Social Security (Budget and Other Measures) Legislation Amendment Act 1993 (Cth)
Section
1. Short title etc.
2. Commencement
3. Application
4. Principal Act
5. Insertion of new Part:
PART 2.12A—MATURE AGE ALLOWANCES
660XAA. Structure of Part
660XAB. Claims to be lodged on or before 30 June 1996
TABLE OF PROVISIONS—
Section
660XBA. Qualification for mature age allowance
660XBB. Assurance of support
660XBC. Person may be treated as unemployed
660XBD. Persons participating in Jobskills to be treated as employed
660XBE. Unemployment due to industrial action
660XBF. Registration by CES
660XBG. Certain mature age allowance claimants do not have to satisfy paragraph 660XBA(1)(c)
660XBH. Attendance at Reserve or Emergency Force training camp
660XBI. Qualification for mature age partner allowance
660XBJ. Assurance of support
66GXBK. Attendance at Reserve or Emergency Force training camp
660XCA. Mature age allowance not payable in some circumstances
660XCB. Mature age allowance generally not payable before claim
660XCC. Provisional commencement day
660XCD. Provision of person’s tax file number
660XCE. Provision of partner’s tax file number
660XCF. Multiple entitlement exclusion
660XCG. Educational and other schemes exclusion
660XCH. Commonwealth funded employment program exclusion
660XCI. Mature age partner allowance not payable in some circumstances
660XCJ. Mature age partner allowance generally not payable before claim
660XCK. Provisional commencement day
660XCL. Provision of person’s tax file number
660XCM. Provision of partner’s tax file number
660XCN. Multiple entitlement exclusion
660XCO. Educational schemes exclusion
660XCP. Commonwealth funded employment program exclusion
660XDA. Need for a claim
660XDB. Form of claim
660XDC. Lodgment of claim
660XDD. Claimant must be an Australian resident and in Australia
660XDE. Claim may be withdrawn
660XDF. Secretary may require claimant to give statement of claimant’s tax file number
660XDG. Secretary may require claimant to give statement of partner’s tax file number
660XEA. Secretary to determine claim
TABLE OF PROVISIONS—
Section
660XEB. Grant of claim
660XEC. Date of effect of determination
660XFA. How to work out a person’s mature age allowance or mature age partner allowance
660XGA. Commencement of mature age allowance or mature age partner allowance
660XGB. Payment by instalments
660XGC. Effect on instalments of backdating claim
660XGD. Calculation of amount of instalment
660XGE. Instalments to be paid to person or nominee
660XGF. Payment into bank account etc.
660XGG. Where allowance payday would fall on public holiday etc.
660XGH. Payment of mature age allowance or mature age partner allowance after death
660XHA. Mature age allowance and mature age partner allowance to be absolutely inalienable
660XHB. Effect of garnishee or attachment order
660X1A. Secretary may require recipient to give statement of recipient’s tax file number
660XIB. Secretary may require recipient to give statement of partner’s tax file number
660XIC. Secretary may require notice of the happening of an event or a change in circumstances
660X1D. Secretary may require recipient to give particular information relevant to payment of mature age allowance or mature age partner allowance
660XJA. Continuing effect of determination
660XJB. Automatic termination—transfer to new payment type
660XJC. Automatic termination of mature age partner allowance—transfer of partner to new payment type
660XJD. Automatic termination—recipient
complying with section 660XIC notification obligations660XJE. Automatic termination—recipient
not complying with section 660XIC notification obligations
660XJF. Automatic rate reduction of mature age allowance—partner starting to receive pension or benefit
TABLE OF PROVISIONS—
Section
660XJG. Automatic rate reduction—recipient
not complying with section 660XIC notification obligations660XJH. Automatic rate reduction—failure to inform Department of payment for remunerative work where earnings credit account balance available
660XJI. Changes to payments by computer following automatic termination or reduction
660XJJ. Rate increase determination
660XJK. Rate reduction determination
660XJL. Cancellation or suspension determination
660XJM. Cancellation or suspension for failure to comply with section 660XID, 1304 or 1305 notice
660XJN. Changes to payments by computer
660XJO. Resumption of payment after cancellation or suspension
660XJP. Date of effect of favourable determination
660XJQ. Date of effect of adverse determination
660XKA. Qualification for payments under this Subdivision
660XKB. Continued payment of partner’s pension
660XKC. Lump sum payable in some circumstances
