Social Security Act 1991 (Cth)

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Social Security Act 1991

No. 46, 1991

Compilation No. 226

Compilation date: 3 August 2025

Includes amendments: Act No. 30, 2025

This compilation is in 6 volumes

Volume 1:sections 1–514F

Volume 2: sections 540–1061ZUC

Volume 3: sections 1061ZVAA–1157

Volume 4: 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 3 August 2025 (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 (

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

An Act to provide for the payment of certain pensions, benefits and allowances, and for related purposes

Chapter 1IntroductoryPart 1.1Formal matters1Short title

This Act may be cited as the Social Security Act 1991.

2Commencement

This Act commences on 1 July 1991.

3Application of the Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.

3AANorfolk Island

This Act extends to Norfolk Island.

Part 1.2Definitions3APower of Secretary to make determinations etc.

If:

  1. (a)

    a provision of this Act refers to a determination made, approval given or other act done by the Secretary; and

  2. (b)

    there is no other provision of this Act expressly conferring power on the Secretary to make the determination, give the approval or do the act;

the Secretary has power by this section to make such a determination, give such an approval or do such an act, as the case requires.

3ABReferences to Employment Secretary

A reference in a provision of this Act or the Administration Act to the Employment Secretary does not, by implication, affect the meaning of a reference to the Secretary in any other provision of this Act or the Administration Act.

Note: Under subsection 23(1), Secretary generally means the Secretary of the Department. Applying section 19A of the Acts Interpretation Act 1901 (which deals with references in provisions of Acts to the Department), the Secretary referred to in many provisions of this Act or the Administration Act will be the Employment Secretary.

3BDefinitions – simplified outline

Sections 4 to 23 contain definitions of terms that are used in the social security law.

Subsection 23(1) contains an entry for each expression that is defined for the purposes of this Act. That subsection is like a Dictionary.

The entry is either an actual definition of the expression or a signpost definition that identifies the provision that defines the expression.

Many other sections in this Part contain the actual definitions relating to a particular topic. For example, sections 4 and 5 contain family relationship definitions and section 8 contains income test definitions.

4Family relationships definitions – couples
  1. (1)

    In this Act, unless the contrary intention appears:

approved respite care has the meaning given by subsection (9).

armed services widow means a woman who was the partner of:

  1. (a)

    a person who was a veteran for the purposes of any provisions of the Veterans’ Entitlements Act; or

  2. (b)

    a person who was a member of the forces for the purposes of Part IV of that Act; or

  3. (c)

    a person who was a member of a peacekeeping force for the purposes of Part IV of that Act; or

  4. (d)

    a person who was a member within the meaning of the Military Rehabilitation and Compensation Act for the purposes of that Act;

immediately before the death of the person.

armed services widower means a man who was the partner of:

  1. (a)

    a person who was a veteran for the purposes of any provisions of the Veterans’ Entitlements Act; or

  2. (b)

    a person who was a member of the Forces for the purposes of Part IV of that Act; or

  3. (c)

    a person who was a member of a Peacekeeping Force for the purposes of Part IV of that Act; or

  4. (d)

    a person who was a member within the meaning of the Military Rehabilitation and Compensation Act for the purposes of that Act;

immediately before the death of the person.

illness separated couple has the meaning given by subsection (7).

member of a couple has the meaning given by subsections (2), (3), (3A), (6) and (6A).

partner, in relation to a person who is a member of a couple, means the other member of the couple.

partnered has the meaning given by subsection (11).

partnered (partner getting benefit) has the meaning given by subsection (11).

partnered (partner getting neither pension nor benefit) has the meaning given by subsection (11).

partnered (partner getting pension) has the meaning given by subsection (11).

partnered (partner getting pension or benefit) has the meaning given by subsection (11).

partnered (partner in gaol) has the meaning given by subsection (11).

prohibited relationship has the meaning given by subsections (12) and (13).

respite care couple has the meaning given by subsection (8).

Member of a couple—general

  1. (2)

    Subject to subsection (3), a person is a member of a couple for the purposes of this Act if:

    1. (a)

      the person is legally married to another person and is not, in the Secretary’s opinion (formed as mentioned in subsection (3)), living separately and apart from the other person on a permanent or indefinite basis; or

    2. (aa)

      both of the following conditions are met:

      1. (i)

        a relationship between the person and another person (whether of the same sex or a different sex) is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section;

      2. (ii)

        the person is not, in the Secretary’s opinion (formed as mentioned in subsection (3)), living separately and apart from the other person on a permanent or indefinite basis; or

    3. (b)

      all of the following conditions are met:

      1. (i)

        the person has a relationship with another person, whether of the same sex or a different sex (in this paragraph called the partner);

      2. (ii)

        the person is not legally married to the partner;

      3. (iii)

        the relationship between the person and the partner is, in the Secretary’s opinion (formed as mentioned in subsections (3) and (3A)), a de facto relationship;

      4. (iv)

        both the person and the partner are over the age of consent applicable in the State or Territory in which they live;

      5. (v)

        the person and the partner are not within a prohibited relationship.

Member of a couple—criteria for forming opinion about relationship

  1. (3)

    In forming an opinion about the relationship between 2 people for the purposes of paragraph (2)(a), subparagraph (2)(aa)(ii) or subparagraph (2)(b)(iii), the Secretary is to have regard to all the circumstances of the relationship including, in particular, the following matters:

    1. (a)

      the financial aspects of the relationship, including:

      1. (i)

        any joint ownership of real estate or other major assets and any joint liabilities; and

      2. (ii)

        any significant pooling of financial resources especially in relation to major financial commitments; and

      3. (iii)

        any legal obligations owed by one person in respect of the other person; and

      4. (iv)

        the basis of any sharing of day‑to‑day household expenses;

    2. (b)

      the nature of the household, including:

      1. (i)

        any joint responsibility for providing care or support of children; and

      2. (ii)

        the living arrangements of the people; and

      3. (iii)

        the basis on which responsibility for housework is distributed;

    3. (c)

      the social aspects of the relationship, including:

      1. (i)

        whether the people hold themselves out as married to, or in a de facto relationship with, each other; and

      2. (ii)

        the assessment of friends and regular associates of the people about the nature of their relationship; and

      3. (iii)

        the basis on which the people make plans for, or engage in, joint social activities;

    4. (d)

      any sexual relationship between the people;

    5. (e)

      the nature of the people’s commitment to each other, including:

      1. (i)

        the length of the relationship; and

      2. (ii)

        the nature of any companionship and emotional support that the people provide to each other; and

      3. (iii)

        whether the people consider that the relationship is likely to continue indefinitely; and

      4. (iv)

        whether the people see their relationship as a marriage‑like relationship or a de facto relationship.

  2. (3A)

    The Secretary must not form the opinion that the relationship between a person and his or her partner is a de facto relationship if the person is living separately and apart from the partner on a permanent or indefinite basis.

Member of a couple—special excluding determination

  1. (6)

    A person is not a member of a couple if a determination under section 24 is in force in relation to the person.

    Note: Section 24 allows the Secretary to treat a person who is a member of a couple as not being a member of a couple in special circumstances.

  2. (6A)

    A person who:

    1. (a)

      has claimed youth allowance and is not independent within the meaning of Part 3.5; or

    2. (b)

      is receiving a youth allowance and is not independent within the meaning of Part 3.5; or

    3. (c)

      is a member of a couple of which a person referred to in paragraph (b) is the other member;

is not a member of a couple for the purposes of:

  1. (d)

    the provisions of this Act referred to in the table at the end of this subsection; and

  2. (e)

    any provision of this Act that applies for the purposes of a provision mentioned in paragraph (d); and

  3. (f)

    any provision of this Act that applies for the purposes of Module E (Ordinary income test) of the Pension PP (Single) Rate Calculator in section 1068A.

Note: Paragraphs (e) and (f) have the effect of treating a person as not being a member of a couple in provisions that apply for the purposes of the income test, assets test, liquid assets test or compensation recovery provisions, including section 8 (Income test definitions), sections 11 and 11A (Assets test definitions), section 14A (Social security benefit liquid assets test provisions), section 17 (Compensation recovery definitions), section 19B (Financial hardship provisions liquid assets test definition), Part 2.26 (Fares allowance), Part 3.10 (General provisions relating to the ordinary income test) and Part 3.12 (General provisions relating to the assets test).

Affected provisions

Item

Provisions of this Act

Subject matter

1

Subdivision AB of Division 2 of Part 2.11

Youth allowance assets test

1A

section 500Q

Parenting payment assets test

2

sections 549A to 549C

Youth allowance liquid assets test

3

Subdivision B of Division 2 of Part 2.11A

Austudy payment assets test

4

sections 575A to 575C

Austudy payment liquid assets test

5

section 598

Jobseeker payment liquid assets test

6

sections 611 and 612

Jobseeker payment assets test

10

sections 733 and 734

Special benefit assets test

11A

Part 2.26

Fares allowance

12

Module E of Pension Rate Calculator A

Ordinary income test

13

Module G of Pension Rate Calculator A

Assets test

14

Module F of Pension Rate Calculator D

Ordinary income test

15

Module H of Pension Rate Calculator D

Assets test

16

Module H of Youth Allowance Rate Calculator

Income test

17

Module D of the Austudy Payment Rate Calculator

Income test

18

Module G of Benefit Rate Calculator B

Income test

19

Part 3.14

Compensation recovery

Illness separated couple

  1. (7)

    Where 2 people are members of a couple, they are members of an illness separated couple if:

    1. (a)

      they are unable to live together in their home as a result of the illness or infirmity of either or both of them; and

    2. (b)

      because of that inability to live together, their living expenses are, or are likely to be, greater than they would otherwise be; and

    3. (c)

      that inability is likely to continue indefinitely.

Respite care couple

  1. (8)

    Where 2 people are members of a couple, they are members of a respite care couple if:

    1. (a)

      one of the members of the couple has entered approved respite care; and

    2. (b)

      the member who has entered the approved respite care has remained, or is likely to remain, in that care for at least 14 consecutive days.

  2. (9)

    For the purpose of this Act, a person is in approved respite care on a particular day if the person is eligible for:

    1. (a)

      a respite supplement in respect of that day under the Subsidy Principles made for the purposes of subparagraph 44‑5(1)(a)(i) of the Aged Care Act 1997; or

    2. (b)

      a respite care supplement in respect of that day under section 44‑12 of the Aged Care (Transitional Provisions) Act 1997.

Temporarily separated couple

  1. (9A)

    Two people are members of a temporarily separated couple if they:

    1. (a)

      are members of a couple for the purposes of this Act; and

    2. (c)

      are living separately and apart from each other but not on a permanent or indefinite basis; and

    3. (d)

      are neither an illness separated nor a respite care couple.

    Note: For member of a couple see subsection 4(2) and section 24.

Standard family situation categories

  1. (11)

    For the purposes of this Act:

    1. (a)

      a person is partnered if the person is a member of a couple; and

    2. (b)

      a person is partnered (partner getting neither pension nor benefit) if the person is a member of a couple and the person’s partner:

      1. (i)

        is not receiving a social security pension; and

      2. (ii)

        is not receiving a social security benefit; and

      3. (iii)

        is not receiving a service pension, income support supplement or a veteran payment; and

    3. (c)

      a person is partnered (partner getting pension or benefit) if the person is a member of a couple and the person’s partner is receiving:

      1. (i)

        a social security pension; or

      2. (ii)

        a social security benefit; or

      3. (iii)

        a service pension, income support supplement or a veteran payment; and

    4. (d)

      a person is partnered (partner getting pension) if the person is a member of a couple and the person’s partner is receiving:

      1. (i)

        a social security pension; or

      2. (ii)

        a service pension, income support supplement or a veteran payment; and

    5. (e)

      a person is partnered (partner getting benefit) if the person is a member of a couple and the person’s partner is receiving a social security benefit; and

    6. (f)

      a person is partnered (partner in gaol) if the person is a member of a couple and the person’s partner is:

      1. (i)

        in gaol; or

      2. (ii)

        undergoing psychiatric confinement because the partner has been charged with committing an offence.

    Note 1: For social security pension see subsection 23(1).

    Note 2: For in gaol see subsection 23(5).

    Note 3: For psychiatric confinement see subsections 23(8) and (9).

Prohibited relationship

  1. (12)

    For the purposes of this Act, a person and his or her partner are within a prohibited relationship if the person is:

    1. (a)

      an ancestor or a descendant of the partner; or

    2. (b)

      a brother, sister, half‑brother or half‑sister of the partner.

  2. (13)

    For the purposes of subsection (12), a child who is, or has ever been, an adopted child of a person is taken to be the natural child of that person and the person is taken to be the natural parent of the child.

5Family relationships definitions – children
  1. (1)

    In this Act, unless the contrary intention appears:

adopted child means a young person adopted under the law of any place, whether in Australia or not, relating to the adoption of children.

child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

dependent child has the meaning given by subsections (2) to (8A).

independent, in Parts 2.11, 2.11B, 3.4A, 3.4B, 3.5 and 3.7, has the meaning given in section 1067A.

main supporter of a secondary pupil child has the meaning given by section 5G.

parent means:

  1. (a)

    (except in Part 2.11, section 592L, subsection 1067A(10L) and the Youth Allowance Rate Calculator in section 1067G):

    1. (i)

      in relation to a person (the relevant person), other than an adopted child—a natural parent or relationship parent of the relevant person; or

    2. (ii)

      in relation to an adopted child—an adoptive parent of the child; or

  2. (b)

    in Part 2.11, section 592L, subsection 1067A(10L) and the Youth Allowance Rate Calculator in section 1067G, in relation to a person (relevant person):

    1. (i)

      a natural parent, adoptive parent or relationship parent of the relevant person with whom the relevant person normally lives; or

    2. (ii)

      if a parent referred to in subparagraph (b)(i) is a member of a couple and normally lives with the other member of the couple—the other member of the couple; or

    3. (iii)

      any other person (other than the relevant person’s partner) on whom the relevant person is wholly or substantially dependent; or

    4. (iv)

      if none of the preceding paragraphs applies—the natural parent, adoptive parent or relationship parent of the relevant person with whom the relevant person last lived.

prescribed educational scheme means:

  1. (b)

    the ABSTUDY Scheme; or

  2. (ca)

    a Student Financial Supplement Scheme; or

  3. (e)

    the Veterans’ Children Education Scheme; or

  4. (ea)

    the scheme to provide education and training under section 258 of the Military Rehabilitation and Compensation Act; or

  5. (f)

    the Post‑Graduate Awards Scheme.

