scheme if:
(a) the person has made a request to participate in the scheme under section 1136; and
(c) the person owes a debt to the Commonwealth under section 1135.
(12) If:
(a) section 237 of the Administration Act applies to a notice of a decision under this Act; or
(b) sections 28A and 29 of the Acts Interpretation Act 1901 (the Interpretation Act ) apply to a notice under this Act;
section 237 of the Administration Act, or sections 28A and 29 of the Interpretation Act, as the case may be, apply to the notice even if the Secretary is satisfied that the person did not actually receive the notice.
(14) For the purposes of this Act other than Part 2.11 and the Youth Allowance Rate Calculator in section 1067G, each of the following is a family member in relation to a person (the relevant person ):
(a) the partner or a parent of the relevant person;
(b) a sister, brother or child of the relevant person;
(c) any other person who, in the opinion of the Secretary, should be treated for the purposes of this definition as one of the relevant person's relations described in paragraph (a) or (b).
Note: For parent see subsection 5(1), paragraph (a) of the definition of parent .
(15) For the purposes of Part 2.11 and the Youth Allowance Rate Calculator in section 1067G, each of the following is a family member in relation to a person (the relevant person ):
(a) a parent of the relevant person;
(b) a child of a parent of the relevant person who is wholly or substantially dependent on the parent, being either a child under 16 or a child who:
(i) is at least 16 years of age but has not yet attained the maximum age for youth allowance under section 543B (disregarding subsection 543B(2)); and
(ii) is not independent (see section 1067A); and
(iii) is not receiving a pension, benefit or allowance referred to in Module L of the Rate Calculator.
Note: For parent see subsection 5(1), paragraph (b) of the definition of parent .
(16) A reference in this Act to a social security payment being not payable includes a reference to its being not payable under the Administration Act.
(17) For the purposes of this Act, the social security law is:
(a) this Act; and
(b) the Administration Act; and
(c) any other Act, or provision of an Act, that is expressed to form part of the social security law; and
(d) a legislative instrument made under an Act or provision referred to in paragraph (a), (b) or (c).
(20) For the purposes of this Act, a full - time student load , for a course of study, is the study load represented by units of study, forming part of the course, that have a total EFTSL value of one EFTSL.
(21) Expressions used in subsection (20) that are defined in the Higher Education Support Act 2003 have in that subsection, unless the contrary intention appears, the same meaning as in that Act.
(22) For the purposes of this Act, if one person is the relationship child of another person, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.
(23) Subsection (22) does not apply for the purposes of determining when a person and his or her partner are within a prohibited relationship under subsection 4(12).
Indigenous student assistance scholarships
(24) The Secretary may, by legislative instrument, specify a scholarship for the purposes of:
(a) subparagraph (a)(ii) of the definition of disqualifying accommodation scholarship in subsection (1); or
(b) subparagraph (a)(ii) of the definition of disqualifying education costs scholarship in subsection (1).
Self - Employment Assistance program
(25) If the program known as the Self - Employment Assistance program becomes known by another name, the Employment Secretary must, by notifiable instrument, give notice of the change in name.