SOCIAL SECURITY (ADMINISTRATION) ACT 1999

Commonwealth Consolidated Acts

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SOCIAL SECURITY (ADMINISTRATION) ACT 1999

TABLE OF PROVISIONS

Long Title

PART 1--PRELIMINARY

1. Short title
2. Commencement
2A. Application of the Criminal Code
3. Interpretation
5. Manner of giving notice
6. Effect of certain determinations
6A. Secretary may arrange for use of computer programs to make decisions
6B. Norfolk Island

PART 2--GENERAL--ADMINISTRATION OF SOCIAL SECURITY LAW

7. General administration of social security law
8. Principles of administration
10. Agreement on administrative arrangements

PART 3--PROVISION--OF BENEFITS

Division 1--Claim for social security payment or concession card

Subdivision A--Need for claim

11. General rule

Subdivision B--Cases where claim not necessary

12. Deemed claim in certain cases
12A. One - off payment to the aged
12AA. One - off payments to carers
12AB. Economic security strategy payment and training and learning bonus
12AC. One - off energy assistance payment
12AD. 2019 one - off energy assistance payment
12AE. 2020 economic support payment
12AF. Additional economic support payments
12AG. Remote engagement program payment
12AH. 2022 cost of living payment
12B. Language, literacy and numeracy supplement
12C. Utilities allowance
12D. Energy supplement
12DA. Quarterly pension supplement
12DB. Quarterly energy supplement
12E. Child disability assistance
12F. Carer allowance
12G. Carer supplement
12H. Relocation scholarship payment
12K. Clean energy advance
12L. FHA supplement and relief payment
13. Deemed claim--person contacting Department about a claim for a social security payment
14. Deemed claim--person contacting Department about a claim for a concession card
14A. Determination for purposes of sections 13 and 14
15. Deemed claim--incorrect or inappropriate claims
15A. Deemed claim--certain claims for carer allowance

Subdivision C--Manner of making a claim

16. How to make a claim
17. Special requirements regarding claims for pension bonus
18. Additional provisions regarding claim for special employment advance
19. Special requirements regarding claims for essential medical equipment payment

Subdivision E--Time limits for claims for pension bonus

20. Interpretation
21. General rule
22. Last bonus period a full - year period
23. Last bonus period a part - year period
24. Claim by exempt partnered person
25. Claim where membership has become non - accruing
26. Claim where person has post - 75 work period

Subdivision EA--Time limits for claims for pension bonus bereavement payment

26A. General rule
26B. Extension

Subdivision EB--Time limits for claims for student start-up loans

26C. Time limit for claim

Subdivision F--Time limit for claims for fares allowance

27. Time limit for claim

Subdivision FAA--Time limit for claims for Disaster Recovery Allowance

27AA. Time limit for claims for Disaster Recovery Allowance

Subdivision FA--Time limit for claims for AGDRP

27A. Time limit for claim

Subdivision FB--Time limit for claims for AVTOP

27B. Time limit for claims for AVTOP

Subdivision G--Age requirement for certain claims

28. Claims for disability support pension

Subdivision H--Residence requirements for claimants

29. General rule
30. Residence requirements for claimants for special benefit
30A. Exclusion from section 29 residence requirement of crisis payment claimants holding certain visas
31. Exclusion of certain claims from requirements of section 29
31A. Exclusion of certain claims by special category visa holders from section 29 residence requirement

Subdivision I--Withdrawal of claim

33. Right to withdraw
34. Manner of withdrawal

Subdivision J--Special provision for certain claims

35. Claims by persons in gaol etc.
35A. Claims for advance pharmaceutical allowance
35B. Secondary victim claims for AVTOP

Division 2--Determination of claim

36. Obligation of Secretary to determine claim
37. Grant of claim
37AA. Grant of claim--schooling requirements
37A. Duration of certain health care cards
38. Refusal of claim for special employment advance
39. Deemed refusal of claim
40. Rejection of claim for failure to obtain foreign payment

Division 2A--Employment pathway plans

Subdivision A--Entry into employment pathway plans

40A. Requirement to enter into employment pathway plans
40B. Use of technological processes
40C. Use of questionnaire
40D. Employment pathway plans--plans developed by the Employment Secretary
40E. Employment pathway plans--streamlined processes
40F. Employment pathway plan matters
40G. Employment pathway plans--examples of requirements

Subdivision B--What employment pathway plans must not contain

40H. Employment pathway plans not to contain requirements about undertaking unsuitable paid work
40J. Employment pathway plans not to contain requirements to participate in an approved program of work
40K. Employment pathway plans not to contain certain other requirements