Note: For paragraph (ca), an application under the Student Financial Supplement Scheme cannot be made in respect of a year, or a part of a year, that begins on or after the day on which the Student Assistance Legislation Amendment Act 2006 receives the Royal Assent (see subsection 1061ZY(2)).

prescribed student child has the meaning given by subsection (11).

principal carer, of a child, has the meaning given by subsections (15) to (24).

relationship child has the meaning given by subsection (25).

relationship parent has the meaning given by subsection (25).

secondary pupil child has the meaning given by section 5F.

step‑child: without limiting who is a step‑child of a person for the purposes of this Act, someone who is a child of a partner of the person is the step‑child of the person, if he or she would be the person’s step‑child except that the person is not legally married to the partner.

step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a partner of a parent of the person is the step‑parent of the person, if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.

student childhas the meaning given by subsection (1A).

young person:

  1. (a)

    except in Part 2.20—has the meaning given by subsection (1B) of this section; and

  2. (b)

    in Part 2.20—means a person who is under 20 years of age.

  1. (1A)

    A person is a student child at a particular time if:

    1. (a)

      at the time, the person:

      1. (i)

        has reached 16, but is under 22, years of age; and

      2. (ii)

        is receiving full‑time education at a school, college or university; and

    2. (b)

      the person’s income in the financial year in which that time occurs will not be more than $6,403.

  2. (1B)

    A person is a young person at a particular time if at that time the person:

    1. (a)

      is under 16 years of age; or

    2. (b)

      is a student child.

Dependent child—under 16

  1. (2)

    Subject to subsections (3) and (6) to (8), a young person who has not turned 16 is a dependent child of another person (in this subsection called the adult) if:

    1. (a)

      the adult is legally responsible (whether alone or jointly with another person) for the day‑to‑day care, welfare and development of the young person, and the young person is in the adult’s care; or

    2. (b)

      the young person:

      1. (i)

        is not a dependent child of someone else under paragraph (a) or (aa); and

      2. (ii)

        is wholly or substantially in the adult’s care.

    Note: For paragraph (a), see also subsection (16).

  1. (3)

    A young person who has not turned 16 cannot be a dependent child if:

    1. (a)

      the young person is not in full‑time education; and

    2. (b)

      the young person is in receipt of income; and

    3. (c)

      the rate of that income exceeds $107.70 per week.

    Note: The amount in paragraph (c) is indexed annually in line with CPI increases (see sections 1191 to 1194).

Dependent child—16 to 21 years of age

  1. (4)

    Subject to subsections (5) to (8), a young person is a dependent child of another person at a particular time if:

    1. (a)

      at that time, the young person:

      1. (i)

        has reached 16, but is under 22, years of age; and

      2. (ii)

        is wholly or substantially dependent on the other person; and

    2. (b)

      the young person’s income in the financial year in which that time occurs will not be more than $6,403.

  2. (5)

    A young person who has turned 16 cannot be a dependent child of another person if the other person is the young person’s partner.

Dependent child—pension, benefit and Labour Market Program recipients

  1. (6)

    A young person cannot be a dependent child for the purposes of this Act if:

    1. (a)

      the young person is receiving a social security pension; or

    2. (b)

      the young person is receiving a social security benefit; or

    3. (c)

      the young person is receiving payments under a program included in the programs known as Labour Market Programs.

Dependent child—residence requirements

  1. (7)

    For the purposes of this Act (other than the provisions dealing with special benefit), a young person is not to be treated as a dependent child of another person (in this subsection called the adult) unless:

    1. (a)

      if the adult is an Australian resident:

      1. (i)

        the young person is an Australian resident; or

      2. (ii)

        the young person is living with the adult; or

    2. (b)

      if the adult is not an Australian resident:

      1. (i)

        the young person is an Australian resident; or

      2. (ii)

        the young person has been an Australian resident and is living with the adult outside Australia; or

      3. (iii)

        the young person had been living with the adult in Australia and is living with the adult outside Australia.

    Note: For Australian resident see subsection 7(2).

  2. (8)

    For the purposes of working out the maximum rate of special benefit under subsection 746(2), a young person is not to be treated as a dependent child of another person (in this subsection called the adult) unless:

    1. (a)

      if the adult is an Australian resident:

      1. (i)

        the young person is an Australian resident or a resident of Australia; or

      2. (ii)

        the young person is living with the adult; or

    2. (b)

      if the adult is not an Australian resident—the young person is an Australian resident or a resident of Australia.

    Note: Australian resident is defined by subsection 7(2) but resident of Australia has its ordinary meaning and is not given any special definition by this Act. Subsection 7(3) is relevant to the question of whether a person is residing in Australia.

  3. (8A)

    For the purposes of Part 2.10, a young person who is an inmate of a mental hospital is a dependent child of a member of a couple if there is in force under section 37 a determination in respect of the young person and the member of the couple.

Prescribed student child

  1. (11)

    A person is a prescribed student child if:

    1. (a)

      the person is a young person who has reached 16, but is under 22, years of age; and

    2. (b)

      the young person is qualified to receive payments under a prescribed educational scheme.

  2. (12)

    For the purposes of subsection (11), a young person is, subject to subsection (13), qualified to receive a payment under a prescribed educational scheme if:

    1. (a)

      the young person is receiving a payment under a prescribed educational scheme; or

    2. (b)

      someone else is receiving, in respect of the young person, a payment under a prescribed educational scheme; or

    3. (c)

      the Secretary has not formed the opinion that:

      1. (i)

        the young person will not, or would not if an application were duly made, receive a payment under a prescribed educational scheme; and

      2. (ii)

        no other person will, or would if an application were duly made, receive, in respect of the young person, a payment under a prescribed educational scheme.

  3. (13)

    For the purposes of subsection (11), a young person is not qualified to receive a payment under a prescribed educational scheme if:

    1. (a)

      the young person is not receiving a payment under a prescribed educational scheme; and

    2. (b)

      no other person is receiving, in respect of the young person, a payment under a prescribed educational scheme; and

    3. (c)

      the Secretary is satisfied that the educational scheme rate would be less than the social security rate.

  4. (14)

    For the purposes of subsection (13):

    1. (a)

      the educational scheme rate is the total of the amounts that would be payable to or in respect of the young person under the prescribed educational scheme; and

    2. (b)

      the social security rate is the Part A rate of family tax benefit for which a person would be eligible (in respect of the young person) if the young person were not a prescribed student child.

Principal carer

  1. (15)

    A person is the principal carer of a child if:

    1. (a)

      the child is a dependent child of the person; and

    2. (b)

      the child has not turned 16.

    Note: The definition of dependent child in subsection (2) requires:

    (a) the adult to be legally responsible (whether alone or jointly with another person) for the day‑to‑day care, welfare and development of the child: subsection (16) deals with the circumstances in which a step‑parent is taken to have such legal responsibility; and

    (b) a child to be in an adult’s care: subsection (17) deals with the circumstances in which a child is taken to remain in an adult’s care.

  2. (16)

    For the purpose of determining whether a person is the principal carer of a child, the person is taken to be legally responsible (whether alone or jointly with another person) for the day‑to‑day care, welfare and development of the child if:

    1. (a)

      the person is the step‑parent of the child; and

    2. (b)

      the person is living with the child and a parent of the child; and

    3. (c)

      the person and the parent are members of the same couple.

This subsection does not, by implication, affect the determination of whether a person is taken to be legally responsible (whether alone or jointly with another person) for the day‑to‑day care, welfare and development of a child in cases to which this subsection does not apply.

  1. (17)

    For the purpose of determining whether a person is the principal carer of a child, the child is taken to remain in the person’s care if:

    1. (a)

      at the start of a period not exceeding 8 weeks, the child leaves the person’s care; and

    2. (b)

      throughout the period, the child is the dependent child of another person; and

    3. (c)

      the child returns, or the Secretary is satisfied that the child will return, to the first person’s care at the end of the period.

This subsection does not, by implication, affect the determination of whether a child is in the care of a person in cases to which this subsection does not apply (for example, if the period exceeds 8 weeks).

Principal carer—a child can only have one principal carer

  1. (18)

    Only one person at a time can be the principal carer of a particular child.

  2. (19)

    If the Secretary is satisfied that, but for subsection (18), 2 or more persons (adults) would be principal carers of the same child, the Secretary must:

    1. (a)

      make a written determination specifying one of the adults as the principal carer of the child; and

    2. (b)

      give a copy of the determination to each adult.

  3. (20)

    The Secretary may make the determination even if all the adults have not claimed a social security payment that is based on, or would be affected by, the adult being the principal carer of the child.

Principal carer—which member of a couple can be a principal carer

  1. (20A)

    Subject to subsection (20B), a person is not the principal carer of any child if:

    1. (a)

      the person is a member of a couple; and

    2. (b)

      the other member of the couple is, or apart from this subsection would be, the principal carer of one or more children; and

    3. (c)

      the other member of the couple is receiving parenting payment, youth allowance, jobseeker payment or special benefit; and

    4. (d)

      the payment, allowance or benefit is based on or affected by the other member of the couple being the principal carer of a child.

  2. (20B)

    If:

    1. (a)

      a member of a couple is receiving, or has made a claim for, a social security payment that is or would be based on or affected by the person being the principal carer of a child; and

    2. (b)

      the other member of the couple is receiving, or has made a claim for, a social security payment that is or would be based on or affected by the person being the principal carer of a child; and

    3. (c)

      apart from subsection (20C), the application of subsection (20A) would, or would if the claim or claims were granted, prevent each member of the couple from being the principal carer of any child;

the Secretary must determine in writing that one of them can be a principal carer of a child.

  1. (20C)

    The determination has effect accordingly, despite subsection (20A).

  2. (20D)

    The Secretary must give a copy of the determination to each member of the couple.

Principal carer—child absent from Australia

  1. (21)

    If a child:

    1. (a)

      leaves Australia temporarily; and

    2. (b)

      continues to be absent from Australia for more than 6 weeks;

a person cannot be the principal carer of the child at any time after the 6 weeks while the child remains absent from Australia unless, at that time:

  1. (c)

    the child is in the company of a person to whom Division 2 of Part 4.2 applies; and

  2. (d)

    but for this subsection, the person would be the principal carer of the child; and

  3. (e)

    the person’s portability period (within the meaning of that Division) for a social security payment:

    1. (i)

      that the person was receiving immediately before the person’s absence from Australia; or

    2. (ii)

      the person’s claim for which was granted during the absence;

has not ended.

  1. (22)

    For the purposes of subsection (21), in determining if an absence is temporary, regard must be had to the following factors:

    1. (a)

      the purpose of the absence;

    2. (b)

      the intended duration of the absence;

    3. (c)

      the frequency of such absences.

  2. (23)

    If a child:

    1. (a)

      is born outside Australia; and

    2. (b)

      continues to be absent from Australia for a period of more than 6 weeks immediately following the child’s birth;

a person cannot be the principal carer of the child at any time after the 6 weeks while the child remains absent from Australia unless, at that time:

  1. (c)

    the child is in the company of a person to whom Division 2 of Part 4.2 applies; and

  2. (d)

    but for this subsection, the person would be the principal carer of the child; and

  3. (e)

    the person’s portability period (within the meaning of that Division) for a social security payment:

    1. (i)

      that the person was receiving immediately before the person’s absence from Australia; or

    2. (ii)

      the person’s claim for which was granted during the absence;

has not ended.

  1. (24)

    If:

    1. (a)

      a person is not the principal carer of a child because of subsection (21) (absence from Australia) or (23) (birth outside Australia), or because of a previous application of this subsection; and

    2. (b)

      the child comes to Australia; and

    3. (c)

      the child leaves Australia less than 6 weeks later;

a person cannot be the principal carer of the child when the child leaves Australia as mentioned in paragraph (c).

Relationship child and relationship parent

  1. (25)

    If:

    1. (a)

      someone is a child of a person because of:

      1. (i)

        the definition of child in subsection (1); or

      2. (ii)

        paragraph (b) of the definition of child in section 1207A; or

      3. (iii)

        paragraph (b) of the definition of child in subsection 1209R(5); and

    2. (b)

      he or she is not a biological or adopted child of the person;

the child is the relationship child of the person and the person is the relationship parent of the child.

5ASingle person sharing accommodation
  1. (1)

    For the purposes of this Act, a person is to be treated as a single person sharing accommodation if the person:

    1. (a)

      is not a member of a couple; and

    2. (b)

      has no dependent children; and

    3. (c)

      has, in common with one or more other people, the right to use at least one major area of accommodation.

  2. (2)

    A person is not to be treated as a single person sharing accommodation if the person:

    1. (a)

      pays, or is liable to pay, amounts for the person’s board and lodging; or

    2. (ab)

      is residing in exempt accommodation (see subsections (5A), (5B) and (5C)); or

    3. (b)

      is the recipient of a disability support pension or a carer pension; or

    4. (c)

      is residing in a nursing home.

  3. (3)

    A person who has the exclusive right to use a bathroom, a kitchen and a bedroom is not to be treated as a single person sharing accommodation solely because the person has the right, in common with one or more other people, to use other major areas of accommodation.

