Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Part:
"2020 economic support payment" means:
(a) a first 2020 economic support payment under Division 1 of Part 2.6B of the 1991 Act; or
(b) a second 2020 economic support payment under Division 2 of Part 2.6B of the 1991 Act; or
(c) a first 2020 economic support payment under the ABSTUDY Scheme; or
(d) a second 2020 economic support payment under the ABSTUDY Scheme; or
(e) a first 2020 economic support payment under Division 1 of Part 9 of the Family Assistance Act; or
(f) a second 2020 economic support payment under Division 2 of Part 9 of the Family Assistance Act.
"2022 cost of living payment" means:
(a) a 2022 cost of living payment under Division 1 of Part 2.6D of the 1991 Act; or
(b) a 2022 cost of living payment under the ABSTUDY Scheme.
"account statement" , in relation to an income management account, means a statement that sets out:
(a) the amounts credited to the income management account during a particular period; and
(b) the amounts debited from the income management account during that period; and
(c) the balance of the income management account as at the end of that period.
"acquire" has the same meaning as in the Competition and Consumer Act 2010 .
"additional economic support payment" means:
(a) an additional economic support payment 2020 under Division 1 of Part 2.6C of the 1991 Act; or
(b) an additional economic support payment 2021 under Division 2 of Part 2.6C of the 1991 Act; or
(c) an additional economic support payment 2020 under Division 1 of Part 10 of the Family Assistance Act; or
(d) an additional economic support payment 2021 under Division 2 of Part 10 of the Family Assistance Act.
"applicable school period" has the meaning given by section 123UI.
"category E welfare payment" means:
(a) youth allowance; or
(b) jobseeker payment; or
(c) special benefit; or
(d) pension PP (single); or
(e) benefit PP (partnered).
"category H welfare payment" means:
(a) a social security benefit; or
(b) a social security pension; or
(c) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance; or
(d) a service pension; or
(e) income support supplement; or
(ea) a veteran payment.
"category I welfare payment" means:
(a) a category H welfare payment; or
(b) double orphan pension; or
(c) family tax benefit under the Family Assistance Act; or
(d) family tax benefit advance under the Family Assistance Administration Act; or
(e) stillborn baby payment under the Family Assistance Act; or
(g) carer allowance; or
(ga) child disability assistance; or
(gb) carer supplement; or
(h) mobility allowance; or
(i) pensioner education supplement; or
(j) telephone allowance under Part 2.25 of the 1991 Act; or
(k) veterans supplement under section 118B of the Veterans' Entitlements Act; or
(l) utilities allowance under Part 2.25A of the 1991 Act; or
(n) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or
(o) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement ; or
(p) a social security bereavement payment; or
(q) a veterans' entitlement bereavement payment; or
(s) an advance payment under Part 2.22 of the 1991 Act; or
(t) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or
(u) a mobility allowance advance under section 1045 of the 1991 Act; or
(v) an advance payment under Part IVA of the Veterans' Entitlements Act.
"category P welfare payment" means:
(a) a social security benefit; or
(b) a social security pension; or
(c) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance.
"category Q welfare payment" means:
(a) a category P welfare payment; or
(b) carer allowance; or
(ba) child disability assistance; or
(bb) carer supplement; or
(c) mobility allowance; or
(d) pensioner education supplement; or
(e) telephone allowance under Part 2.25 of the 1991 Act; or
(f) utilities allowance under Part 2.25A of the 1991 Act; or
(g) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or
(h) a social security bereavement payment (other than a social security bereavement payment in relation to an age pension or a carer payment); or
(i) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement ; or
(j) an advance payment under Part 2.22 of the 1991 Act (other than an advance payment of an age pension or a carer payment); or
(k) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or
(l) a mobility allowance advance under section 1045 of the 1991 Act; or
(m) double orphan pension; or
(n) family tax benefit under the Family Assistance Act; or
(o) family tax benefit advance under the Family Assistance Administration Act; or
(p) stillborn baby payment under the Family Assistance Act.
"category R welfare payment" means:
(c) a service pension; or
(d) income support supplement; or
(da) a veteran payment.
"category S welfare payment" means:
(a) family tax benefit under the Family Assistance Act; or
(b) family tax benefit advance under the Family Assistance Administration Act; or
(c) stillborn baby payment under the Family Assistance Act; or
(e) double orphan pension; or
(f) carer allowance; or
(fa) child disability assistance; or
(fb) carer supplement; or
(g) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre.
"child" of a person means:
(a) a child for whom the person is the principal carer; or
(b) an FTB child of the person; or
(c) on or after 1 July 2008--a regular care child of the person.
This definition does not apply to:
(d) the definition of child protection officer in this section; or
(e) Division 2; or
(f) subsection 123ZE(2); or
(g) section 123ZEB.
"child protection officer" means an officer or employee of a State or Territory who has functions, powers or duties in relation to the care, protection or welfare of children.
"clean energy income-managed payment" means:
(a) a clean energy advance under the 1991 Act; or
(c) a clean energy advance under the Family Assistance Act; or
(d) quarterly energy supplement under the 1991 Act; or
(e) quarterly energy supplement under the Veterans' Entitlements Act for service pension.
"closure day" means the day on which Part 1 of Schedule 1 to the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 commences.
"declared child protection State or Territory" has the meaning given by section 123TF.
"declared primary school area" has the meaning given by subsection 123TG(1).