Subdivision C--Exemptions from employment pathway plan requirements

40L. Circumstances making it unreasonable etc. to comply with requirements
40M. Death of person's partner
40N. Domestic violence
40P. Caring responsibilities
40Q. Pre - natal and post - natal relief
40R. Persons engaged in work
40S. Jobseeker payment rules only
40T. Exceptional circumstances
40U. General rules

Subdivision D--Variation, cancellation and review of employment pathway plans

40V. Variation, cancellation and review of employment pathway plans

Subdivision E--Notification of circumstances preventing or affecting compliance with employment pathway plans

40W. Notification of circumstances preventing or affecting compliance with employment pathway plans

Division 2B--Circumstances in which paid work is unsuitable

40X. Circumstances in which paid work is unsuitable

Division 2C--Guidelines

40Y. Guidelines

Division 3--Commencement of social security payment

41. Commencement
42. Start day

Division 3AA--Compliance with participation payment obligations: persons other than declared program participants

Subdivision A--Introduction

42AA. Simplified outline of this Division
42AB. Division not to apply to declared program participants

Subdivision B--Failures for which compliance action must be taken

42AC. Mutual obligation failures
42AD. Work refusal failures
42AE. Unemployment failures

Subdivision C--Compliance action that must be taken for particular failures

42AF. Compliance action for mutual obligation failures
42AG. Compliance action for work refusal failures
42AH. Compliance action for unemployment failures
42AI. Reasonable excuses--matters that must or must not be taken into account
42AJ. Reasonable excuses for mutual obligation failures--prior notification required for certain failures
42AK. Relationship between provisions of this Subdivision

Subdivision D--Effect of taking particular compliance action

42AL. Payment suspension periods for mutual obligation failures and work refusal failures
42AM. Reconnection requirements for mutual obligation failures and work refusal failures
42AN. Reducing instalments of participation payments for mutual obligation failures
42AO. Unemployment preclusion periods for unemployment failures by persons claiming participation payments
42AP. Cancelling participation payments

Subdivision E--Miscellaneous

42AQ. Persons for whom participation payments not payable taken to still be receiving payment for certain purposes
42AR. Minister to make determinations for purposes of this Division
42AS. Relationship with section 80

Division 3A--Compliance with participation payment obligations: declared program participants

Subdivision A--Introduction

42A. Simplified outline of this Division
42B. Application of this Division only to declared program participants

Subdivision B--No show no pay failures

42C. No show no pay failures
42D. Deducting the penalty amount

Subdivision C--Connection and reconnection failures

42E. Connection failures
42F. Requiring a person to apply for job vacancies
42G. Reconnection requirements
42H. Reconnection failures
42J. Further reconnection requirements
42K. Notification requirements
42L. Deduction of penalty amount

Subdivision D--Serious failures

42M. Serious failure for persistent non - compliance
42N. Serious failure for refusing or failing to accept an offer of paid work
42NA. Comprehensive compliance assessment
42NC. Determination about serious failure requirements and severe financial hardship
42P. Consequences of serious failure
42Q. Ending serious failure periods
42R. Determining that participation payments payable

Subdivision E--Unemployment resulting from a voluntary act or misconduct

42S. Unemployment resulting from a voluntary act or misconduct

Subdivision EA--Immediate non-payment of participation payments for certain failures

42SA. Immediate non - payment of participation payments for certain failures

Subdivision EB--Failures by certain recipients of parenting payments

42SB. Suspension of payments for certain failures

Subdivision EC--Non-attendance failures

42SC. Non - attendance failures
42SD. Deduction of penalty amount

Subdivision F--General provisions

42T. Legislative instrument determining method for working out penalty amount
42U. Legislative instruments relating to reasonable excuse
42UA. Prior notification of excuse
42V. Deduction from any participation payment
42W. Penalty amount not a debt
42X. Payability
42Y. Day of determination
42YA. Relationship between Subdivisions of this Division
42Z. Relationship with section 80