  4. (4)

    A person is not to be treated as a single person sharing accommodation solely because the person shares accommodation with one or more recipient children of the person.

  5. (5)

    If:

    1. (a)

      a person lives alone in a caravan or mobile home, or on board a vessel; or

    2. (b)

      a person shares accommodation in a caravan, mobile home or vessel solely with one or more recipient children of the person;

the person is not to be treated as a single person sharing accommodation solely because the person has the right, in common with one or more other people, to use one or more major areas of accommodation in a caravan park or marina.

  1. (5A)

    A person’s accommodation is exempt accommodation if it is in premises that are, in the Secretary’s opinion, a boarding house, guest house, hostel, hotel, private hotel, rooming house, lodging house or similar premises.

  2. (5B)

    In forming an opinion about a person’s accommodation for the purposes of subsection (5A), the Secretary is to have regard to the characteristics of the accommodation including, in particular, whether or not the following are characteristics of the accommodation:

    1. (a)

      the premises are known as a boarding house, guest house, hostel, hotel, private hotel, rooming house, lodging house or similar premises;

    2. (b)

      a manager or administrator (other than a real estate agent) is retained to manage the premises or administer the accommodation on a daily or other frequent regular basis;

    3. (c)

      staff are retained by the proprietor or manager of the premises to work in the premises on a daily or other frequent regular basis;

    4. (d)

      the residents lack control over the day‑to‑day management of the premises;

    5. (e)

      there are house rules, imposed by the proprietor or manager, that result in residents having rights that are more limited than those normally enjoyed by a lessee of private residential accommodation (for example, rules limiting the hours of residents’ access to their accommodation or limiting residents’ access to cooking facilities in the premises);

    6. (f)

      the person does not have obligations to pay for his or her costs of gas, water or electricity separately from the cost of the accommodation;

    7. (g)

      the accommodation is not private residential accommodation, having regard to:

      1. (i)

        the number and nature of bedrooms in the premises; or

      2. (ii)

        the number of people who are not related to one another living at the premises; or

      3. (iii)

        the number and nature of bathrooms in the premises;

    8. (h)

      the person’s accommodation has not been offered to the person on a leasehold basis;

    9. (j)

      there is no requirement that the person pay a bond as security for either the payment of rent or the cost of any damage caused by the person, or for both;

    10. (k)

      the person’s accommodation is available on a daily or other short‑term basis.

  3. (5C)

    Each of the characteristics set out in subsection (5B) points towards the accommodation in question being exempt accommodation.

  4. (6)

    In this section:

major area of accommodation means any of the following, whether identifiably separate from other areas of accommodation or not:

  1. (a)

    a bathroom;

  2. (b)

    a kitchen;

  3. (c)

    a bedroom.

recipient child means a child who receives any of the following, but who does not receive any amount by way of rent assistance:

  1. (a)

    a social security payment;

  2. (c)

    a payment under the ABSTUDY Schooling scheme or the ABSTUDY Tertiary scheme;

  3. (d)

    a service pension;

  4. (da)

    a veteran payment;

  5. (e)

    a youth training allowance.

5BRegistered and active foster carers
  1. (1)

    A person is a registered and active foster carer if the Secretary is satisfied that:

    1. (a)

      the person meets the requirements (if any) of the law of the State or Territory in which the person resides that the person must meet in order to be permitted, under the law of that State or Territory, to provide foster care in that State or Territory; and

    2. (b)

      the person is taken, in accordance with guidelines made under subsection (2), to be actively involved in providing foster care in that State or Territory.

  2. (2)

    The Secretary may, by legislative instrument, make guidelines setting out the circumstances in which persons are taken, for the purposes of the social security law, to be actively involved in providing foster care in that State or Territory.

5CHome educators

A person is a home educator of a child if the Secretary is satisfied that:

  1. (a)

    the child is receiving, in the person’s home, education that wholly or substantially replaces the education that the child would otherwise receive by attending a school; and

  2. (b)

    the person meets the requirements (if any) of the law of the State or Territory in which the person resides that the person must meet in order to be permitted, under the law of that State or Territory, to provide that education to the child; and

  3. (c)

    the person is suitably involved in providing and supervising that education.

5DDistance educators

A person is a distance educator of a child if the Secretary is satisfied that:

  1. (a)

    the child is enrolled to receive education by undertaking a distance education curriculum; and

  2. (b)

    the child is undertaking that curriculum; and

  3. (c)

    the person is suitably involved in assisting and supervising the child in relation to that curriculum.

5ERelatives (other than parents)
  1. (1)

    A person is a relative (other than a parent) of a child if:

    1. (a)

      the person is not the child’s parent or step‑parent; and

    2. (b)

      any of the following apply to the person:

      1. (i)

        the person is related to the child by blood, adoption or marriage;

      2. (ii)

        if the child is an Aboriginal or Torres Strait Islander child who has traditional Aboriginal or Torres Strait Islander kinship ties—the person is related to the child under Aboriginal or Torres Strait Islander kinship rules;

      3. (iii)

        if the child is a member of a community that accepts relationships other than those referred to in subparagraphs (i) and (ii) as kinship ties—the person is accepted by the community to be related to the child.

  2. (2)

    For the purposes of subparagraph (1)(b)(i), if one person is a relationship child, or a step‑child, of another person, relationships traced to or through the person are to be determined on the basis that the person is related by blood to the other person.

5FSecondary pupil child

A person is a secondary pupil child of another person at a time in a financial year if:

  1. (a)

    at the time, the person:

    1. (i)

      has turned 16 but has not turned 19; and

    2. (ii)

      has not completed the final year of secondary school or an equivalent level of education; and

    3. (iii)

      is undertaking secondary education or a course of study or instruction that is determined under section 5D of the Student Assistance Act 1973 to be a secondary course; and

  2. (b)

    the person’s income in the financial year will not be more than $6,403; and

  3. (c)

    at the time, the person:

    1. (i)

      lives with the other person; and

    2. (ii)

      is wholly or substantially dependent on the other person; and

  4. (d)

    if the person is a member of a couple, the other person is not the person’s partner; and

  5. (e)

    the other person is claiming or receiving any of the following at the time:

    1. (i)

      parenting payment;

    2. (ii)

      youth allowance;

    3. (iii)

      jobseeker payment;

    4. (iv)

      special benefit.

Note: The amount in paragraph (b) is indexed annually in line with CPI increases (see sections 1191 to 1194).

5GMain supporter of secondary pupil child
  1. (1)

    If someone is a secondary pupil child of a person, the person is the main supporter of the secondary pupil child, subject to subsection (2).

  1. (2)

    Subsections 5(18) to (22) (inclusive) and subsection 5(24) apply for the purposes of determining whether a person is the main supporter of a secondary pupil child in the same way as they apply for the purposes of determining whether a person is the principal carer of a child.

    Note: Subsections 5(18) to (20D) (inclusive) are about identifying the one person who is the principal carer of a child. Subsections 5(21), (22) and (24) prevent a person from being the principal carer of a child who has left Australia and has been absent from Australia for more than 6 weeks.

6Double orphan pension definitions

In this Act, unless the contrary intention appears:

approved care organisation means an organisation approved by the Secretary under subsection 35(1).

double orphan means a young person who is a double orphan in accordance with section 993 or 994.

6AConcession card definitions
  1. (1)

    In this Act, unless the contrary intention appears:

automatic issue card means:

  1. (a)

    a pensioner concession card; or

  2. (b)

    an automatic issue health care card.

automatic issue health care card means a health care card issued to a person qualified for the card under Subdivision A of Division 3 of Part 2A.1.

concession card means:

  1. (a)

    a pensioner concession card; or

  2. (b)

    a health care card; or

  3. (c)

    a seniors health card.

dependant, 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)), means a person who is:

  1. (a)

    the partner; or

  2. (b)

    a dependent child;

of the holder of the card.

dependant, 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, means a person who is:

  1. (a)

    the partner; or

  2. (b)

    an FTB child; or

  3. (c)

    a regular care child;

of the holder of the card.

dependant, in relation to a person, other than a child in foster care, who has made a claim for a health care card (the claimant), means a person who is:

  1. (a)

    the partner; or

  2. (b)

    an FTB child; or

  3. (c)

    a regular care child;

of the claimant.

income‑tested: a health care card is income‑tested for a person if the person is required by paragraph 1061ZO(2)(d), (3)(e) or (4)(d) to satisfy the health care card income test in order to qualify for the health care card.

  1. (2)

    For the purposes of the operation of a definition of dependant in subsection (1) in relation to a provision of Part 2A.1, a person (the child) is an FTB child, or a regular care child, of another person (the adult) if:

    1. (a)

      the child is an FTB child, or a regular care child, (as the case requires) of the adult within the meaning of the Family Assistance Act; and

    2. (b)

      either:

      1. (i)

        the child is under 16 years of age; or

      2. (ii)

        the child is 16, but not yet 19, years of age and is undertaking secondary studies.

7Australian residence definitions
  1. (1)

    In this Act, unless the contrary intention appears:

Australian resident has the meaning given by subsection (2).

former refugee means a person who was a refugee but does not include a person who ceased to be a refugee because his or her visa or entry permit (as the case may be) was cancelled.

holder, in relation to a visa, has the same meaning as in the Migration Act 1958.

new PRC (temporary) entry permit means an entry permit within class 437 of Division 2.6—Group 2.6 in Part 2 of Schedule 1 to the Migration (1993) Regulations as in force before 1 September 1994.

old PRC (temporary) entry permit means a PRC (temporary) entry permit within the meaning of the Migration (1989) Regulations as in force before 1 February 1993.

Pacific engagement visa means:

  1. (a)

    a visa referred to in the regulations made under the Migration Act 1958 as a Subclass 192 (Pacific Engagement) visa; or

  2. (b)

    a visa of a kind determined under subsection (4C).

permanent visa, special category visa and visa have the same meaning as in the Migration Act 1958.

protected SCV holder has the meaning given by subsections (2A), (2B), (2C) and (2D).

qualifying Australian residence has the meaning given by subsection (5).

qualifying residence exemption has the meaning given in subsections (6) and (6AA).

  1. (2)

    An Australian residentis a person who:

    1. (a)

      resides in Australia; and

    2. (b)

      is one of the following:

      1. (i)

        an Australian citizen;

      2. (ii)

        the holder of a permanent visa;

      3. (iii)

        a special category visa holder who is a protected SCV holder.

        Note: For holder and permanent visa see subsection (1).

  2. (2A)

    A person is a protected SCV holder if:

    1. (a)

      the person was in Australia on 26 February 2001, and was a special category visa holder on that day; or

    2. (b)

      the person had been in Australia for a period of, or for periods totalling, 12 months during the period of 2 years immediately before 26 February 2001, and returned to Australia after that day.

  3. (2B)

    A person is a protected SCV holder if the person:

    1. (a)

      was residing in Australia on 26 February 2001; and

    2. (b)

      was temporarily absent from Australia on 26 February 2001; and

    3. (c)

      was a special category visa holder immediately before the beginning of the temporary absence; and

    4. (d)

      was receiving a social security payment on 26 February 2001; and

    5. (e)

      returned to Australia before the later of the following:

      1. (i)

        the end of the period of 26 weeks beginning on 26 February 2001;

      2. (ii)

        if the Secretary extended the person’s portability period for the payment under section 1218C—the end of the extended period.

  4. (2C)

    A person who commenced, or recommenced, residing in Australia during the period of 3 months beginning on 26 February 2001 is a protected SCV holder at a particular time if:

    1. (a)

      the time is during the period of 3 years beginning on 26 February 2001; or

    2. (b)

      the time is after the end of that period, and either:

      1. (i)

        a determination under subsection (2E) is in force in respect of the person; or

      2. (ii)

        the person claimed a payment under the social security law during that period, and the claim was granted on the basis that the person was a protected SCV holder.

  5. (2D)

    A person who, on 26 February 2001:

    1. (a)

      was residing in Australia; and

    2. (b)

      was temporarily absent from Australia; and

    3. (c)

      was not receiving a social security payment;

is a protected SCV holder at a particular time if:

  1. (d)

    the time is during the period of 12 months beginning on 26 February 2001; or

  2. (e)

    the time is after the end of that period, and either:

    1. (i)

      at that time, a determination under subsection (2E) is in force in respect of the person; or

    2. (ii)

      the person claimed a payment under the social security law during that period, and the claim was granted on the basis that the person was a protected SCV holder.

  1. (2E)

    A person who is residing in Australia and is in Australia may apply to the Secretary for a determination under this subsection stating that:

    1. (a)

      the person was residing in Australia on 26 February 2001, but was temporarily absent from Australia on that day; or

    2. (b)

      the person commenced, or recommenced, residing in Australia during the period of 3 months beginning on 26 February 2001.

  2. (2F)

    If a person makes an application under subsection (2E), the Secretary must make the determination if:

    1. (a)

      the Secretary is satisfied that paragraph (2E)(a) or (2E)(b) applies to the person; and

    2. (b)

      the application was made within whichever of the following periods is applicable:

      1. (i)

        if paragraph (2E)(a) applies to the person—the period of 12 months beginning on 26 February 2001;

      2. (ii)

        if paragraph (2E)(b) applies to the person—the period of 3 years beginning on 26 February 2001.

The Secretary must give a copy of the determination to the person.

  1. (2G)

    The Secretary must make a determination under this subsection in respect of a person if the person is a protected SCV holder because of subsection (2B). If the Secretary is required to make such a determination:

    1. (a)

      the determination must state that the person was residing in Australia on 26 February 2001, but was temporarily absent from Australia on that day; and

    2. (b)

      the determination must be made within the period of 6 months of the person’s return to Australia; and

    3. (c)

      a copy of the determination must be given to the person.

