Social Security (Administration) Act 1999
No. 191, 1999
Compilation No. 163
Compilation date: 5 December 2025
Includes amendments: Act No. 73, 2025
This compilation is in 2 volumes
Volume 1: sections 1‑123ZO
Volume 2: sections 124‑257
Schedules
Endnotes
Each volume has its own contents
About this compilation
This compilation
This is a compilation of the Social Security (Administration) Act 1999 that shows the text of the law as amended and in force on 5 December 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 (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
2A Application of the Criminal Code
3 Interpretation
5 Manner of giving notice
6 Effect of certain determinations
6A Secretary may arrange for use of computer programs to make decisions
6B Norfolk Island
Part 2—General administration of social security law
7 General administration of social security law
8 Principles of administration
10 Agreement on administrative arrangements
Part 3—Provision of benefits
Division 1—Claim for social security payment or concession card
Subdivision A—Need for claim
11 General rule
Subdivision B—Cases where claim not necessary
12 Deemed claim in certain cases
12A One‑off payment to the aged
12AA One‑off payments to carers
12AB Economic security strategy payment and training and learning bonus
12AC One‑off energy assistance payment
12AD 2019 one‑off energy assistance payment
12AE 2020 economic support payment
12AF Additional economic support payments
12AG Remote engagement program payment
12AH 2022 cost of living payment
12B Language, literacy and…
Overview
The Social Security (Administration) Act 1999, enacted by the Australian Parliament, addresses the administration of social security law, ensuring its efficient and effective implementation. The Act provides a comprehensive framework for the administration of social security payments, including the determination of eligibility, the making of claims, and the payment and protection of social security benefits. It also outlines the principles of administration, including the promotion of the ready availability of advice and information, and the establishment of streamlined processes to facilitate access to benefits. Furthermore, the Act sets forth the obligations of the Secretary in managing the social security system, ensuring that payments are made promptly and accurately, and that the rights of recipients are protected. The policy objective of the Act is to streamline the administration of social security and ensure that benefits are delivered in a fair, efficient, and transparent manner, ultimately supporting vulnerable and disadvantaged members of society.
Scope and Application
The Social Security (Administration) Act 1999 is a Commonwealth Act that governs the administration of social security laws in Australia. It applies to the Secretary of the Department of Social Services, who is responsible for the general administration of social security law. This includes the provision of social security payments and concession cards to eligible individuals. The Act sets out the procedures for making claims for benefits, determining eligibility, and managing the payments and accounts of recipients, including through the use of computer programs for decision-making. The Act extends to Norfolk Island and its provisions are not limited by any other Australian legislation. Certain exclusions and exemptions apply, such as where a person is already receiving a specific social security payment or holding a certain concession card, or where a payment is a deemed claim under specific circumstances. The Act's application can be further extended or restricted through subordinate instruments, such as legislative instruments and regulations, which may specify additional details or conditions not covered in the primary Act. These instruments allow for flexibility in the administration of social security laws, addressing contemporary issues or administrative requirements as they arise.
Key Provisions
- The Social Security (Administration) Act 1999, as amended up to 5 December 2025, contains provisions that govern the administration of social security payments and concession cards in Australia. The main operative sections of the Act outline the requirements and procedures for claiming social security payments, making claims for concession cards, and determining those claims. Section 11 requires claimants to make a claim unless certain conditions are met, while sections 12 to 12AE detail specific circumstances under which a claim may not be necessary. Section 13 outlines the obligation to make a claim if the claimant contacts the Department about a potential payment, and section 14 specifies the obligation for concession card claimants to make a claim when they contact the Department. Section 15 allows for the Secretary to make a determination of a deemed claim in cases where the claimant makes an incorrect or inappropriate claim.
- The Act imposes obligations on claimants to provide information, attend interviews, and undergo medical examinations as required under sections 63 to 66 and 66A. Claimants must also comply with notices to provide information about changes in circumstances, as outlined in sections 66A to 72. Additionally, section 73 mandates that the Secretary must have regard to the best interests of children when taking action under the Act. The Act further requires that social security payments be protected from assignment or attachment under section 60, and that certain payments may be deducted at the request of the recipient, such as payments to the Commissioner of Taxation (section 61) or other specified recipients (section 61A).
- Breach of the Act can result in civil or criminal consequences. For instance, failure to comply with a notice under sections 66A to 72 may result in imprisonment for 6 months as per section 74. The Act also outlines specific offences and penalties related to misuse of vouchers and stored value cards, unauthorised possession and use of cheques, and failure to repay amounts credited to accounts or breaches of conditions related to account crediting. These provisions are detailed in sections 123ZF to 123ZIA. In cases of administrative errors, section 123ZJA allows for the Secretary to correct errors by debiting or crediting the relevant accounts, and to impose debts for overpayments or shortfalls. Importantly, the Act also stipulates that certain actions taken under the Act do not have tax consequences for the parties involved, as stated in sections 123W, 123Y, and 123YN.
- Area of Law
- Social Security Law
- Administrative Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Delegated & Subordinate Legislation
- Licensing & Registration
- Reporting Obligations
- Enforcement Powers
- Compliance Obligations
- Prohibited Conduct