Division 4--Payment of social security payment

43. Payment by instalments
44. Payment of instalments to person or nominee
45. Payment of youth allowance--person under 18 and not independent
46. Payment of special employment advance
46A. Payment of AGDRP
46B. Payment of AVTOP
47. Payment of lump sum benefits
47A. Payment of one - off payment to the aged
47AB. Payment of carer supplement
47AC. Payment of one - off energy assistance payment
47AD. Payment of 2019 one - off energy assistance payment
47AE. Payment of first 2020 economic support payment
47AF. Payment of second 2020 economic support payment
47AG. Payment of additional economic support payment 2020
47AH. Payment of additional economic support payment 2021
47AI. Payment of 2022 cost of living payment
47B. Payment of one - off payments to carers
47C. Payment of economic security strategy payments and training and learning bonuses
47CA. Payment of activity supplement or farm financial assessment supplement
47CB. Payment of FHA supplement or relief payment
47D. Payment of clean energy advance
47DAA. Payment of essential medical equipment payment
47DA. Relocation scholarship payments
47DB. Student start - up loans
48. Payment of telephone allowance
48A. Payment of utilities allowance
48B. Payment of energy supplement
48C. Payment of quarterly pension supplement
48D. Payment of quarterly energy supplement
49. Timing of payment of fares allowance
50. To whom fares allowance is to be paid
50A. Payment of child disability assistance
51. Advance in case of severe financial hardship
52. Payment of certain amounts outside Australia
53. Payment of instalments where pension received under other legislation
54. Rounding off instalments of social security payments
55. Payment into bank account etc.
56. Youth allowance--failure to nominate parent
57. Change of particular payday
58. Payment of social security payment after death
59. Payment of pension bonus or pension bonus bereavement payment after death

Division 5--Protection of social security payments

60. Protection of social security payment
61. Deduction at request of recipient--payments to Commissioner of Taxation
61A. Deduction at request of recipient--other payments
62. Effect of garnishee or attachment order

Division 6--Requirement to provide information, undergo medical examination etc.

Subdivision A--General

63. Requirement to attend Department etc.
63A. Proof of life certificate
64. Effect of failing to comply with requirement to attend Department etc.
66. Notice to obtain foreign payment

Subdivision B--Requirement to give information about change of circumstances etc.

66A. General requirement to inform of a change of circumstances etc.
67. Person who has made a claim
68. Person receiving social security payment or holding concession card
69. Person who has received a social security payment or who has held a concession card
70. Care receiver in respect of whom carer payment being made
70AA. Person who is subject to the enhanced income management regime etc.
70A. Person who is subject to the income management regime etc.
72. Provisions relating to notice
73. Application of provisions
74. Offence--failure to comply with notice

Subdivision C--Provision of tax file numbers

75. Requesting tax file numbers
76. How request for tax file number is satisfied
77. Consequences of not giving tax file number

Division 7--Various determinations

Subdivision A--Provisions relating to social security payments

78A. When this Subdivision does not apply
78. Rate increase determination
79. Rate reduction determination
80. Cancellation or suspension determination
81. Cancellation or suspension for non - compliance with certain notices
81A. Rate reduction determination for non - compliance with notice relating to rent assistance
82. Cancellation or suspension for failure to take action to obtain foreign payment
83. Changes to payments by computer
84. Automatic transfer by computer
85. Resumption of payment after cancellation or suspension--general
85AA. Resumption of payment after cancellation or suspension--provision of proof of life certificate
85A. Rate increase determination following rate reduction for non - compliance with notice relating to rent assistance

Subdivision B--Provisions relating to concession cards

86. Cancellation--person not qualified
87. Cancellation--non - compliance with certain notices
88. Changes to qualification by computer
89. Resumption of qualification

Division 8--Automatic cancellations and variations

Subdivision A--Social security payments

90A. When this Subdivision does not apply
90. Automatic cancellation--transfer to new payment type
91. Automatic cancellation of parenting payment on transfer to new payment type--member of couple
93. Automatic cancellation--recipient complying with subsection 68(2) notice
94. Automatic cancellation--recipient not complying with subsection 68(2) notice
95. Automatic cancellation--failure to provide statement under subsection 68(2)
95A. Automatic cancellation of carer payment for non - compliance with section 70 notice
95B. Automatic suspension or cancellation--carer allowance
95C. Social security payment--suspension instead of cancellation under section 93 or 94
95CA. Carer payment--suspension instead of cancellation under section 93 or 94
95D. Age pension--suspension instead of cancellation under section 93 or 94
96. Disability support pension--suspension instead of cancellation under section 93
97. Disability support pension--suspension taken to have been under section 96
97A. Disability support pension--suspension instead of cancellation under section 94 (person obtains work)
97B. Disability support pension--suspension instead of cancellation under section 94 (person's income)
97C. Age pension, disability support pension and carer payment--suspension instead of cancellation under section 93 or 94 (partners)
98. Automatic rate reduction--partner starting to receive pension or benefit
99. Automatic rate reduction--recipient complying with subsection 68(2) notice
100. Automatic rate reduction--recipient not complying with subsection 68(2) notice
101. Automatic rate reduction--receipt of pension or veteran payment by person receiving parenting payment
103. Changes to payments by computer following automatic cancellation or reduction