  2. (3)

    In deciding for the purposes of this Act whether or not a person is residing in Australia, regard must be had to:

    1. (a)

      the nature of the accommodation used by the person in Australia; and

    2. (b)

      the nature and extent of the family relationships the person has in Australia; and

    3. (c)

      the nature and extent of the person’s employment, business or financial ties with Australia; and

    4. (d)

      the nature and extent of the person’s assets located in Australia; and

    5. (e)

      the frequency and duration of the person’s travel outside Australia; and

    6. (f)

      any other matter relevant to determining whether the person intends to remain permanently in Australia.

  3. (3A)

    For the purposes of determining, under subsections (2A) to (2D), whether a person is a protected SCV holder, Australia is taken, at all relevant times, to have included Norfolk Island.

  4. (4)

    For the purposes of:

    1. (a)

      Part 2.2 (age pension); and

    2. (b)

      Part 2.3 (disability support pension);

residence of a claimant in an external Territory is taken to be residence in Australia.

  1. (4AA)

    Whether residence in a particular place is residence in an external territory for the purposes of subsection (4) is to be determined as at the time of residence.

  2. (4B)

    For the purposes of a newly arrived resident’s waiting period, the day on which a permanent visa is granted to a person or a person becomes the holder of a permanent visa is:

    1. (a)

      if an initial decision maker decides to grant a visa to the person—that day; or

    2. (b)

      if:

      1. (i)

        an initial decision maker decides not to grant a visa to the person; and

      2. (ii)

        on a review of the decision referred to in subparagraph (i), that decision is set aside (however described) and a visa is granted to the person;

    the day on which the initial decision maker decided not to grant the visa to the person.

  3. (4C)

    The Minister may, by legislative instrument, determine a kind of visa for the purposes of paragraph (b) of the definition of Pacific engagement visa in subsection (1) if the Minister has been advised by the Minister administering the Migration Act 1958 (the Immigration Minister) that, in the opinion of the Immigration Minister:

    1. (a)

      the kind of visa has replaced or will replace:

      1. (i)

        the kind of visa mentioned in paragraph (a) of that definition; or

      2. (ii)

        a kind of visa previously determined under this subsection; and

    2. (b)

      the replacement kind of visa is intended to give the same benefits as the replaced kind of visa.

  4. (5)

    A person has 10 years qualifying Australian residence if and only if:

    1. (a)

      the person has, at any time, been an Australian resident for a continuous period of not less than 10 years; or

    2. (b)

      the person has been an Australian resident during more than one period and:

      1. (i)

        at least one of those periods is 5 years or more; and

      2. (ii)

        the aggregate of those periods exceeds 10 years.

  5. (6)

    A person has a qualifying residence exemption for a social security pension (other than carer payment) or a social security benefit (other than youth allowance, austudy payment, jobseeker payment or special benefit) if, and only if, the person:

    1. (a)

      resides in Australia; and

    2. (b)

      is either:

      1. (i)

        a refugee; or

      2. (ii)

        a former refugee.

  6. (6AA)

    A person also has a qualifying residence exemption for a social security benefit (other than a special benefit), a pension PP (single), carer payment, carer allowance, a mobility allowance, a seniors health card or a health care card if, and only if, the person:

    1. (b)

      except in relation to pension PP (single), benefit PP (partnered), youth allowance, austudy payment, jobseeker payment, carer payment, carer allowance, mobility allowance, a seniors health card or a health care card—was a family member of a refugee, or former refugee, at the time the refugee or former refugee arrived in Australia; or

    2. (f)

      in any case—holds or was the former holder of a visa that is in a class of visas determined, by legislative instrument, by the Minister for the purposes of this paragraph.

  7. (6B)

    A person is a refugee for the purposes of this section if the person:

    1. (a)

      is taken, under the Migration Reform (Transitional Provisions) Regulations, to be the holder of a transitional (permanent) visa because the person was, immediately before 1 September 1994, the holder of:

      1. (i)

        a visa or entry permit that fell within Division 1.3—Group 1.3 (Permanent resident (refugee and humanitarian) (offshore)) in Part 1 of Schedule 1 to the Migration (1993) Regulations as then in force; or

      2. (ii)

        a visa or entry permit that fell within Division 1.5—Group 1.5 (Permanent resident (refugee and humanitarian) (on‑shore)) in Part 1 of Schedule 1 to the Migration (1993) Regulations as then in force; or

    2. (b)

      was, immediately before 1 February 1993, the holder of a visa or entry permit of a class prescribed under the Migration Regulations as then in force that corresponds to a visa or entry permit referred to in subparagraph (a)(i) or (ii); or

    3. (c)

      is the holder of:

      1. (i)

        a permanent protection visa; or

      2. (ii)

        a permanent visa of a class referred to in the Table at the end of this subsection; or

      3. (iii)

        a permanent visa of a class referred to in a declaration of the Minister under section 25 that is in force.

Table—Classes of permanent visas giving refugee status and qualifying residence exemption

Item No.

Class description

Relevant item in Schedule 1 to Migration Regulations

1.

Burmese in Burma (Special Assistance) (Class AB)

1102

2.

Burmese in Thailand (Special Assistance) (Class AC)

1103

3.

Cambodian (Special Assistance) (Class AE)

1105

4.

Camp Clearance (Migrant) (Class AF)

1106

5.

Citizens of the Former Yugoslavia (Special Assistance) (Class AI)

1109

6.

East Timorese in Portugal, Macau and Mozambique (Special Assistance) (Class AM)

1113

7.

Minorities of Former USSR (Special Assistance) (Class AV)

1122

8.

Refugee and Humanitarian (Migrant) (Class BA)

1127

8A

Sri Lankan (Special Assistance) (Class BF)

1129A

9.

Sudanese (Special Assistance) (Class BD)

1130

10.

Territorial Asylum (Residence) (Class BE)

1131

  1. (6D)

    For the purposes of subsection (6AA):

family member, in relation to a person, means:

  1. (a)

    a partner of the person; or

  2. (b)

    a dependent child of the person; or

  3. (c)

    another person who, in the opinion of the Secretary, should be treated for the purposes of this definition as a person described in paragraph (a) or (b).

  1. (6E)

    The Minister may, by legislative instrument:

    1. (a)

      set guidelines for the exercise of the Secretary’s power under paragraph (6D)(c); and

    2. (b)

      revoke or vary those guidelines.

  2. (7)

    For the purposes of subparagraphs 540(1)(d)(ii), 540BA(f)(ii) and 593(1)(g)(ii), (1D)(b)(ii) and (5)(e)(ii) and paragraph 666(1)(g), a person is exempt from the residence requirement in respect of a period if:

    1. (a)

      throughout the period, the person was the holder of a special category visa; and

    2. (b)

      immediately before the period commenced, the person had been residing in Australia for a continuous period of at least 10 years, being a period commencing on or after 26 February 2001;

unless the person’s exemption from the residence requirement in respect of the period would result in the person:

  1. (c)

    receiving jobseeker payment or youth allowance for a continuous period of more than 6 months because of this subsection; or

  2. (d)

    receiving jobseeker payment or youth allowance for more than one non‑continuous period because of this subsection; or

  3. (e)

    receiving more than one of that payment and that allowance because of this subsection.

8Income test definitions
  1. (1)

    In this Act, unless the contrary intention appears:

approved exchange trading system has the meaning given by subsection (10).

approved scholarship means a scholarship in relation to which a determination under section 24A is in force.

available money, in relation to a person, means money that:

  1. (a)

    is held by or on behalf of the person; and

  2. (b)

    is not deposit money of the person; and

  3. (c)

    is not the subject of a loan made by the person.

deposit money, in relation to a person, means the person’s money that is deposited in an account with a financial institution.

disposes of ordinary income has the meaning given by sections 1106 to 1111.

domestic payment has the meaning given by subsection (3).

earned, derived or received has the meaning given by subsection (2).

employment income, in relation to a person, means ordinary income of the person that comprises employment income under subsection (1A) and includes ordinary income that is characterised as employment income of the person because of the operation of subsection (1B).

exchange trading system has the meaning given by subsection (9).

exempt lump sum has the meaning given by subsection (11).

home equity conversion agreement, in relation to a person, means an agreement under which the repayment of an amount paid to or on behalf of the person, or the person’s partner, is secured by a mortgage of the principal home of the person or the person’s partner.

Note 1: See also subsection (7).

Note 2: A pension loans scheme advance payment (within the meaning of Division 4 of Part 3.12) is an example of a payment under a home equity conversion agreement.

income, in relation to a person, means:

  1. (a)

    an income amount earned, derived or received by the person for the person’s own use or benefit; or

  2. (b)

    a periodical payment by way of gift or allowance; or

  3. (c)

    a periodical benefit by way of gift or allowance;

but does not include an amount that is excluded under subsection (4), (5) or (8).

Note 1: See also sections 1074 and 1075 (business income), Division 1B of Part 3.10 (income from financial assets (including income streams (short term) and certain income streams (long term)), Division 1C of Part 3.10 (income from income streams not covered by Division 1B of Part 3.10), section 1099F (exempt bond amount does not count as income) and section 1099K (refunded amount does not count as income).

Note 2: Where a person or a person’s partner has disposed of income, the person’s income may be taken to include the amount which has been disposed of—see sections 1106‑1112.

Note 3: Income is equivalent to ordinary income plus maintenance income.

income amount means:

  1. (a)

    valuable consideration; or

  2. (b)

    personal earnings; or

  3. (c)

    moneys; or

  4. (d)

    profits;

(whether of a capital nature or not).

income from personal exertion means an income amount that is earned, derived or received by a person by way of payment for personal exertion by the person but does not include an income amount received as compensation for the person’s inability to earn, derive or receive income through personal exertion.

instalment of parental leave pay means an instalment of parental leave pay under the Paid Parental Leave Act 2010.

ordinary income means income that is not maintenance income or an exempt lump sum.

Note 1: For maintenance income see section 10.

Note 2: Amounts received as a series of periodic compensation payments may result in reduction of the person’s rate of social security pension or benefit under Part 3.14: if this happens the amounts are not counted as ordinary income (see section 1176).

Note 3: For provisions affecting the amount of a person’s ordinary income see Division 1 of Part 3.10 (ordinary income concept and treatment of certain income amounts), sections 1074 and 1075 (business income), Division 1B of Part 3.10 (income from financial assets (including income streams (short term) and certain income streams (long term)) and Division 1C of Part 3.10 (income from income streams not covered by Division 1B of Part 3.10).

student income bank means the student income bank set out:

  1. (a)

    in Module J of the Youth Allowance Rate Calculator; or

  2. (b)

    in Module E of the Austudy Payment Rate Calculator.

working credit participant means a person who is a working credit participant within the meaning of section 1073D.

  1. (1A)

    A reference in this Act to employment income, in relation to a person, is a reference to ordinary income of the person:

    1. (a)

      that is for remunerative work of the person as an employee in an employer/employee relationship; and

    2. (b)

      that includes, but is not limited to:

      1. (i)

        salary, wages, commissions and employment‑related fringe benefits; and

      2. (ii)

        if the person is engaged on a continuing basis in that employer/employee relationship—a leave payment to the person;

    but does not include:

    1. (c)

      a superannuation payment to the person; or

    1. (d)

      a payment of compensation, or a payment to the person under an insurance scheme, in relation to the person’s inability to earn, derive or receive income from that remunerative work; or

    2. (e)

      if the person is not engaged on a continuing basis in that employer/employee relationship—a leave payment to the person; or

    3. (f)

      a payment to the person by a former employer of the person in relation to the termination of the person’s employment; or

    4. (g)

      a comparable foreign payment; or

    5. (h)

      an instalment of parental leave pay.

  1. (1B)

    For the avoidance of doubt, if:

    1. (a)

      a person is treated, for the purposes of working out the person’s ordinary income, as having ordinary income of the person’s partner; and

    2. (b)

      that ordinary income would be characterised as employment income in the hands of the partner if the partner were not a member of a couple;

then, for the purposes of this Act, that ordinary income is to be similarly characterised in the hands of the person.

  1. (1C)

    For the purposes of subsection (1A), a leave payment:

    1. (a)

      includes a payment in respect of personal/carer’s leave, annual leave, maternity leave or long service leave; and

    2. (b)

      may be made as a lump sum payment, a payment that is one of a series of regular payments or otherwise; and

    3. (c)

      is taken to be made to the person if it is made to another person:

      1. (i)

        at the direction of the first‑mentioned person or of a court; or

      2. (ii)

        on behalf of the first‑mentioned person; or

      3. (iii)

        for the benefit of the first‑mentioned person; or

      4. (iv)

        if the first‑mentioned person waives or assigns his or her right to the payment.

Earned, derived or received

  1. (2)

    A reference in this Act to an income amount earned, derived or receivedis a reference to:

    1. (a)

      an income amount earned, derived or received by any means; and

    2. (b)

      an income amount earned, derived or received from any source (whether within or outside Australia).

Domestic payments

  1. (3)

    A payment received by a person is a domestic payment for the purposes of this Act if:

    1. (a)

      the person receives the payment on the disposal of an asset of the person; and

    2. (b)

      the asset was used, immediately before the disposal, by the person or the person’s partner for private or domestic purposes; and

    3. (c)

      the asset was used by the person or the person’s partner for those purposes for:

      1. (i)

        a period of 12 months before the disposal; or

      2. (ii)

        if the Secretary considers it appropriate—a period of less than 12 months before the disposal.

Excluded amounts—home equity conversion (not member of a couple)

  1. (4)

    If a person is not a member of a couple, an amount paid to or on behalf of the person under a home equity conversion agreement is an excluded amount for the person to the extent that the total amount owed by the person from time to time under home equity conversion agreements does not exceed $40,000.

Excluded amounts—home equity conversion (member of a couple)

  1. (5)

    If a person is a member of a couple, an amount paid to or on behalf of the person or the person’s partner under a home equity conversion agreement is an excluded amount for the person to the extent that the total amount owed by the person and the person’s partner under home equity conversion agreements from time to time does not exceed $40,000.