660XKD. Adjustment of person’s mature age allowance rate
660XKE. Effect of death of person entitled to payments under this Subdivision
660XKF. Matters affecting payment of benefits under this Subdivision
660XKG. Death of recipient
660XKH. Continuation of mature age partner allowance for bereavement period
660XKI. Continued mature age partner allowance rate
660XKJ. Qualification for payments under this Subdivision
660XKK. Continued payment of partner’s allowance
660XKL. Lump sum payable in some circumstances
660XKM. Effect of death of person entitled to payments under this Subdivision
660XKN. Matters affecting payment of benefits under this Subdivision
660XLA. Fringe benefits
6. Consequential amendments
TABLE OF PROVISIONS—
Section
7. Insertion of new Division:
1115A. Earnings credit account balance may be set-off against ordinary income from remunerative work
1115B. Earnings credit accounts
1115C. Earnings credit account balance
EARNINGS CREDIT ACCOUNT BALANCE CALCULATOR B |
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8. Consequential amendments
9. Qualification for job search allowance
10. Effect of incapacity on qualification
11. Persons may be treated as unemployed
12. Activity test
13. Insertion of new section:
525AA. Relief from activity test—special circumstances
14. Insertion of new Subdivision:
525A. Job Search Activity Agreements—requirement
525B. Job Search Activity Agreements—terms
525C. Job Search Activity Agreements—failure to negotiate
15. Multiple entitlement exclusion
16. Insertion of new sections:
542A. Removal from allowance for failure to enter Job Search Activity Agreement
542B. Removal from allowance for failure to comply with Job Search Activity Agreement
17. Activity test
18. Insertion of new section:
603A. Relief from activity test—special circumstances
19. Newstart Activity Agreements — terms
20. Multiple entitlement exclusion
21. Person undertaking rehabilitation program may qualify for sickness allowance
22. Delegation
23. Schedule 1A
24. Consequential amendments
25. Insertion of new Divisions:
665Q. Payment to a job search allowance recipient who has not turned 18
665R. Amount of section 665Q payment
TABLE OF PROVISIONS—
Section
665S. Need for a claim
665T. Claim may be withdrawn
665U. Payment to a newstart allowance recipient
665V. Amount of section 665U payment
665W. Need for a claim
665X. Claim may be withdrawn
26. Education entry payment debt
Division 6 — Claims for comparable foreign payments 27. General definitions
28. Insertion of new section:
38A. CFP countries
29. Insertion of new section:
51C. Secretary may require claimant or partner to take action to obtain a comparable foreign payment
30. Insertion of new section:
69A. Secretary may require recipient or partner to take action to obtain a comparable foreign payment
31. Insertion of new section:
78AA. Cancellation or suspension for failure to take action to obtain a comparable foreign payment
32. Insertion of new section:
112A. Secretary may require claimant or partner to take action to obtain a comparable foreign payment
33. Insertion of new section:
133A. Secretary may require recipient or partner to take action to obtain a comparable foreign payment
34. Insertion of new section:
146AA. Cancellation or suspension for failure to take action to obtain a comparable foreign payment
35. Insertion of new section:
155C. Secretary may require claimant or partner to take action to obtain a comparable foreign payment
36. Insertion of new section:
174. Secretary may require recipient or partner to take action to obtain a comparable foreign payment
37. Insertion of new section:
182AA. Cancellation or suspension for failure to take action to obtain a comparable foreign payment
38. Insertion of new section:
206C. Secretary may require claimant or partner to take action to obtain a comparable foreign payment
39. Insertion of new section:
223A. Secretary may require recipient or partner to take action to obtain a comparable foreign payment
40. Insertion of new section:
231AA. Cancellation or suspension for failure to take action to obtain a comparable foreign payment
41. Insertion of new section:
265C. Secretary may require claimant or partner to take action to obtain a comparable foreign payment
42. Insertion of new section:
285A. Secretary may require recipient or partner to take action to obtain a comparable foreign payment
TABLE OF PROVISIONS—
Section
43. Insertion of new section:
295AA. Cancellation or suspension for failure to take action to obtain a comparable foreign payment
44. Insertion of new section:
325B. Secretary may require claimant or partner to take action to obtain a comparable foreign payment
45. Insertion of new section:
343. Secretary may require recipient or partner to take action to obtain a comparable foreign payment
46. Insertion of new section:
352AA. Cancellation or suspension for failure to take action to obtain a comparable foreign payment
47. Insertion of new section:
372B. Secretary may require claimant or partner to take action to obtain a comparable foreign payment
48. Insertion of new section:
391. Secretary may require recipient or partner to take action to obtain a comparable foreign payment
49. Insertion of new section:
400A. Cancellation or suspension for failure to take action to obtain a comparable foreign payment
50. Insertion of new section:
791B. Secretary may require claimant or partner to take action to obtain a comparable foreign payment
51. Insertion of new section:
810. Secretary may require recipient or partner to take action to obtain a comparable foreign payment
52. Insertion of new section:
818AA. Cancellation or suspension for failure to take action to obtain a comparable foreign payment
53. Consequential amendments
54. Automatic termination—recipient
not complying with section 574 notification obligations55. Automatic rate reduction—recipient
not complying with section 574 notification obligations56. Automatic termination—recipient
not complying with section 657 notification obligations57. Automatic rate reduction—recipient
not complying with section 657 notification obligations58. Automatic termination—recipient
not complying with section 727 notification obligations59. Automatic rate reduction—recipient
not complying with section 727 notification obligations60. Debts arising under this Act and 1947 Act
61. Insertion of new section:
1224AA. Person other than payee obtaining payment of a cheque
62. Consequential amendments
63. General effect of Chapter
64. Insertion of new section:
1224AB. Debts arising from conviction of person for involvement in contravention of Act by debtor
TABLE OF PROVISIONS—
Section
65. Additional amount for late payment of certain debts
66. Deductions from debtor’s social security payment
67. Legal proceedings
68. Garnishee notice
69.
Compensation recovery definitions
70.
Compensation recovery definitions71. General effect of Part
72. Insertion of new sections:
1163A. Certain lump sums to be treated as though they were received as periodic payments
1163B. Effect of certain State and Territory laws
73. Secretary may require person to take action to obtain compensation
74. Pension, benefit or allowance not payable during lump sum preclusion period
75. Person may have to repay amount where both lump sum and pension, benefit or allowance payments have been received
76. Rate reduction of certain pensions, benefits and allowances where periodic compensation payments received
77. Person may have to repay amount where both periodic compensation payments and pension, benefit or allowance payments have been received
78. Secretary may send recovery notice to compensation payer
79. Secretary may disregard some payments
80. Consequential amendments
81. Benefit Rate Calculator A
82. Schedule 1A
83. Secretary may require notice of the happening of an event or a change in circumstances
84. Secretary may require recipient to give particular information relevant to payment of age pension
85. Amendment of section 163 of the
Social Security Act 1947 86. Further amendments
87. Repeal of section 1237 and substitution of new sections:
1236A. Application
1237. Secretary must waive whole of a debt
1237A. Secretary must waive part of a debt
88. Non-reviewable decisions
89. Schedule 7
TABLE OF PROVISIONS—
Section
90. Principal Act
91. Interpretation
92. Steps in data-matching cycle
93. Source agencies may use results of data program
94. Guidelines relating to privacy
95. Insertion of new section:
15A. Appropriation
96. Cessation of operation of Act
AMENDMENTS RELATING TO MATURE AGE ALLOWANCE AND MATURE AGE PARTNER ALLOWANCE
PART 1—AMENDMENTS OF THE SOCIAL SECURITY ACT 1991
PART 2—AMENDMENTS OF OTHER ACTS
AMENDMENTS CONSEQUENTIAL UPON DIVISION 3 OF PART 2
PART 1—AMENDMENTS OF THE SOCIAL SECURITY ACT 1991
PART 2—AMENDMENTS OF THE VETERANS’ ENTITLEMENTS ACT 1986
AMENDMENTS CONSEQUENTIAL UPON DIVISION 4 OF PART 2
AMENDMENTS CONSEQUENTIAL UPON DIVISION 6 OF PART 2
AMENDMENTS OF THE SOCIAL SECURITY ACT 1991
CONSEQUENTIAL UPON SUBDIVISION A OF
DIVISION 7 OF PART 2
AMENDMENTS CONSEQUENTIAL UPON SUBDIVISION B OF DIVISION 8 OF PART 2
MINOR TECHNICAL AMENDMENTS OF THE SOCIAL SECURITY ACT 1991
FURTHER AMENDMENTS OF THE SOCIAL SECURITY ACT 1991—NOTICE PROVISIONS
[
Assented to 24 December 1993 ]The Parliament of Australia enacts:
(a) Part 1;
(b) Division 1 of Part 2;
(c) Division 11 of Part 2;
(d) Division 1 of Part 3.