Subdivision B--Concession cards

104. Automatic cancellation--holder complying with subsection 68(4) notice
105. Automatic cancellation--holder not complying with subsection 68(4) notice
106. Changes by computer following automatic cancellation
106A. Automatic cancellation on cessation of qualification

Subdivision C--Additional provision for certain pensioner concession cards and automatic issue health care cards

106B. Automatic cancellation

Division 9--Date of effect of determinations

Subdivision A--Determinations relating to claims

107. General rule

Subdivision B--Determinations under section 78, 81A, 85, 85AA or 85A

108. Definition
109. Date of effect of favourable determination resulting from review
109A. Date of effect of determination under section 78 resulting from review required by section 126A
110. Date of effect of favourable determination
110A. Date of effect of favourable determinations resuming payment after suspensions relating to non - compliance
111. Date of effect of section 78 determination resulting from indexation or adjustment
114. Date of effect of other favourable determinations
114A. Date of effect of favourable determination--portability extensions

Subdivision C--Determinations under section 89

115. Definition
116. Date of effect of favourable determination resulting from review--concession cards

Subdivision D--Date of effect of adverse determinations relating to social security payments

117. Definition
118. Date of effect of adverse determinations--general rules
120. Additional rules in the case of carer payment

Subdivision E--Date of effect of adverse determinations relating to concession cards

121. Definition
122. Date of effect of adverse determinations

Division 10--Continuing effect of determinations

123. Continuing effect of determinations

Division 11--Estimates and verification of maintenance income for Youth Allowance Rate Calculator

123AA. Estimate of maintenance income for Youth Allowance Rate Calculator
123AB. Verification of maintenance income for Youth Allowance Rate Calculator
123AC. Annualised maintenance income free area
123AD. Annual amount of estimated maintenance income

PART 3A--NOMINEES

Division 1--Preliminary

123A. Definitions

Division 2--Appointment of nominees

123B. Appointment of payment nominee
123C. Appointment of correspondence nominee
123D. Provisions relating to appointments
123E. Suspension and revocation of nominee appointments

Division 3--Payments to payment nominee

123F. Payment of instalments etc. to payment nominee

Division 4--Functions and responsibilities of nominees

123G. Definition
123H. Actions of correspondence nominee on behalf of benefit recipient
123I. Giving of notices to correspondence nominee
123J. Compliance by correspondence nominee
123K. Notification by n ominee of matters affecting ability to act as nominee
123L. Statement by payment nominee regarding disposal of money

Division 5--Other matters

123M. Protection of principal against liability for actions of nominee
123N. Protection of nominee against criminal liability
123O. Duty of nominee to principal
123P. Saving of Secretary's powers of revocation
123Q. Saving of Secretary's powers to give notices to principal
123R. Notification of nominee where notice given to principal
123S. Right of nominee to attend with principal

PART 3AA--ENHANCED--INCOME MANAGEMENT REGIME

Division 1--Introduction

123SA. Simplified outline of this Part
123SB. Definitions

Division 2--Persons subject to the enhanced income management regime

Subdivision A--Queensland Commission

123SC. Persons subject to the enhanced income management regime--Queensland Commission

Subdivision B--Child protection

123SCA. Persons subject to the enhanced income management regime--child protection

Subdivision C--School enrolment and attendance

123SCB. Persons subject to the enhanced income management regime--school enrolment
123SCC. Persons subject to the enhanced income management regime--school attendance
123SCD. Eligible care child
123SCE. Eligible care period
123SCF. Declared primary school area and declared secondary school area
123SCG. Applicable school period
123SCH. Unsatisfactory school attendance situation
123SCI. Formal warning--unsatisfactory school attendance situation

Subdivision D--Referrals by recognised State/Territory authority

123SCJ. Persons subject to the enhanced income management regime--referrals by recognised State/Territory authority
123SCK. Recognised State/Territory authority

Subdivision E--Vulnerable welfare payment recipients

123SCL. Persons subject to the enhanced income management regime--vulnerable welfare payment recipients
123SCM. Determination by Secretary--vulnerable welfare payment recipient