Home equity conversion (amount owed)

  1. (6)

    For the purposes of this Act, the amount owed by a person under a home equity conversion agreement is the principal amount secured by the mortgage concerned and does not include:

    1. (a)

      any amount representing mortgage fees; or

    2. (b)

      any amount representing interest; or

    3. (c)

      any similar liability whose repayment is also secured by the mortgage.

Home equity conversion (principal home)

  1. (7)

    For the purposes of the definition of home equity conversion agreement in subsection (1), an asset cannot be a person’s principal home unless the person or the person’s partner has a beneficial interest (but not necessarily the sole beneficial interest) in the asset.

Excluded amounts—general

  1. (8)

    The following amounts are not income for the purposes of this Act:

    1. (a)

      a payment under this Act;

    2. (b)

      any return on a person’s investment in:

      1. (i)

        a superannuation fund; or

      2. (ii)

        an approved deposit fund; or

      3. (iv)

        an ATO small superannuation account;

    until the person:

    1. (v)

      reaches pension age; or

    2. (vi)

      starts to receive a pension or annuity out of the fund;

    1. (c)

      the value of emergency relief or like assistance;

    2. (f)

      a payment under Part III of the former Disability Services Act 1986 or the value of any rehabilitation program (including any follow‑up program) provided under that Part;

    3. (fa)

      the value of supports or services that are specified in an instrument under subsection (8AAAB) and are provided under an arrangement or grant under the Disability Services and Inclusion Act 2023;

    4. (g)

      a payment of domiciliary nursing care benefit under Part VB of the National Health Act 1953 as in force immediately before 1 July 1999;

    5. (h)

      a payment under a law of the Commonwealth, being a law having an object of assisting persons to purchase or build their own homes;

    6. (ha)

      a payment made by a State or Territory for the purpose of assisting the person to purchase or build his or her own home;

    7. (j)

      a payment made to the person for or in respect of a dependent child of the person;

    8. (jaa)

      a payment of family assistance, or of one‑off payment to families, economic security strategy payment to families, back to school bonus, single income family bonus, clean energy advance, ETR payment, first 2020 economic support payment, second 2020 economic support payment, additional economic support payment 2020 or additional economic support payment 2021, under the Family Assistance Act;

    9. (jab)

      a payment under the scheme determined under Schedule 3 to the Family Assistance Legislation Amendment (More Help for Families—One‑off Payments) Act 2004;

    10. (jaba)

      a payment under the scheme determined under Part 2 of Schedule 1 to the Family Assistance and Other Legislation Amendment (Schoolkids Bonus Budget Measures) Act 2012;

    11. (jac)

      a payment under the scheme determined under Schedule 2 to the Social Security Legislation Amendment (One‑off Payments for Carers) Act 2005;

    12. (jad)

      a payment under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments to Increase Assistance for Older Australians and Carers and Other Measures) Act 2006;

    13. (jae)

      a payment under the scheme determined under Schedule 4 to the Social Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007;

    14. (jaf)

      a payment under the scheme determined under Schedule 4 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008;

    15. (jag)

      an NDIS amount;

    16. (jah)

      any return on a person’s NDIS amounts that the person earns, derives or receives;

    17. (jai)

      a payment of a bursary under the program established by the Commonwealth and known as the Young Carer Bursary Programme;

    18. (ja)

      disability expenses maintenance;

    19. (jb)

      a payment under the Business Services Wage Assessment Tool Payment Scheme Act 2015;

    20. (jc)

      a payment under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018;

    21. (jd)

      a payment under the scheme known as the Territories Stolen Generations Redress Scheme;

    22. (k)

      insurance or compensation payments made by reason of the loss of, or damage to, buildings, plant or personal effects;

    23. (ka)

      where:

      1. (i)

        the person owes money under a mortgage or other arrangement; and

      2. (ii)

        the person has insurance which requires the insurer to make payments to the creditor when the person is unemployed or ill or in other specified circumstances; and

      3. (iii)

        payments are made to the creditor under the insurance;

    a payment so made;

    1. (m)

      money from an investment that is:

      1. (i)

        an investment of payments of the kind referred to in paragraph (k); and

      2. (ii)

        an investment for:

        1. (A)

          a period of not more than 12 months after the person receives the payments; or

        2. (B)

          if the Secretary thinks it appropriate—of 12 months or more after the person receives those payments;

    2. (ma)

      money from an exempt funeral investment;

      Note: For exempt funeral investment see section 19E.

    3. (n)

      an amount paid, under a law of, or applying in, a country or part of a country, by way of compensation for a victim of National Socialist persecution;

    4. (q)

      in the case of a person who pays or who is liable to pay rent, a payment by way of rent subsidy made by the Commonwealth, by a State or Territory or by an authority of the Commonwealth or of a State or Territory to or on behalf of the person who pays or who is liable to pay rent;

    5. (r)

      a payment received by a trainee in full‑time training under a program included in the programs known as Labour Market Programs, to the extent that the payment includes one or more of the following amounts:

      1. (i)

        an amount calculated by reference to a rate of jobseeker payment;

      2. (ii)

        an amount known as the training component;

      3. (iii)

        an amount by way of a living away from home allowance;

    6. (s)

      in the case of a person who is receiving a social security pension, a social security benefit, a service pension, income support supplement or a veteran payment and is in part‑time training, or engaged in part‑time work experience, under a program included in the programs known as Labour Market Programs—a payment received by the person under that program in respect of the person’s expenses associated with his or her participation in the training or work experience;

    7. (t)

      a payment received by the person under a self‑employment program;

    8. (ta)

      a payment made by the Commonwealth known as the Apprenticeship Wage Top‑Up to the person;

    9. (tb)

      a payment to the person made by the Commonwealth under the program known as Skills for Sustainability for Australian Apprentices;

    10. (tc)

      a payment to the person made by the Commonwealth under the program known as Tools for Your Trade (within the program known as the Australian Apprenticeships Incentives Program);

    11. (td)

      a payment made by the Commonwealth, under the program established by the Commonwealth and known as “Youth Jobs PaTH”, to an individual placed in an internship under that program;

    12. (u)

      a benefit under a law of the Commonwealth that relates to the provision of:

      1. (i)

        pharmaceutical, sickness or hospital benefits; or

      2. (ii)

        medical or dental services;

    13. (v)

      a payment (other than a periodical payment or a payment representing an accumulation of instalments) made for or in respect of expenses incurred by a person for hospital, medical, dental or similar treatment;

    14. (va)

      a payment made by the Mark Fitzpatrick Trust to a person by way of assistance with expenses incurred in relation to a person who has medically acquired HIV infection;

    15. (vb)

      a payment made by the New South Wales Medically‑Acquired HIV Trust to a person by way of financial assistance with expenses incurred in relation to a person who has medically acquired HIV infection;

    16. (vc)

      a payment by the Thalidomide Australia Fixed Trust:

      1. (i)

        made to, or applied for the benefit of, a beneficiary of the Trust; or

      2. (ii)

        made to a person in respect of a beneficiary of the Trust;

    17. (vd)

      a payment under the program established by the Commonwealth and known as the Support for Australia’s Thalidomide Survivors program;

    18. (w)

      in the case of a member of:

      1. (i)

        the Naval Reserve; or

      2. (ii)

        the Army Reserve; or

      3. (iii)

        the Air Force Reserve;

    the pay and allowances paid to the person as such a member (other than pay and allowances in respect of continuous full‑time service);

    1. (y)

      a payment by way of:

      1. (ia)

        pension under Part II or IV of the Veterans’ Entitlements Act (other than a pension that is payable under section 30 of that Act to a dependant of a deceased veteran); or

      2. (i)

        service pension, income support supplement or veteran payment; or

      3. (ib)

        pension payable because of subsection 4(6) or (8B) of the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (other than a pension payable in respect of a child); or

      4. (ii)

        attendant allowance under section 98 of the Veterans’ Entitlements Act; or

      5. (iii)

        recreation allowance under section 104 of that Act; or

      6. (iv)

        an allowance for the running and maintenance of a motor vehicle under the Vehicle Assistance Scheme referred to in section 105 of that Act; or

      7. (v)

        decoration allowance under section 102 of that Act; or

      8. (vi)

        Victoria Cross allowance under section 103 of that Act; or

      9. (via)

        a payment, by a foreign country, of an allowance or annuity that is of a similar kind to decoration allowance payable under section 102 of that Act or to Victoria Cross allowance payable under section 103 of that Act; or

      10. (vii)

        clothing allowance under section 97 of that Act; or

      11. (viiaaa)

        prisoner of war recognition supplement under Part VIB of that Act; or

      12. (viiaa)

        a payment known as a student start‑up scholarship payment, or a relocation scholarship payment, under the scheme referred to in section 117 of the Veterans’ Entitlements Act; or

      13. (viiab)

        a payment known as a student start‑up scholarship payment, or a relocation scholarship payment, under the scheme referred to in section 258 of the Military Rehabilitation and Compensation Act; or

      14. (viia)

        veterans supplement under Part VIIA of the Veterans’ Entitlements Act; or

      15. (viib)

        energy supplement under Part VIIAD of that Act; or

      16. (viii)

        a bereavement payment under Part IIIB, or section 98A of that Act; or

      17. (ix)

        a funeral benefit under Part VI of that Act;

    2. (ya)

      a payment made by the Commonwealth and known as the one‑off payment to the aged; or

    3. (yc)

      a payment under a scheme determined under Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments to Increase Assistance for Older Australians and Carers and Other Measures) Act 2006;

    4. (ye)

      a payment under a scheme determined under Schedule 2 to the Social Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007;

    5. (yg)

      a payment under a scheme determined under Schedule 2 to the Social Security and Veterans’ Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008;

    6. (yha)

      a clean energy payment under the Veterans’ Entitlements Act;

    7. (yi)

      a payment under the scheme determined under Schedule 4 to the Social Security and Other Legislation Amendment (Economic Security Strategy) Act 2008;

    8. (yj)

      a payment under the scheme determined under Schedule 4 to the Household Stimulus Package Act (No. 2) 2009;

    9. (yk)

      a one‑off energy assistance payment under Part IIIF of the Veterans’ Entitlements Act;

    10. (yl)

      a one‑off energy assistance payment under Part IIIG of the Veterans’ Entitlements Act;

    11. (ym)

      a first 2020 economic support payment under Division 1 of Part IIIH of the Veterans’ Entitlements Act;

    12. (yn)

      a second 2020 economic support payment under Division 2 of Part IIIH of the Veterans’ Entitlements Act;

    13. (yo)

      an additional economic support payment 2020 under Division 1 of Part IIIJ of the Veterans’ Entitlements Act;

    14. (yp)

      an additional economic support payment 2021 under Division 2 of Part IIIJ of the Veterans’ Entitlements Act;

    15. (yq)

      a 2022 cost of living payment under Division 1 of Part IIIK of the Veterans’ Entitlements Act;

    16. (z)

      a periodical payment by way of gift or allowance, or a periodical benefit by way of gift or allowance, from a parent, child, brother or sister of the person;

    17. (za)

      the value of board or lodging received by the person;

    18. (zaa)

      an amount received under the scheme known as the Western Australian Cost of Living Rebate Scheme;

    19. (zab)

      the value of a benefit obtained by using a card known as the Western Australian Country Age Pension Fuel Card;

    20. (zac)

      a payment, known as the Cost of Living Concession, made by the Government of South Australia;

    21. (zb)

      a domestic payment;

    22. (zc)

      so much of a payment received by the person as is, in accordance with an agreement between the Commonwealth and a foreign country, applied in reduction of the amount of social security payment that would otherwise be payable to the person under this Act;

    23. (zd)

      a payment made to the person by the Government of New Zealand, being a payment known as:

      1. (i)

        accommodation benefit; or

      2. (ii)

        disability allowance; or

      3. (iii)

        home help payment; or

      4. (iv)

        special benefit; or

      5. (v)

        training incentive allowance;

    24. (ze)

      a payment made to the person by the Government of the United Kingdom, being a payment known as:

      1. (i)

        clothing allowance; or

      2. (ii)

        constant attendance allowance; or

      3. (iii)

        decoration allowance; or

      4. (iv)

        mobility supplement;

    25. (zf)

      a payment under the ABSTUDY Scheme;

    26. (zfa)

      a payment of financial supplement made to the person under a Student Financial Supplement Scheme;

    27. (zg)

      a payment received by the person for serving, or being summoned to serve, on a jury;

    28. (zh)

      a payment received by the person for expenses as a witness, other than an expert witness, before a court, tribunal or commission;

    29. (zi)

      a payment towards the cost of personal care support services for the person, being a payment made under a scheme approved under section 35A;

    30. (zia)

      the amount or value of a scholarship known as a Commonwealth Trade Learning Scholarship;

    31. (zj)

      a payment of an approved scholarship awarded on or after 1 September 1990;

      Note: For approved scholarship see subsection 8(1).

    32. (zja)

      the amount or value of:

      1. (ia)

        a scholarship provided for under Part 2‑2A of the Higher Education Support Act 2003 (Indigenous student assistance grants) and specified by the Secretary under subsection (8AAA) of this section.

      2. (i)

        a scholarship known as a Commonwealth Education Costs Scholarship; or

      3. (ii)

        a scholarship known as a Commonwealth Accommodation Scholarship;

    33. (zjb)

      an amount covered by subsection (8B) (about reductions of amounts payable for enrolment or tuition in certain courses);

    34. (zjc)

      a payment covered by subsection (8C) (about payments that are made to an educational institution or the Commonwealth to reduce a person’s liability to the educational institution or Commonwealth and that are made by someone other than the person);

    35. (zjd)

      a payment of a scholarship to a person during a calendar year (other than an excluded payment):

      1. (i)

        for the person to study, or to undertake research, at an educational institution; or

      2. (ii)

        for the person’s achievement in studying, or in undertaking research, at an educational institution;

    to the extent that the payment does not exceed the person’s threshold amount for that year;

    Note: For excluded payment see subsection (8AA). For educational institution see subsection 23(1). For threshold amount see subsection (8AB).

