Commonwealth Consolidated Acts

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 97C

Application

  (1)   This section applies if:

  (a)   one of the following determinations is made, in relation to a person who is a member of a couple, because of the occurrence of an event or change of circumstances:

  (i)   a determination under subsection   95D(3), (4) or (5) suspending the person's age pension because the pension ceased to be payable to the person ;

  (ii)   a determination under subsection   96(1), 97(1), 97A(1) or 97A(2) suspending the person's disability support pension because the person ceased to be qualified for the pension;

  (iii)   a determination under subsection   96(3), 97(3) or 97B(1) suspending the person's disability support pension because the pension ceased to be payable to the person;

  (iv)   a determination under subsection   56ED(3), (4) or (5) of the Veterans' Entitlements Act suspending the person's age service pension, invalidity service pension, income support supplement or veteran payment because the pension, supplement or payment ceased to be payable to the person; and

  (b)   immediately before the event or change of circumstances, the person's partner was receiving an age pension, disability support pension or carer payment; and

  (c)   the partner's pension or payment ceases to be payable to the partner because the rate of the partner's pension or payment is nil; and

  (d)   the partner's cessation of payability occurs because of the occurrence of the same event or change of circumstances that resulted in the person's cessation of payability or qualification; and

  (e)   because of the partner's cessation of payability, the partner's pension or payment is to be, or has been, cancelled under section   93 or 94.

Note:   For suspensions when a person's partner has been receiving service pension, income support supplement or veteran payment, see section   56EE of the Veterans' Entitlements Act.

Partner suspension determination

  (2)   The Secretary may determine that:

  (a)   the partner is to be treated as if section   93 or 94 does not apply or had not applied (as the case may be) to cancel the partner's pension or payment; and

  (b)   the partner's pension or payment is suspended with effect from the day the pension or payment would otherwise have ceased to be payable under section   93 or 94, for a period of:

  (i)   if section   94 would otherwise have applied--2 years and 14 days; or

  (ii)   in all other cases--2 years.

Resumption of partner's pension or payment after suspension

  (3)   If:

  (a)   the Secretary suspends the partner's pension or payment under subsection   (2); and

  (b)   within the period the suspension is in effect, the Secretary reconsiders the decision to suspend; and

  (c)   as a result of the reconsideration, the Secretary is satisfied that:

  (i)   the partner did not receive pension or payment that was payable to the partner; or

  (ii)   the partner is not receiving pension or payment that is payable to the partner;

the Secretary is to determine that pension or payment was or is payable to the partner, as the case requires.

  (4)   The reconsideration referred to in paragraph   (3)(b) may be a reconsideration on an application under section   129 or a reconsideration on the Secretary's own initiative.

  (5)   A determination that pension or payment was or is payable to the partner under subsection   (3) takes effect:

  (a)   if the partner applied for reconsideration under section   129--on the day the application was made; or

  (b)   in any other case--on the day the Secretary starts to reconsider the decision to suspend.

Cancellation of partner's pension or payment after period of suspension

  (6)   If:

  (a)   the Secretary suspends the partner's pension or payment for a period under subsection   (2); and

  (b)   the suspension continues in effect throughout the period;

then, at the end of the period, the determination granting the partner pension or payment is, by force of this subsection, revoked.

Partner ceasing to be member of couple

  (7)   To avoid doubt, subsections   (3) to (6) apply to the partner even if the partner ceases to be a member of the couple after the event or change of circumstances referred to in subsection   (1).