Subdivision F--Disengaged youth and long-term welfare payment recipients

123SD. Persons subject to the enhanced income management regime--Northern Territory
123SDA. Persons subject to the enhanced income management regime--persons residing in other areas
123SDB. Exempt welfare payment recipient--inclusion in specified class
123SDC. Exempt welfare payment recipient--person is not the principal carer of a child
123SDD. Exempt welfare payment recipient--person is the principal carer of a child
123SDE. Full - time student
123SDF. School age child

Subdivision G--Volunteers

123SE. Persons subject to the enhanced income management regime--volunteers
123SF. Voluntary enhanced income management agreement
123SG. Duration of voluntary enhanced income management agreement
123SH. Termination of voluntary enhanced income management agreement

Subdivision H--Relationship with other provisions

123SI. Relationship with other provisions
123SIA. Requests to transfer from the income management regime

Division 3--Portioning of welfare payments

Subdivision A--Persons subject to the enhanced income management regime--Queensland Commission

123SJ. Category B welfare payment to be split into qualified and unqualified portions
123SK. Payment of balance of qualified portion of category B welfare payment
123SL. Recipient's use of funds from category B welfare payments

Subdivision AA--Persons subject to the enhanced income management regime--child protection

123SLA. Category B welfare payment to be split into qualified and unqualified portions
123SLB. Payment of balance of qualified portion of category B welfare payment
123SLC. Recipient's use of funds from category B welfare payments

Subdivision AB--Persons subject to the enhanced income management regime--school enrolment and attendance

123SLD. Category B welfare payment to be split into qualified and unqualified portions
123SLE. Payment of balance of qualified portion of category B welfare payment
123SLF. Recipient's use of funds from category B welfare payments

Subdivision AC--Persons subject to the enhanced income management regime--referrals by recognised State/Territory authority

123SLG. Category B welfare payment to be split into qualified and unqualified portions
123SLH. Payment of balance of qualified portion of category B welfare payment
123SLI. Recipient's use of funds from category B welfare payments

Subdivision AD--Persons subject to the enhanced income management regime--vulnerable welfare payment recipients

123SLJ. Relevant payment to be split into qualified and unqualified portions
123SLK. Payment of balance of qualified portion of relevant payment
123SLL. Recipient's use of funds from relevant payments

Subdivision B--Persons subject to the enhanced income management regime--disengaged youth and long-term welfare payment recipients

123SM. Category D welfare payment to be split into qualified and unqualified portions
123SN. Payment of balance of qualified portion of category D welfare payment
123SO. Recipient's use of funds from category D welfare payments

Subdivision C--Persons subject to the enhanced income management regime--volunteers

123SP. Category B welfare payment to be split into qualified and unqualified portions
123SQ. Payment of balance of qualified portion of category B welfare payment
123SR. Recipient's use of funds from category B welfare payments

Division 4--Information

123SS. Disclosure of information to the Secretary--financial institution
123ST. Disclosure of information--Queensland Commission
123STA. Disclosure of information--child protection
123STB. Disclosure of information--school enrolment and attendance
123STC. Disclosure of information--referrals by recognised State/Territory authority

Division 5--Other matters

123SU. BasicsCard bank accounts
123SV. Exceptions to Part IV of the Competition and Consumer Act 2010
123SVA. Periodic estimates of cost of enhanced income management regime
123SW. This Part has effect despite other provisions etc.

PART 3B--INCOME--MANAGEMENT REGIME

Division 1--Introduction

123TA. Simplified outline
123TB. Objects
123TC. Definitions
123TF. Declared child protection State or Territory
123TG. Declared primary school area and declared secondary school area
123TGAA.Recognised State/Territory authority
123TGAB.Recognised State or Territory
123TGA. Declared voluntary income management area
123TH. Priority needs
123TI. Excluded goods and excluded services
123TJ. Pornographic material
123TK. Eligible recipient

Division 2--Persons subject to the income management regime

Subdivision A--Situations in which a person is subject to the income management regime

123UA. Persons subject to the income management regime
123UC. Persons subject to the income management regime--child protection
123UCA. Persons subject to the income management regime--vulnerable welfare payment recipients
123UCB. Persons subject to the income management regime--disengaged youth
123UCC. Persons subject to the income management regime--long - term welfare payment recipients
123UD. Persons subject to the income management regime--school enrolment
123UE. Persons subject to the income management regime--school attendance
123UF. Persons subject to the income management regime--Queensland Commission
123UFAA.Persons subject to the income management regime--other State/Territory referrals
123UFA. Persons subject to the income management regime--voluntary income management agreement