    1. (zk)

      an amount paid by a buyer under a sale leaseback agreement;

    2. (zl)

      if a person is a member of an approved exchange trading system—an amount credited to the person’s account for the purposes of the scheme in respect of any goods or services provided by the person to another member.

      Note: For approved exchange trading system see subsections (9) and (10).

    3. (zm)

      if a person:

      1. (i)

        is a member of a couple; and

      2. (ii)

        is receiving a social security benefit;

    a payment received by the person either directly or indirectly from his or her partner.

    1. (zn)

      while a person is accruing a liability to pay an accommodation charge—any rent from the person’s principal home that the person, or the person’s partner, earns, derives or receives from another person;

      Note 1: For rent, see subsection 13(2).

      Note 2: Under subsections 11A(8) and (9), the principal home of a person in a care situation may be a place other than the place where the person receives care.

      Note 3: See subsections (10A) and (10B) for the circumstances in which this paragraph does not apply in relation to a person who enters a residential care service or a flexible care service on or after the commencement of those subsections.

    2. (zna)

      while a person is liable to pay all or some of an accommodation bond by periodic payments—any rent from the person’s principal home that the person, or the person’s partner, earns, derives or receives from another person;

      Note 1: For rent, see subsection 13(2).

      Note 2: Under subsections 11A(8) and (9), the principal home of a person in a care situation may be a place other than the place where the person receives care.

      Note 3: See subsections (10A) and (10B) for the circumstances in which this paragraph does not apply in relation to a person who enters a residential care service or a flexible care service on or after the commencement of those subsections.

    3. (znaa)

      while a person is liable to pay all or some of a daily accommodation payment or a daily accommodation contribution—any rent from the person’s principal home that the person, or the person’s partner, earns, derives or receives from another person;

Renumbered s. 1072B..............

ad. No. 116, 1991

No. 194, 1991

s. 1072B.....................................

rep. No. 1, 1996

s. 1072P.....................................

Renumbered s. 1072C..............

ad. No. 116, 1991

am. No. 194, 1991

No. 194, 1991

s. 1072C.....................................

am. No. 63, 1994

rep. No. 1, 1996

s. 1072Q....................................

Renumbered s. 1072D.............

ad. No. 116, 1991

No. 194, 1991

s. 1072D....................................

rep. No. 230, 1992

1072‑1.......................................

am. No. 116, 1991

rep. No. 230, 1992

1072‑1A.....................................

ad. No. 116, 1991

rep. No. 230, 1992

1072‑2.......................................

am. No. 116, 1991

rep. No. 230, 1992

Subdiv. A of Div. 1 of.................

Part 3.10 (ss. 1073, 1074)

rep. No. 1, 1996

Heading to s. 1074......................

am. No. 104, 1995

rep. No. 1, 1996

Heading to Subdiv. AA of............

Div. 1 of Part 3.10

ad. No. 230, 1992

am. No. 230, 1992

rep. No. 1, 1996

Subdiv. AA of Div. 1 of...............

Part 3. 10 (ss. 1074A–1074G)

ad. No. 230, 1992

rep. No. 1, 1996

s. 1074A....................................

ad. No. 230, 1992

am. No. 230, 1992; No. 36, 1993; No. 1, 1996

rep. No. 1, 1996

s. 1074B.....................................

ad. No. 230, 1992

am. No. 63, 1994

rep. No. 1, 1996

s. 1074C.....................................

ad. No. 230, 1992

am. No. 36, 1993; No. 174, 1994

rep. No. 1, 1996

s. 1074D....................................

ad. No. 230, 1992

rep. No. 1, 1996

s. 1074E.....................................

ad. No. 230, 1992

am. No. 36, 1993; No. 109, 1994

rep. No. 1, 1996

ss. 1074F, 1074G........................

ad. No. 230, 1992

rep. No. 1, 1996

Heading to Subdiv. B of...............

Div. 1 of Part 3.10

am. No. 230, 1992; No. 36, 1993

rep. No. 1, 1996

Subdiv. B of Div. 1 of..................

Part 3.10 (ss. 1075–1078, 1080–1082)

rep. No. 1, 1996

Heading to Div. 1 of....................

Part 3.10

rep. No. 1, 1996

Example to s. 1076(3)..................

rep. No. 84, 1996

Example to s. 1077(3)..................

rep. No. 84, 1996

Example to s. 1078(3)..................

rep. No. 84, 1996

s. 1079.......................................

rep. No. 230, 1992

ad. No. 36, 1993

rs. No. 1, 1996

rep. No. 84, 1996

s. 1080.......................................

am. No. 116, 1991; No. 81, 1992

rep. No. 230, 1992

ad. No. 36, 1993

am. No. 53, 1995

rs. No. 1, 1996

rep. No. 84, 1996

Heading to Subdiv. C of...............

Div. 1 of Part 3.10

am. No. 230, 1992

rep. No. 36, 1993

Subdiv. C of Div. 1 of..................

Part 3.10 (ss. 1082, 1083)

rep. No. 36, 1993

ss. 1085–1093.............................

rep. No. 230, 1992

s. 1094.......................................

am. Nos. 116 and 194, 1991

rep. No. 230, 1992

s. 1095.......................................

am. No. 116, 1991; No. 81, 1992

rep. No. 230, 1992

ad. No. 1, 1996

rep. No. 83, 1996

Subdiv. D of Div. 1 of.................

Part 3.10 (s. 1097)

rep. No. 230, 1992

Subdiv. D of Div. 1 of.................

Part 3.10 (ss. 1097, 1097A)

ad. No. 230, 1992

Subdiv. D of Div. 1 of.................

Part 3.10 (s. 1097)

rep. No. 1, 1996

s. 1097A....................................

ad. No. 230, 1992

rep. No. 36, 1993

Heading to Subdiv. B of...............

Div. 1C of Part 3.10

am. No. 1, 1996

rs. No. 93, 1998

Subdiv. B of Div. 1C of...............

Part 3.10 (ss. 1098, 1099)

rep. No. 93, 1998

Heading to Div. 1A of.................

Part 3.10

rs. No. 230, 1992

rep. No. 1, 1996

Div. 1A of Part 3.10....................

(ss. 1099A–1099F)

ad. No. 116, 1991

Div. 1A of Part 3.10....................

(ss. 1099A–1099D, 1099DA, 1099E, 1099F)

rep. No. 1, 1996

s. 1099DA..................................

ad. No. 230, 1992

rep. No. 1, 1996

Div. 1B of Part 3.10.....................

(ss. 1099G–1099M)

ad. No. 116, 1991

Div. 1B of Part 3.10.....................

(ss. 1099G, 1099GA, 1099H–1099K, 1099KA, 1099L, 1099M)

rep. No. 1, 1996

s. 1099GA..................................

ad. No. 230, 1992

rep. No. 1, 1996

s. 1099KA..................................

ad. No. 230, 1992

rep. No. 1, 1996

Div. 1C of Part 3.10.....................

(ss. 1099N–1099Q)

ad. No. 116, 1991

rep. No. 1, 1996

s. 1099N....................................

ad. No. 116, 1991

rep. No. 1, 1996

s. 1099P.....................................

ad. No. 116, 1991

am. No. 194, 1991

rep. No. 1, 1996

s. 1099Q....................................

ad. No. 116, 1991

rep. No. 1, 1996

s. 1101.......................................

rs. No. 61, 1993

rep. No. 202, 1997

ss. 1102–1104.............................

rep. No. 61, 1993

s. 1105.......................................

am. No. 229, 1992

rep. No. 61, 1993

Heading to Div. 4 of....................

Part 3.10

am. No. 121, 1993

rep. No. 84, 1996

Div. 4 of Part 3.10.......................

(ss. 1113–1115)

rep. No. 84, 1996

s. 1113.......................................

am. No. 116, 1991; No. 230, 1992; No. 121, 1993; No. 174, 1994

rep. No. 84, 1996

s. 1114.......................................

rs. No. 116, 1991

am. No. 230, 1992

rep. No. 84, 1996

s. 1115.......................................

rep. No. 84, 1996

Heading to Module A..................

am. No. 121, 1993

rep. No. 84, 1996

Module A to s. 1115....................

(1115‑A1 to 1115‑A6)

rep. No. 84, 1996

1115‑A1.....................................

am. No. 116, 1991

rep. No. 84, 1996

1115‑A2.....................................

rs. No. 116, 1991

am. No. 194, 1991; No. 229, 1992

rep. No. 84, 1996

1115‑A3.....................................

rs. No. 116, 1991

rep. No. 84, 1996

1115‑A4.....................................

rs. No. 116, 1991

am. No. 194, 1991

rep. No. 84, 1996

1115‑A5, 1115‑A6......................

ad. No. 116, 1991

rep. No. 84, 1996

Heading to Module B..................

am. No. 121, 1993

rep. No. 84, 1996

Module B to s. 1115....................

(1115‑B1, 1115‑B2, 1115‑B2A, 1115‑B3 to 1115‑B6)

rep. No. 84, 1996

1115‑B1.....................................

am. Nos. 116 and 194, 1991

rep. No. 84, 1996

1115‑B2.....................................

am. No. 116, 1991

rep. No. 84, 1996

1115‑B2A..................................

ad. No. 230, 1992

rep. No. 84, 1996

1115‑B3.....................................

am. Nos. 73 and 194, 1991

rep. No. 84, 1996

1115‑B4, 1115‑B5.......................

ad. No. 121, 1993

am. No. 184, 1994

rep. No. 84, 1996

1115‑B6.....................................

ad. No. 121, 1993

am. No. 184, 1994; No. 1, 1996

rep. No. 84, 1996

Heading to Module C..................

am. No. 121, 1993

rep. No. 84, 1996

Module C to s. 1115....................

(1115‑C1, 1115‑C2)

rep. No. 84, 1996

1115‑C1.....................................

am. No. 116, 1991; No. 81, 1992

rep. No. 84, 1996

1115‑C2.....................................

rep. No. 84, 1996

Heading to Module D..................

am. No. 121, 1993

rep. No. 84, 1996

Module D to s. 1115....................

(1115‑D1, 1115‑D2)

rep. No. 84, 1996

1115‑D1.....................................

am. No. 116, 1991

rep. No. 84, 1996

1115‑D2.....................................

rep. No. 84, 1996

Div. 5 of Part 3.10.......................

(ss. 1115A–1115C)

ad. No. 121, 1993

rep. No. 84, 1996

ss. 1115A, 1115B........................

ad. No. 121, 1993

am. Nos. 174 and 184, 1994; No. 1, 1996

rep. No. 84, 1996

s. 1115C.....................................

ad. No. 121, 1993

rep. No. 84, 1996

Module A of s. 1115C.................

(1115C‑A1 to 1115C‑A5)

ad. No. 121, 1993

Module A of s. 1115C.................

(1115C‑A1 to 1115G‑A4)

rep. No. 84, 1996

1115C‑A1 to 1115C‑A3...............

ad. No. 121, 1993

rep. No. 84, 1996

1115C‑A4..................................

ad. No. 121, 1993

rs. No. 174, 1994

rep. No. 84, 1996

1115C‑A5..................................

ad. No. 121, 1993

rep. No. 174, 1994

Module B of s. 1115C..................

(1115C‑B1 to 1115C‑B5)

ad. No. 121, 1993

rep. No. 84, 1996

1115C‑B1...................................

ad. No. 121, 1993

rep. No. 84, 1996

1115C‑B2...................................

ad. No. 121, 1993

am. No. 184, 1994

rep. No. 84, 1996

1115C‑B3...................................

ad. No. 121, 1993

rep. No. 84, 1996

1115C‑B4...................................

ad. No. 121, 1993

am. No. 184, 1994; No. 1, 1996

rep. No. 84, 1996

1115C‑B5...................................

ad. No. 121, 1993

am. No. 184, 1994

rep. No. 84, 1996

Module C of s. 1115C..................

(1115C‑C1 to 1115C‑C3)

ad. No. 121, 1993

Module C of s. 1115C..................

(1115C‑C1, 1115C‑C2)

rep. No. 1, 1996

Module C of s. 1115C..................

(1115C‑C1)............................

ad. No. 1, 1996

rep. No. 84, 1996

1115C‑C1...................................

ad. No. 121, 1993

am. No. 174, 1994

rs. No. 1, 1996

rep. No. 84, 1996

1115C‑C2...................................

ad. No. 121, 1993

rs. No. 174, 1994

rep. No. 1, 1996

1115C‑C3...................................

ad. No. 121, 1993

rep. No. 174, 1994

Module D of s. 1115C.................

(1115C‑D1 to 1115C‑D3)

ad. No. 121, 1993

Module D of s. 1115C.................

(1115C‑D1, 1115C‑D3)

rep. No. 1, 1996

Module D of s. 1115C.................

