Social Security Act 1991
No. 46, 1991
Compilation No. 232
Compilation date: 1 July 2026
Includes amendments: Act No. 17, 2025
This compilation is in 6 volumes
Volume 1: | Chapter 1, Part 1.1 to Chapter 2, Part 2.10 |
| sections 1‑514F |
Volume 2: | Chapter 2, Part 2.11 to Chapter 2A, Part 2A1 |
| sections 540‑1061ZUC |
Volume 3: | Chapter 2AA, Part 2AA.1 to Chapter 3, Part 3.12 |
| sections 1061ZVAA‑1157 |
Volume 4: | Chapter 3, Part 3.12A to Chapter 6 |
| sections 1157A‑1263 |
| Schedule 1A |
Volume 5: | Endnotes 1‑4 |
Volume 6: | Endnotes 5 and 6 |
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Social Security Act 1991 that shows the text of the law as amended and in force on 1 July 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Chapter 1—Introductory
Part 1.1—Formal matters
1 Short title
2 Commencement
3 Application of the Criminal Code
3AA Norfolk Island
Part 1.2—Definitions
3A Power of Secretary to make determinations etc.
3AB References to Employment Secretary
3B Definitions—simplified outline
4 Family relationships definitions—couples
5 Family relationships definitions—children
5A Single person sharing accommodation
5B Registered and active foster carers
5C Home educators
5D Distance educators
5E Relatives (other than parents)
5F Secondary pupil child
5G Main supporter of secondary pupil child
6 Double orphan pension definitions
6A Concession card definitions
7 Australian residence definitions
8 Income test definitions
9 Financial assets and income streams definitions
9A Meaning of
Overview
The Social Security Act 1991 was enacted by the Commonwealth Parliament to provide for the payment of certain pensions, benefits, and allowances. This Act was designed to address the gaps in social security support for individuals and families in need, offering a safety net for those who are unable to support themselves due to age, disability, or other circumstances. It encompasses a broad range of provisions related to eligibility, rates, and the administration of various social security payments. The Act applies across Australia, including Norfolk Island, and is subject to amendments that reflect changes in policy and societal needs over time. While the Act does not explicitly state a singular policy objective, its overarching aim is to ensure that Australians in need receive adequate financial support, thereby promoting social welfare and equity within the community.
Scope and Application
The Social Security Act 1991 provides for the payment of certain pensions, benefits, and allowances in Australia. The Act applies to individuals and families who meet the eligibility criteria for these payments, including age, disability, and carer status. The Act also extends to Norfolk Island, and certain provisions are subject to modification through subordinate instruments. The Act includes various exclusions and exemptions, such as for individuals already receiving certain pensions or benefits, or those engaged in full-time study under specific schemes. Key provisions cover the qualification, calculation, and payment rates for different types of social security payments, including age pension, disability support pension, carer payment, and parenting payment. The Act further details the circumstances under which payments are not payable, such as due to exceeding asset limits, or for individuals engaged in certain types of work or receiving particular types of benefits. The Act is designed to support eligible Australians by providing financial assistance based on their specific needs and circumstances.
Key Provisions
- The Social Security Act 1991 provides for the payment of certain pensions, benefits, and allowances. Key provisions include those relating to the Age Pension (Part 2.2), Disability Support Pension (Part 2.3), Carer Payment (Part 2.5), and Parenting Payment (Part 2.10). The Act also includes sections on definitions (Part 1.2), and on the assets and income tests (Parts 1.10 and 1.11).
- The Act imposes a range of obligations and requirements on the parties or entities it governs. For example, it requires applicants to meet certain eligibility criteria, such as age, residency, and financial needs. It also requires applicants to provide documentation and information to support their claims, and to comply with ongoing reporting requirements. Failure to meet these obligations can result in the suspension or termination of benefits.
- The Act includes provisions for offences, penalties, and consequences for breach. For example, it provides for penalties for fraud, misrepresentation, and non-compliance with reporting requirements. The maximum penalties for these offences vary depending on the nature and severity of the breach, but can include fines, imprisonment, or both. The Act also provides for the recovery of overpayments, and for the cancellation or suspension of benefits in certain circumstances.
- Area of Law
- Social Security
- Family Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Licensing & Registration
- Enforcement Powers
- Compliance Obligations
- Prohibited Conduct