Subdivision BA--Additional provisions relating to vulnerable welfare payment recipients

123UGA. Vulnerable welfare payment recipients

Subdivision BB--Additional provisions relating to disengaged youth and long-term welfare payment recipients

123UGB. Exempt welfare payment recipient--inclusion in specified class
123UGC. Exempt welfare payment recipient--person is not the principal carer of a child
123UGD. Exempt welfare payment recipient--person is the principal carer of a child
123UGF. Full - time student
123UGG. School age child

Subdivision C--Additional provisions relating to school enrolment and attendance

123UH. Eligible care child
123UI. Applicable school period
123UJ. Eligible care period
123UK. Unsatisfactory school attendance situation
123UL. Formal warning--unsatisfactory school attendance situation

Subdivision D--Voluntary income management agreements

123UM. Voluntary income management agreement
123UN. Duration of voluntary income management agreement
123UO. Termination of voluntary income management agreement

Subdivision E--Relationship with Part 3AA

123UP. Payment of credit balances of income management account to BasicsCard bank account

Division 3--Establishment of the Income Management Record

123VA. Establishment of the Income Management Record
123VC. Bank account

Division 4--Income management accounts

Subdivision A--Income management accounts

123WA. Income management accounts
123WB. Opening of income management accounts
123WC. Closing of income management accounts
123WD. Income management accounts may have a nil balance
123WE. One income management account per person
123WF. Credits to, and debits from, a person's income management account

Subdivision B--Account statements

123WG. Internet and telephone access to account statements etc.
123WH. Person may request account statements
123WI. Account statements to be given

Subdivision C--Miscellaneous

123WJ. Payment of credit balances of income management accounts--person ceases to be subject to the income management regime
123WJA. Ceasing payment of credit balances of income management accounts--person becomes subject to the income management regime again
123WK. Payment into bank account etc. of credit balances of income management accounts--person ceases to be subject to the income management regime
123WL. Payment of credit balances of income management accounts--person dies
123WM. Payment into bank account etc. of credit balances of income management accounts--person dies
123WN. Crediting of amounts to income management accounts--Ministerial rules

Division 5--Deductions from welfare payments

Subdivision B--Child protection

123XI. Deductions from category I welfare payments--instalments
123XJ. Deductions from category I welfare payments--lump sums

Subdivision BA--Vulnerable welfare payment recipients

123XJA. Deductions from category I welfare payments--instalments
123XJB. Deductions from category I welfare payments--lump sums

Subdivision BB--Disengaged youth and long-term welfare payment recipients

123XJC. Deductions from category I welfare payments--instalments
123XJD. Deductions from category I welfare payments--lump sums

Subdivision C--School enrolment and attendance

123XK. Deductions from category I welfare payments--instalments
123XL. Deductions from category I welfare payments--lump sums

Subdivision D--Queensland Commission

123XM. Deductions from category Q welfare payments--instalments
123XN. Deductions from category Q welfare payments--lump sums
123XO. Deductions from category S welfare payments--instalments
123XP. Deductions from category S welfare payments--lump sums

Subdivision DAA--Other State/Territory referrals

123XPAA.Deductions from category I welfare payments--instalments
123XPAB.Deductions from category I welfare payments--lump sums

Subdivision DA--Voluntary income management agreements

123XPA. Deductions from category I welfare payments--instalments
123XPB. Deductions from category I welfare payments--lump sums

Subdivision DB--Economic support payments, economic security strategy payments, household stimulus payments and cost of living payments

123XPBA.Deductions from 2020 economic support payments
123XPBB.Deductions from additional economic support payments
123XPC. Deductions from economic security strategy payments
123XPD. Deductions from household stimulus payments
123XPE. Deductions from 2022 cost of living payment

Subdivision DC--Relocation scholarship payments

123XPG. Deductions from relocation scholarship payments

Subdivision DE--Clean energy income-managed payments

123XPJ. Deductions from clean energy income - managed payments

Subdivision DF--ETR income-managed payments

123XPK. Deductions from ETR income - managed payments

Subdivision E--Deducted amount taken to have been paid

123XQ. Deducted amount taken to have been paid

Division 6--Debits from income management accounts

Subdivision A--General

123YA. Priority needs--application of income management account
123YB. Secretary must have regard to the best interests of children