(1115C‑D1, 1115C‑D2)

ad. No. 1, 1996

rep. No. 84, 1996

1115C‑D1..................................

ad. No. 121, 1993

am. No. 174, 1994

rs. No. 1, 1996

rep. No. 84, 1996

1115C‑D2..................................

ad. No. 121, 1993

am. No. 184, 1994

rep. No. 174, 1994

ad. No. 1, 1996

rep. No. 84, 1996

1115C‑D3..................................

ad. No. 121, 1993

rep. No. 1, 1996

s. 1117.......................................

am. No. 116, 1991

rep. No. 152, 1999

Heading to s. 1132A....................

am. No. 197, 1997

rep. No. 83, 1999

s. 1132A....................................

ad. No. 175, 1991

rs. No. 69, 1992

am. Nos. 36 and 120, 1993; No. 106, 1995; Nos. 197 and 202, 1997; No. 106, 2000

rep. No. 83, 1999

Note to s. 1132A(1C)

Renumbered Note 1.................

ad. No. 175, 1991

No. 202, 1997

Note 1 to s. 1132A(1C)................

rep. No. 83, 1999

Note 2 to s. 1132A(1C)................

ad. No. 202, 1997

am. No. 197, 1997

rep. No. 83, 1999

s. 1132B.....................................

ad. No. 175, 1991

rep. No. 69, 1992

s. 1132C.....................................

ad. No. 175, 1991

am. No. 69, 1992

rep. No. 83, 1999

s. 1132D....................................

ad. No. 175, 1991

rs. No. 69, 1992

am. No. 106, 1995

rep. No. 83, 1999

s. 1145.......................................

rs. No. 116, 1991

am. No. 194, 1991

rep. No. 81, 1992

Note 1 to s. 1157A(1)..................

rs. No. 197, 1997

rep. No. 83, 1999

Note 2 to s. 1157A(1)..................

Renumbered Note 1.................

am. No. 45, 1998

No. 83, 1999

Note 1 to s. 1157A(1)..................

rep. No. 82, 1999

Part 3.12B..................................

ad. No. 143, 1995

rep. No. 114, 1997

ss. 1157W–1157Y.......................

ad. No. 143, 1995

rep. No. 114, 1997

Heading to Div. 1 of....................

Part 3.13

am. No. 141, 1991

rs. No. 175, 1991

am. No. 109, 1994

rep. No. 152, 1999

ss. 1159A–1159D........................

ad. No. 152, 1999

rep. No. 192, 1999

Heading to Div. 2 of....................

Part 3.13

am. No. 174, 1994

rs. No. 197, 1997

rep. No. 152, 1999

s. 1160.......................................

am. No. 68, 1991

rs. No. 116, 1991

am. No. 229, 1992; Nos. 55 and 174, 1994; No. 104, 1995; No. 197, 1997; No. 132, 1998

rep. No. 152, 1999

Note 1 to s. 1160.........................

rep. No. 132, 1998

Heading to s. 1161......................

am. No. 184, 1994

rep. No. 152, 1999

s. 1161.......................................

am. Nos. 68 and 141, 1991; Nos. 55, 174 and 184, 1994; No. 1, 1996; No. 45, 1998

rep. No. 152, 1999

Heading to Div. 3 of....................

Part 3.13

rep. No. 63, 1994

rs. No. 197, 1997

rep. No. 152, 1999

Div. 3 of Part 3.13 (s. 1162).........

ad. No. 174, 1994

rep. No. 152, 1999

s. 1162.......................................

am. No. 116, 1991

rep. No. 141, 1991

ad. No. 174, 1994

am. No. 197, 1997

rs. No. 132, 1998

rep. No. 152, 1999

Note to s. 1162............................

ad. No. 197, 1997

rep. No. 132, 1998

Div. 4 of Part 3.13 (s. 1162A).......

ad. No. 45, 1998

rep. No. 152, 1999

s. 1162A....................................

ad. No. 45, 1998

rep. No. 152, 1999

Heading to example to.................

s. 1165

rep. No. 84, 1996

Example to s. 1165......................

rep. No. 84, 1996

Note 1 to s. 1166(1).....................

rep. No. 84, 1996

Heading to example to.................

s. 1166

rep. No. 84, 1996

Example to s. 1166......................

rep. No. 84, 1996

Note 2 to s. 1167.........................

rep. No. 197, 1997

Div. 3 of Part 3.16.......................

(ss. 1195–1198)

rep. No. 230, 1992

s. 1195.......................................

am. No. 175, 1991; No. 69, 1992

rep. No. 230, 1992

ss. 1196–1198.............................

rep. No. 230, 1992

Heading to s. 1199......................

am. No. 106, 1995; No. 197, 1997

rep. No. 83, 1999

s. 1199.......................................

am. No. 73, 1991; No. 116, 1991 (as am. by No. 229, 1992); No. 194, 1991; Nos. 69, 229 and 230, 1992; Nos. 105 and 106, 1995; No. 197, 1997

rep. No. 83, 1999

Note to s. 1199(1).......................

am. No. 197, 1997

rep. No. 83, 1999

Note to s. 1199(3).......................

am. No. 197, 1997

rep. No. 83, 1999

ss. 1200, 1201.............................

am. Nos. 73, 116 and 194, 1991

rep. No. 69, 1992

Heading to s. 1202......................

am. No. 106, 1995; No. 197, 1997

rep. No. 83, 1999

s. 1202.......................................

am. No. 69, 1992; No. 106, 1995; No. 197, 1997

rep. No. 83, 1999

s. 1206.......................................

am. Nos. 115 and 116, 1991

rep. No. 36, 1993

s. 1206C.....................................

ad. No. 61, 1993

rep. No. 116, 1998

Part 4.1 of Chapter 4....................

(ss. 1208, 1208A, 1209, 1210, 1210‑A1, 1210‑A2, 1210‑B1 to 1210‑B9, 1210‑C1, 1210‑C2)

rep. No. 192, 1999

s. 1208.......................................

am. No. 194, 1991; No. 63, 1994; No. 1, 1996; No. 152, 1999

rep. No. 192, 1999

s. 1208A....................................

ad. No. 197, 1997

rep. No. 192, 1999

s. 1209.......................................

am. No. 197, 1997

rep. No. 192, 1999

s. 1210.......................................

am. No. 141, 1991; No. 81, 1992; No. 109, 1994; No. 106, 1995; Nos. 197 and 202, 1997

rep. No. 192, 1999

Module A of s. 1210....................

(1210‑A1, 1210‑A2)

rep. No. 192, 1999

1210‑A1.....................................

am. Nos. 69 and 81, 1992; No. 57, 1996; No. 197, 1997

rep. No. 192, 1999

Note 2 to 1210‑A1.......................

am. No. 143, 1995; No. 114, 1997

rep. No. 192, 1999

1210‑A2.....................................

ad. No. 81, 1992

am. No. 63, 1994

rep. No. 192, 1999

Module B of s. 1210....................

(1210‑B1 to 1210‑B9)

rep. No. 192, 1999

1210‑B1.....................................

rs. No. 109, 1994

rep. No. 192, 1999

1210‑B2 to 1210‑B4....................

rep. No. 192, 1999

1210‑B5, 1210‑B6.......................

am. No. 141, 1991; No. 109, 1994; No. 202, 1997

rep. No. 192, 1999

1210‑B7.....................................

rep. No. 192, 1999

Heading to 1210‑B8....................

am. No. 174, 1994; No. 197, 1997

rep. No. 192, 1999

1210‑B8.....................................

am. No. 174, 1994; No. 197, 1997

rep. No. 192, 1999

1210‑B9.....................................

am. No. 84, 1996

rep. No. 192, 1999

Module C of s. 1210....................

(1210‑C1, 1210‑C2)

rep. No. 192, 1999

1210‑C1, 1210‑C2.......................

rep. No. 192, 1999

Note 3 to s. 1211.........................

am. No. 197, 1997

rep. No. 83, 1999

Notes 1, 2 to s. 1222A.................

rep. No. 192, 1999

Notes to s. 1223(9)......................

rep. No. 84, 1996

Notes to s. 1223AA(1C)...............

rep. No. 84, 1996

Notes 2–4 to s. 1223AB...............

rep. No. 84, 1996

s. 1223A....................................

ad. No. 116, 1991

am. Nos. 175 and 194, 1991; No. 81, 1992; Nos. 36 and 121, 1993; Nos. 55, 63, 109 and 174, 1994; Nos. 1 and 84, 1996

rep. No. 84, 1996

Heading to s. 1223B....................

am. No. 174, 1994

rep. No. 84, 1996

s. 1223B.....................................

ad. No. 116, 1991

am. No. 175, 1991; No. 81, 1992; Nos. 36 and 121, 1993; Nos. 55, 63, 109 and 174, 1994; Nos. 1 and 84, 1996

rep. No. 84, 1996

Notes to s. 1224(2)......................

rep. No. 84, 1996

Notes to s. 1224AA(2).................

rep. No. 84, 1996

Notes to s. 1224AB(2).................

rep. No. 84, 1996

s. 1224A....................................

ad. No. 116, 1991

am. No. 81, 1992; No. 36, 1993; No. 63, 1994; No. 1, 1996

rep. No. 84, 1996

Notes to s. 1224A........................

rep. No. 84, 1996

Notes 1–3 to s. 1224B(1)..............

rep. No. 84, 1996

Notes 1–3 to s. 1224C..................

rep. No. 84, 1996

Notes 2–4 to s. 1224D(1).............

rep. No. 84, 1996

Notes to s. 1224E(2)....................

rep. No. 84, 1996

Notes 2–4 to s. 1225(1)................

rep. No. 84, 1996

Notes 2–4 to s. 1226A(1).............

rep. No. 84, 1996

Notes to s. 1229A(6)....................

rep. No. 84, 1996

Note to s. 1236............................

rep. No. 84, 1996

Chapter 6...................................

rep. No. 192, 1999

Part 6.1 of Chapter 6....................

(ss. 1238–1241, 1241A, 1242, 1242A, 1242B, 1243, 1243A, 1244)

rep. No. 192, 1999

s. 1238.......................................

am. No. 70, 1991

rep. No. 116, 1991

ad. No. 194, 1991

am. No. 36, 1993

rs. No. 36, 1993

rep. No. 192, 1999

s. 1239.......................................

am. Nos. 68, 116 and 175, 1991; Nos. 229, 230 and 241, 1992; Nos. 36, 61 and 121, 1993; Nos. 55 and 174, 1994; No. 39, 1995; No. 1, 1996; Nos. 103, 109, 19 and 114, 1997; Nos. 93 and 120, 1998

rep. No. 192, 1999

Note 1 to s. 1239(1).....................

am. No. 197, 1997; No. 45, 1998; No. 13, 1999

rep. No. 192, 1999

s. 1240.......................................

am. Nos. 68 and 175, 1991; Nos. 229, 230 and 241, 1992; Nos. 36, 61 and 121, 1993; Nos. 55, 109 and 174, 1994; Nos. 39 and 143, 1995; No. 1, 1996; Nos. 29, 103, 109, 114 and 202, 1997; Nos. 67 and 93, 1998

rep. No. 192, 1999

Note 1 to s. 1240(1).....................

am. No. 197, 1997; No. 13, 1999

rep. No. 192, 1999

s. 1241.......................................

am. No. 36, 1993; No. 177, 1994; No. 84, 1996; Nos. 29 and 106, 1997

rep. No. 192, 1999

s. 1241A....................................

ad. No. 177, 1994

rep. No. 192, 1999

Heading to s. 1242......................

am. No. 197, 1997

rep. No. 192, 1999

s. 1242.......................................

am. Nos. 29 and 197, 1997

rep. No. 192, 1999

s. 1242A....................................

ad. No. 230, 1992

am. No. 29, 1997; No. 93, 1998

rep. No. 192, 1999

s. 1242B.....................................

ad. No. 45, 1998

rep. No. 192, 1999

s. 1243.......................................

am. No. 230, 1992; Nos. 39 and 143, 1995; No. 29, 1997

rep. No. 192, 1999

s. 1243A....................................

ad. No. 120, 1993

am. No. 120, 1993; No. 29, 1997

rep. No. 192, 1999

s. 1244.......................................

am. No. 39, 1995

rep. No. 192, 1999

Part 6.2 of Chapter 6....................

(ss. 1245–1248, 1250, 1251, 1251A, 1252, 1252A, 1252B, 1253, 1254A, 1255, 1256A, 1257, 1259, 1260)

rep. No. 192, 1999

s. 1245.......................................

am. Nos. 68 and 70, 1991; No. 241, 1992

rs. No. 36, 1993

am. No. 121, 1993; No. 39, 1995; No. 1, 1996; Nos. 103 and 114, 1997; No. 45, 1998

rep. No. 192, 1999

s. 1246.......................................

rep. No. 192, 1999

s. 1247.......................................

am. No. 175, 1991; Nos. 229, 230 and 241, 1992; Nos. 36 and 121, 1993; No. 63, 1994; No. 174, 1994 (as am. by No. 43, 1996); No. 39, 1995; No. 1, 1996; No. 29, 1997

rep. No. 192, 1999

Note 1 to s. 1247(1).....................

am. No. 197, 1997; No. 13, 1999

rep. No. 192, 1999

s. 1248.......................................

am. No. 68, 1991; No. 36, 1993

rs. No. 121, 1993

am. No. 1, 1996; No. 45, 1998

rep. No. 192, 1999

s. 1249.......................................

rep. No. 230, 1992

s. 1250.......................................

am. Nos. 68, 115, 116 and 194, 1991; Nos. 229 and 241, 1992; Nos. 36, 61 and 121, 1993; Nos. 55, 109, 125 and 174, 1994; Nos. 106 and 143, 1995; No. 1, 1996; Nos. 109, 179, 197 and 202, 1997; Nos. 45 and 93, 1998; No. 13, 1999

rep. No. 192, 1999

s. 1251.......................................

am. No. 36, 1993; No. 105, 1995; No. 84, 1996; No. 106, 1997

rep. No. 192, 1999

s. 1251A....................................

ad. No. 105, 1995

rep. No. 192, 1999

Heading to s. 1252......................

am. No. 197, 1997

rep. No. 192, 1999

s. 1252.......................................

am. No. 230, 1992; No. 197, 1997

rep. No. 192, 1999

s. 1252A....................................

ad. No. 68, 1991

am. No. 230, 1992; No. 121, 1993; No. 1, 1996; No. 93, 1998

rep. No. 192, 1999

s. 1252B.....................................

ad. No. 45, 1998

rep. No. 192, 1999

s. 1253.......................................

am. No. 68, 1991; No. 116, 1991 (as am. by No. 229, 1992); No. 194, 1991; Nos. 36, 61 and 121, 1993; No. 143, 1995; No. 1, 1996; No. 29, 1997; No. 67, 1998

rep. No. 192, 1999

s. 1254.......................................

rep. No. 36, 1993

s. 1254A....................................

ad. No. 68, 1991

am. No. 121, 1993; No. 1, 1996; No. 29, 1997; No. 45, 1998

rep. No. 192, 1999

s. 1255.......................................

am. Nos. 68 and 116, 1991; No. 230, 1992; Nos. 36 and 121, 1993; No. 1, 1996; No. 45, 1998

rep. No. 192, 1999

s. 1256.......................................

am. No. 116, 1991

rep. No. 36, 1993

s. 1256A....................................

ad. No. 68, 1991

am. No. 121, 1993; No. 1, 1996; No. 45, 1998

rep. No. 192, 1999

s. 1257.......................................

am. No. 81, 1992; No. 29, 1997; No. 93, 1998

rep. No. 192, 1999

s. 1258.......................................

rep. No. 36, 1993

s. 1259.......................................

rep. No. 192, 1999

s. 1260.......................................

am. No. 36, 1993; No. 184, 1994; No. 39, 1995; No. 29, 1997; No. 45, 1998

rep. No. 192, 1999

Part 6.3 of Chapter 6....................