"declared secondary school area" has the meaning given by subsection 123TG(3).
"declared voluntary income management area" has the meaning given by section 123TGA.
"economic security strategy payment" means:
(a) an economic security strategy payment under Part 2.17 of the 1991 Act; or
(b) an economic security strategy payment under Part VIIG of the Veterans' Entitlements Act; or
(c) an economic security strategy payment to families under Part 6 of the Family Assistance Act; or
(d) a payment under the scheme determined under Schedule 4 to the Social Security and Other Legislation Amendment (Economic Security Strategy) Act 2008 .
"eligible care child" has the meaning given by section 123UH.
"eligible care period" has the meaning given by section 123UJ.
"eligible recipient" has the meaning given by section 123TK.
"ETR income-managed payment" means:
(a) ETR payment under the Family Assistance Act; or
(b) ETR payment under the Veterans' Entitlements Act.
"excluded goods" has the meaning given by subsection 123TI(1).
"excluded Part 3B payment nominee" means:
(a) the Public Trustee (however described) of a State or Territory; or
(b) a Part 3B payment nominee who:
(i) is not subject to the enhanced income management regime (within the meaning of Part 3AA); and
(ii) is not subject to the income management regime.
"excluded service" has the meaning given by subsection 123TI(2).
"exempt welfare payment recipient" has the meaning given by section 123UGB, 123UGC or 123UGD.
"family law order" means:
(a) a parenting order within the meaning of section 64B of the Family Law Act 1975 ; or
(b) a family violence order within the meaning of section 4 of that Act; or
(c) a State child order registered under section 70D of that Act; or
(d) an overseas child order registered under section 70G of that Act.
"full-time student" has the meaning given by section 123UGF.
"household stimulus payment" means:
(a) a training and learning bonus under Part 2.18 of the 1991 Act; or
(c) an education entry payment supplement under Division 14 of Part 2.13A of the 1991 Act; or
(d) a back to school bonus or single income family bonus under Part 7 of the Family Assistance Act; or
(e) a payment under the scheme determined under Schedule 4 to the Household Stimulus Package Act (No. 2) 2009 .
"income management account" means a notional account kept in accordance with section 123WA.
"Income Management Record" means the Income Management Record established by section 123VA.
"income tax law" has the same meaning as in the Income Tax Assessment Act 1997 .
"net amount" of an instalment or payment means:
(a) if a deduction is made from, or an amount is set off against, the instalment or payment under:
(i) section 61 or 238 of this Act; or
(ii) section 1231 of the 1991 Act; or
(iii) section 84, 84A, 92, 92A, 225, 226 or 227 of the Family Assistance Administration Act; or
(iv) section 50A, 50B, 58J, 79L, 122B, 122D, 205 or 205AA of the Veterans' Entitlements Act;
so much of the instalment or payment as remains after the deduction is made or the set - off occurs, as the case may be; or
(b) in any other case--the amount of the instalment or payment.
"non-alcoholic beverage" means a beverage other than an alcoholic beverage.
"parenting plan" has the same meaning as in the Family Law Act 1975 .
"Part 3B payment nominee" means:
(a) a person who is, by virtue of an appointment in force under section 123B of this Act or section 219TB of the Family Assistance Administration Act, the payment nominee of another person; or
(b) a person to whom payment of another person's service pension or veteran payment is made by virtue of an approval in force under section 58D of the Veterans' Entitlements Act; or
(c) a person to whom payment of another person's service pension or veteran payment is made by virtue of an appointment in force under section 202 of the Veterans' Entitlements Act; or
(d) a person to whom another person's instalments of youth allowance are to be paid in accordance with subsection 45(1) of this Act.
"pornographic material" has the meaning given by section 123TJ.
"priority needs" has the meaning given by section 123TH.
"quarter" means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October.
"Queensland Commission" means a body or agency that:
(a) is established by a law of Queensland; and
(b) is specified in a legislative instrument made by the Minister for the purposes of this paragraph.
"recognised State or Territory" has the meaning given by section 123TGAB.
"recognised State/Territory authority" has the meaning given by section 123TGAA.
"registered parenting plan" has the same meaning as in the Family Law Act 1975 .
"repeal day" means the day on which Part 2 of Schedule 1 to the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 commences.
"school age child" has the meaning given by section 123UGG.
"stored value card" includes a portable device that is:
(a) capable of storing monetary value in a form other than physical currency; and
(b) of a kind specified in a legislative instrument made by the Minister for the purposes of this paragraph.
"subject to the income management regime" has the meaning given by section 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF, 123UFAA or 123UFA.
"supply" has the same meaning as in the Competition and Consumer Act 2010 .
"tobacco product" means:
(a) a tobacco product within the meaning of the Public Health (Tobacco and Other Products) Act 2023 ; or
(b) an e - cigarette product (within the meaning of that Act) that contains tobacco.
"unsatisfactory school attendance situation" has the meaning given by section 123UK.
"veterans' entitlement bereavement payment" means:
(a) a bereavement payment within the meaning of subsection 53K(3) of the Veterans' Entitlements Act; or
(b) a bereavement payment paid under subsection 53L(4) of that Act; or
(c) an amount paid under subsection 53Q(1) of that Act; or
(d) a bereavement payment within the meaning of subsection 53T(1) of that Act.
"voluntary income management agreement" means an agreement under section 123UM.
"vulnerable welfare payment recipient" has the meaning given by section 123UGA.