Subdivision B--Restricted debits

123YC. Vouchers--general
123YD. Vouchers--Part 3B payment nominee
123YE. Stored value cards--general
123YF. Stored value cards--Part 3B payment nominee
123YG. Expense payment--general
123YH. Expense payment--Part 3B payment nominee
123YI. Crediting of account--general
123YJ. Crediting of account--Part 3B payment nominee
123YK. Transfers to accounts--general
123YL. Transfers to accounts--Part 3B payment nominee
123YM. Restricted direct payment--general
123YN. Restricted direct payment--Part 3B payment nominee

Subdivision C--Unrestricted debits

123YO. Unrestricted direct payment--general
123YP. Unrestricted direct payment--Part 3B payment nominee

Subdivision D--Miscellaneous action

123YQ. Miscellaneous action
123YR. Credit of income management account in error

Division 7--Information

123ZB. Information - gathering powers--school enrolment and attendance
123ZC. Child protection--notice of cancellation of category H welfare payments
123ZD. Queensland Commission--notice of cancellation of welfare payments
123ZDA. Other State/Territory referrals--notice of cancellation of category H welfare payments
123ZE. Disclosure of information to the Secretary--child protection
123ZEA. Disclosure of information to the Secretary--Queensland Commission
123ZEAA.Disclosure of information to the Secretary--other State/Territory referrals
123ZEB. Disclosure of information to the Secretary--school enrolment and attendance

Division 8--Debt recovery etc.

123ZF. Person other than payee obtaining payment of a cheque
123ZG. Misuse of vouchers and stored value cards
123ZH. Repayment of money credited to an account
123ZI. Breach of condition relating to crediting of account
123ZIA. Balance of income management account falls below value of action taken under Division 6
123ZJ. Value of action taken under Division 6 exceeds credit balance of income management account
123ZJA. Action purportedly taken under Division 6 as a result of administrative error

Division 9--Miscellaneous

123ZK. Secretary must comply with certain directions given by the Queensland Commission
123ZL. Surrender of unused vouchers and unused stored value cards
123ZM. Vouchers
123ZN. Appropriation
123ZNA. Recording of amounts in accounts and records
123ZO. This Part has effect despite other provisions etc.

PART 3C--SCHOOLING--REQUIREMENTS

Division 1--General

124. Scope
124A. Enrolment and attendance at school
124B. Schooling requirement child
124C. Schooling requirement determination
124D. Schooling requirement payments
124E. Application to payments under the Veterans' Entitlements Act

Division 2--School enrolment

124F. School enrolment--enrolment notices
124G. School enrolment--condition of schooling requirement payments
124H. School enrolment--suspension or cancellation for non - compliance with enrolment notice
124J. School enrolment--when payments become payable after suspension

Division 3--School attendance notices

124K. School attendance--attendance notices
124L. School attendance--condition of schooling requirement payments
124M. School attendance--suspension or cancellation for non - compliance with attendance notice
124N. School attendance--when payments become payable after suspension

Division 3A--School attendance plans

124NA. When this Division applies
124NB. Conference notices
124NC. School attendance plans
124ND. Compliance notices
124NE. School attendance--condition of schooling requirement payments
124NF. School attendance--suspension or cancellation for non - compliance with compliance notice
124NG. School attendance--when payments become payable after suspension

Division 4--Information about schooling

124P. Schooling requirements--information about schooling

Division 5--General provisions

124PA. Relationship between Divisions of this Part

PART 4--INTERNAL--REVIEW OF DECISIONS

Division 1--Effect of Part

124Q. Application of Part to decisions under repealed laws
125. Decisions by officers under instruments

Division 2--Internal review

126. Review of decisions by Secretary
126A. Review of determination of youth allowance rate in relation to maintenance income
127. Decisions that are not reviewable by the Secretary
128. Notice to ART Principal Registrar
129. Application for review
130. Withdrawal of application
131. Secretary may continue payment pending outcome of application for review
132. Guidelines for exercise of Secretary's power to continue payment
135. Review of decisions following application under section 129
136. Notice of decision on review
137. Certain decisions not to be revived
138. Notification of further rights of review

Division 2A--Internal review of certain Commissioner decisions relating to student start-up loans

138A. Decisions reviewable under this Division
138B. Commissioner must give reasons for reviewable decisions
138C. Reviewer of decisions
138D. Reviewer may reconsider reviewable decisions
138E. Notice to ART Principal Registrar
138F. Reconsideration of reviewable decisions on request
138G. Withdrawal of request
138H. ART review of reviewable decisions
138J. Decision changed before ART review completed