(ss. 1261–1281)

rep. No. 192, 1999

s. 1261.......................................

am. No. 81, 1992; No. 184, 1994; No. 29, 1997; Nos. 45 and 93, 1998

rep. No. 192, 1999

s. 1262.......................................

am. No. 184, 1994

rep. No. 192, 1999

s. 1263.......................................

am. No. 241, 1992; No. 184, 1994; No. 39, 1995; No. 45, 1998

rep. No. 192, 1999

s. 1264.......................................

am. No. 36, 1993; No. 184, 1994; No. 39, 1995; No. 45, 1998

rep. No. 192, 1999

s. 1265.......................................

am. No. 184, 1994

rep. No. 192, 1999

ss. 1266, 1267.............................

rep. No. 192, 1999

Heading to s. 1268......................

am. No. 184, 1994

rep. No. 192, 1999

s. 1268.......................................

am. No. 184, 1994

rep. No. 192, 1999

Heading to s. 1269......................

rs. No. 184, 1994

am. No. 184, 1994

rep. No. 192, 1999

s. 1269.......................................

am. No. 184, 1994; No. 45, 1998

rep. No. 192, 1999

ss. 1270, 1271.............................

rep. No. 192, 1999

s. 1272.......................................

am. Nos. 116 and 194, 1991; No. 143, 1995

rep. No. 192, 1999

s. 1273.......................................

am. No. 184, 1994; No. 45, 1998

rep. No. 192, 1999

s. 1274.......................................

am. No. 81, 1992; No. 184, 1994; No. 93, 1998

rep. No. 192, 1999

ss. 1275–1278.............................

rep. No. 192, 1999

s. 1279.......................................

am. No. 241, 1992; No. 184, 1994; No. 39, 1995; No. 45, 1998

rep. No. 192, 1999

s. 1280.......................................

rep. No. 192, 1999

s. 1281.......................................

am. No. 184, 1994; No. 39, 1995

rep. No. 192, 1999

Part 6.4 of Chapter 6....................

(ss. 1282–1285, 1285A, 1287–1294, 1294A)

rep. No. 192, 1999

s. 1282.......................................

am. No. 70, 1991; No. 241, 1992; No. 36, 1993; No. 39, 1995; Nos. 103 and 114, 1997

rep. No. 192, 1999

s. 1283.......................................

am. No. 39, 1995; No. 1, 1996

rep. No. 192, 1999

s. 1284.......................................

rep. No. 192, 1999

s. 1285.......................................

am. No. 29, 1997

rep. No. 192, 1999

s. 1285A....................................

ad. No. 143, 1995

rep. No. 192, 1999

Subdiv. A of Div. 2 of.................

Part 6.4 (s. 1286)

rep. No. 36, 1993

s. 1286.......................................

rep. No. 36, 1993

Heading to Subdiv. B of...............

Div. 2 of Part 6.4

rep. No. 36, 1993

s. 1287.......................................

am. No. 36, 1993

rep. No. 192, 1999

ss. 1288–1290.............................

rep. No. 192, 1999

s. 1291.......................................

am. No. 29, 1997

rep. No. 192, 1999

s. 1292.......................................

rep. No. 192, 1999

s. 1293.......................................

am. No. 63, 1994

rep. No. 192, 1999

s. 1294.......................................

rep. No. 192, 1999

s. 1294A....................................

ad. No. 143, 1995

rep. No. 192, 1999

Chapter 7...................................

rep. No. 192, 1999

Part 7.1 of Chapter 7....................

(ss. 1295–1298, 1298A–1298C, 1299–1302, 1302A, 1303)

rep. No. 192, 1999

ss. 1295–1298.............................

rep. No. 192, 1999

s. 1298A....................................

ad. No. 68, 1991

rs. No. 1, 1996

rep. No. 192, 1999

s. 1298B.....................................

ad. No. 194, 1991

rep. No. 192, 1999

s. 1298C.....................................

ad. No. 63, 1996

rep. No. 192, 1999

s. 1299.......................................

am. No. 68, 1991; No. 121, 1993; No. 109, 1994; No. 143, 1995; No. 1, 1996; Nos. 29, 109 and 202, 1997; No. 93, 1998

rep. No. 192, 1999

s. 1300.......................................

rep. No. 192, 1999

s. 1301.......................................

am. No. 68, 1991; No. 1, 1996

rep. No. 192, 1999

s. 1302.......................................

rep. No. 192, 1999

s. 1302A....................................

ad. No. 230, 1992

am. No. 120, 1993; No. 105, 1995

rep. No. 192, 1999

s. 1303.......................................

am. No. 68, 1991; No. 93, 1998

rep. No. 192, 1999

Part 7.2 of Chapter 7....................

(ss. 1304–1307, 1310–1312, 1312A, 1312B, 1313–1316, 1316A, 1318, 1321, 1321A)

rep. No. 192, 1999

s. 1304.......................................

am. No. 116, 1991; Nos. 81 and 229, 1992; No. 36, 1993; No. 157, 1994; Nos. 105 and 143, 1995; Nos. 45 and 67, 1998

rep. No. 192, 1999

ss. 1305, 1306.............................

am. Nos. 116 and 194, 1991; Nos. 81, 229 and 241, 1992; No. 36, 1993; No. 143, 1995; No. 45, 1998

rep. No. 192, 1999

s. 1307.......................................

am. Nos. 116 and 194, 1991; Nos. 81 and 229, 1992; No. 36, 1993; No. 143, 1995; No. 5, 1997; No. 45, 1998

rep. No. 192, 1999

s. 1308.......................................

am. No. 68, 1991

rep. No. 116, 1991

s. 1309.......................................

rep. No. 81, 1992

s. 1310.......................................

rep. No. 192, 1999

s. 1311.......................................

am. Nos. 68 and 194, 1991; No. 229, 1992; No. 143, 1995;

No. 1, 1996

rep. No. 192, 1999

s. 1312.......................................

am. No. 116, 1991; Nos. 229 and 241, 1992; No. 63, 1994; Nos. 29 and 196, 1997; No. 45, 1998

rep. No. 192, 1999

s. 1312A....................................

ad. No. 229, 1992

rs. No. 63, 1994

am. No. 143, 1995; Nos. 29 and 196, 1997; No. 45, 1998

rep. No. 192, 1999

Note 2 to s. 1312A......................

am. Nos. 29 and 196, 1997; No. 45, 1998

rep. No. 192, 1999

s. 1312B.....................................

ad. No. 229, 1992

rs. No. 63, 1994

am. No. 143, 1995; Nos. 29 and 196, 1997; No. 45, 1998

rep. No. 192, 1999

s. 1313.......................................

am. No. 241, 1992; Nos. 29 and 196, 1997; No. 45, 1998

rep. No. 192, 1999

s. 1314.......................................

am. No. 116, 1991; No. 241, 1992; Nos. 63 and 177, 1994; Nos. 29 and 196, 1997; No. 45, 1998

rep. No. 192, 1999

s. 1315.......................................

am. No. 63, 1994

rep. No. 192, 1999

s. 1316.......................................

am. No. 63, 1994; No. 143, 1995

rep. No. 192, 1999

s. 1316A....................................

ad. No. 116, 1991

am. No. 63, 1994; No. 143, 1995

rep. No. 192, 1999

s. 1317.......................................

am. No. 229, 1992

rep. No. 63, 1994

s. 1318.......................................

am. No. 63, 1994; No. 143, 1995; Nos. 29 and 196, 1997; No. 45, 1998

rep. No. 192, 1999

s. 1319.......................................

am. No. 116, 1991

rs. No. 36, 1993

rep. No. 63, 1994

s. 1320.......................................

rep. No. 63, 1994

s. 1321.......................................

am. No. 63, 1994

rep. No. 192, 1999

s. 1321A....................................

ad. No. 63, 1994

rep. No. 192, 1999

Part 7.3 of Chapter 7....................

(ss. 1322–1325, 1325A, 1326–1342)

rep. No. 192, 1999

s. 1322.......................................

rs. No. 70, 1991

rep. No. 192, 1999

s. 1323.......................................

rep. No. 192, 1999

s. 1324.......................................

am. No. 184, 1994

rep. No. 192, 1999

s. 1325.......................................

rep. No. 192, 1999

s. 1325A....................................

ad. No. 116, 1991

am. No. 184, 1994

rep. No. 192, 1999

s. 1326.......................................

am. No. 116, 1991; No. 184, 1994

rep. No. 192, 1999

ss. 1327, 1328.............................

rep. No. 192, 1999

s. 1329.......................................

am. No. 116, 1991

rep. No. 192, 1999

s. 1330.......................................

rep. No. 192, 1999

s. 1331.......................................

rs. No. 116, 1991

am. No. 146, 1999

rep. No. 192, 1999

ss. 1332, 1333.............................

rep. No. 192, 1999

s. 1334.......................................

am. No. 116, 1991; No. 94, 1992; No. 184, 1994

rep. No. 192, 1999

s. 1335.......................................

rep. No. 192, 1999

s. 1336.......................................

am. No. 184, 1994; No. 45, 1998

rep. No. 192, 1999

s. 1337.......................................

am. No. 184, 1994; No. 148, 1995; No. 45, 1998

rep. No. 192, 1999

ss. 1338–1340.............................

rep. No. 192, 1999

s. 1341.......................................

am. No. 146, 1999

rep. No. 192, 1999

s. 1342.......................................

am. No. 194, 1991

rep. No. 192, 1999

Chapter 8...................................

rep. No. 192, 1999

Part 8.1 of Chapter 8....................

(ss. 1343–1348, 1350, 1351, 1353–1358, 1358A, 1358B)

rep. No. 192, 1999

s. 1343.......................................

am. No. 36, 1993; No. 45, 1998

rep. No. 192, 1999

Heading to s. 1344......................

am. No. 45, 1998

rep. No. 192, 1999

s. 1344.......................................

am. No. 36, 1993; No. 45, 1998

rep. No. 192, 1999

s. 1345.......................................

am. No. 197, 1997; No. 45, 1998

rep. No. 192, 1999

s. 1346.......................................

rep. No. 192, 1999

ss. 1347, 1348.............................

am. No. 194, 1991; No. 36, 1993; No. 45, 1998

rep. No. 192, 1999

s. 1349.......................................

rep. No. 63, 1994

s. 1350.......................................

am. No. 194, 1991; No. 36, 1993; No. 143, 1995

rep. No. 192, 1999

Heading to s. 1351......................

am. No. 45, 1998

rep. No. 192, 1999

s. 1351.......................................

am. No. 43, 1996; No. 45, 1998

rep. No. 192, 1999

s. 1352.......................................

am. No. 36, 1993

rep. No. 63, 1994

ss. 1353–1356.............................

rep. No. 192, 1999

s. 1357.......................................

am. No. 36, 1993

rep. No. 192, 1999

s. 1358.......................................

am. No. 81, 1992

rep. No. 192, 1999

Div. 4 of Part 8.1.........................

(ss. 1358A, 1358B)

ad. No. 63, 1994

rep. No. 192, 1999

ss. 1358A, 1358B........................

ad. No. 63, 1994

rep. No. 192, 1999

Part 8.2 of Chapter 8....................

(ss. 1359–1364)

rep. No. 192, 1999

Heading to s. 1359......................

rs. No. 120, 1998

rep. No. 192, 1999

s. 1359.......................................

am. No. 36, 1993; No. 143, 1995; No. 120, 1998

rep. No. 192, 1999

s. 1360.......................................

rep. No. 192, 1999

s. 1361.......................................

am. No. 194, 1991; No. 36, 1993; No. 67, 1998

rep. No. 192, 1999

s. 1362.......................................

rep. No. 192, 1999

s. 1363.......................................

am. No. 68, 1991; No. 36, 1993; No. 184, 1994; No. 105, 1995; No. 1, 1996; Nos. 45 and 93, 1998

rep. No. 192, 1999

s. 1364.......................................

rep. No. 192, 1999

Schedule 1AA............................

ad. No. 29, 1997

rep. No. 192, 1999

Endnote 6Appendix

This endnote sets out an Appendix to the Social Security Act 1991 .

CPI (Consumer Price Index) adjusted amounts

Part 3.16 (sections 1189 to 1206G) of the Social Security Act 1991 provides for the indexation and adjustment of certain amounts mentioned in the Act.

The resulting changes in those amounts are not the subject of formal amendment of the Act itself and, therefore, are not incorporated in the main text of this compilation.

The affected provisions, incorporating adjusted figures can be found at the Department of Social Services.

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