PART 4A--REVIEW--BY THE ART

Division 1--Preliminary

139. Simplified outline of this Part

Division 2--ART review

Subdivision A--Preliminary

140. Application of Division
140A. Definition of employment pathway plan decision

Subdivision B--ART review: applications

142. Reviewable decisions
142A. Person who made the decision
142B. Decision - maker taken to have elected not to participate in ART review proceeding
143. Application requirement--employment pathway plan decisions
144. Non - reviewable decisions
145. Secretary may continue payment pending outcome of application for review
146. Guidelines for exercise of Secretary's power to continue payment

Subdivision C--ART review: relationship with ART Act

147. Application and modification of ART Act
147A. Operation and implementation of decision under ART review
147B. Remitting decisions for reconsideration
147C. Legal or financial assistance

Subdivision D--ART review: other matters

148. Procedure on receipt of application for certain ART reviews
165A. ART's power to obtain information for ART review
166. Exercise by Secretary of powers under section 192
168. Hearing of certain ART reviews in private
176. Costs of review
177. Assessment of rate of social security payment
181. Settlement of proceedings before the ART
182. Variation or substitution of decision before ART review determined
183. Secretary or ART may treat event as having occurred

PART 5--INFORMATION--MANAGEMENT

Division 1--Information gathering

191. Application of Division
191A. Reasonable belief needed to require information or documents
192. General power to obtain information
193. Power to obtain information from a person who owes a debt to the Commonwealth
194. Obtaining information about a person who owes a debt to the Commonwealth
195. Obtaining information to verify claims etc.
196. Written notice of requirement
197. Offence--failure to comply with requirement
197A. Self - incrimination
197B. Use of information in investigations etc.
198. Relationship with other laws

Division 2--End-of-employment statements

199. Request for end - of - employment statement
200. Offence--failure to give end - of - employment statement

Division 3--Confidentiality

201. Operation of Division
201A. Definitions
202. Permitted obtaining of, making a record of, disclosure of or use of protected information
202A. Obtaining of, making a record of, disclosure of or use of protected information relating to taxation information
203. Offence--unauthorised obtaining of protected information
204. Offence--unauthorised making a record of, disclosure of or use of protected information
204A. Use of tax file numbers
205. Offence--soliciting disclosure of protected information
206. Offence--offering to supply protected information
207. Protection of certain documents etc. from production to court etc.
208. Disclosure of information by Secretary
209. Guidelines for exercise of Secretary's disclosure powers
210. Officer's declaration

PART 6--OFFENCES

Division 1--Preliminary

211. Application of Part

Division 2--Offences

212. False statement in connection with claim or hardship request
213. False statement to deceive or affect rates
214. False statement or document
215. Obtaining payment that is not payable
216. Payment obtained through fraud etc.

Division 3--Penalties

217. Penalty for contravention of Division 2
218. Repayment of social security payment
219. Penalty where person convicted of more than one offence

Division 4--Procedural matters

220. Joining of charges
221. Particulars of each offence
222. Trial of joined charges
223. Evidentiary effect of Secretary's certificate
224. Enforcement of court certificate as judgment

Division 5--Liability of certain employers and principals for offences

Subdivision A--Interpretation

225. State of mind of a person
228. Offence

Subdivision C--Proceedings against non-corporations

231. State of mind of individual
232. Conduct of employee or agent
233. Exclusion of imprisonment as penalty for certain offences

PART 7--MISCELLANEOUS

234. Delegation
235. Authorised review officers
236. Decisions to be in writing
237. Notice of decisions
238. Payments to Commissioner of Taxation or the Child Support Registrar
239. Judicial notice of certain matters
240. Documentary evidence
240A. Form of cards
240B. Restrictions on listing of dependants
240C. Issue of replacement card on expiry of certain concession cards
241. Annual report
242. Appropriation
243. Regulations
243AA. Review by Parliamentary Joint Committee on Human Rights
243A. Review of operation of Youth Jobs PaTH program
243B. Review by Senate Committee

PART 8--TRANSITIONAL--AND SAVING PROVISIONS

244. Construction of references to 1991 Act
245. Correspondence of provisions
246. Saving of social security payments and concession cards
247. Saving of instruments under 1991 Act
248. Saving of claims for social security payments and concession cards
249. Transitional instalment period
250. Application for amount owing at recipient's death
251. Power to obtain information about events etc. before 20 March 2000
252. Unfinished reviews by Secretary
255. Saving of steps in review process
256. Entitlements and liabilities
257. Transitional regulations
SCHEDULE 1 Dictionary
SCHEDULE 2 Rules for working out start day
SCHEDULE 5 Provisions relating to the Chief Executive Centrelink etc.

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