(a) Division 5 of Part 2;
(b) Subdivision A of Division 7 of Part 2;
(c) Schedule 5;
(d) Division 8 of Part 2 (except subsection 70(2));
(e) Schedule 6.
(6) Subsection 70(2) commences on 1 July 1994.
(a) Division 2 of Part 2 and Schedule 1;
(b) Division 3 of Part 2 and Schedule 2;
(c) Division 4 of Part 2 and Schedule 3;
(d) Division 6 of Part 2 and Schedule 4;
(e) section 81.
(10) Section 85 is taken to have commenced on 1 January 1988.
(3) The amendments made by Division 6 of Part 2 and Schedule 4:(a) apply to social security pensions whether granted before or after 20 March 1994; and
(b) apply to claims for social security pensions whether made before or after 20 March 1994.
(a) if the lump sum is payable because of a decision of a court or tribunal—the day on which the decision is made; or
(b) if the lump sum is payable because of settlement of a claim—the day on which the claim is settled; or
(c) in any other case—the day on which the lump sum first becomes due and payable.
(a) the payment is made on or after 1 January 1994; and
(b) the recipient claims the pension on or after 1 January 1994.
4. In this Part,“Principal Act” means theSocial Security Act 1991 1 .
5. After Part 2.12 of the Principal Act the following Part is inserted:
“
“
“660XAA. Part 2.12A deals with 2 payment types, mature age allowance and mature age partner allowance:
• Division 1 sets out the date after which claims cannot be made.
• Divisions 2, 3 and 11 are divided into Subdivisions that deal with either mature age allowance or mature age partner allowance.
• Divisions 4 to 10 and 12 also deal with both mature age allowance and mature age partner allowance. The sections in those Divisions usually apply to both allowances (eg section 660XDA). However, sometimes a section is divided into subsections dealing with only one of the allowances (eg section 660XDG).
“660XAB. A person is not to be granted a mature age allowance or mature age partner allowance unless the person’s claim for the allowance is lodged on or before 30 June 1996.
Note: For ‘proper claim’ see section 660XDB (form), section 660XDC (manner of lodgment) and section 660XDD (residence/presence in Australia).
“
“
“660XBA.(1) A person is qualified for mature age allowance if the person:
(a) has turned 60 but has not reached pension age; and
(b) satisfies the Secretary that the person is unemployed; and
(c) has been registered by the CES in an allowance category as unemployed for a continuous period of at least 12 months immediately before a claim period day; and
(d) either:
(i) has been receiving one or a combination of the following:
(A) a social security pension;
(B) a social security benefit;
(C) a service pension; or
(ii) has been a benefit increase partner;
for a continuous period of at least 12 months immediately before a claim period day; and
(e) has 10 years qualifying Australian residence; and
(f) is in Australia.
“(2) The qualifications in paragraphs (1)(c) and (1)(d) do not apply if the person has previously received mature age allowance or mature age partner allowance.
“(3) For the purposes of paragraph (1)(f), a person is taken to be in Australia if the person is temporarily absent from Australia for a period of 26 weeks or less.
“(4) In this section,
‘claim period day’ means:(a) the day on which the claim is lodged; or
(b) any other day in the period of 3 months that starts immediately after the day on which the claim is lodged.
Note 1: For ‘pension age’ see section 23.
Note 2: ‘CES’ means the Commonwealth Employment Service (see section 23).
Note 3: For ‘allowance category’ see subsection 23(4A).
Note 4: For ‘benefit increase partner’ see subsection 4(10).
Note 5: For ‘qualifying Australian residence’ see section 7.
Note 6: Exceptions to the qualification requirements in subsection (1) are set out in this Subdivision.
Note 7: A mature age allowance is not payable in certain situations even if the person is qualified (see Subdivision A of Division 3).
Note 8: A person receiving mature age allowance may be automatically transferred to the age pension if the person becomes qualified for age pension (see subsection 48(3)).
“660XBB. A person is not qualified for mature age allowance on a day if the Secretary is satisfied that:
(a) an assurance of support is in force in respect of the person (the
‘assuree’ ) on that day; and(b) the person who gave the assurance of support is willing and able to provide an adequate level of support to the assuree; and
(c) it is reasonable for the assuree to accept that support.
Note: For ‘assurance of support’ see subsection 23(1).
“660XBC. If:
(a) a person undertakes paid work on a day; and
(b) the Secretary is of the opinion that, taking into account:
(i) the nature of the work; and
(ii) the duration of the work; and
(iii) any other matters relating to the work that the Secretary considers relevant;
the work should be disregarded;
the Secretary may treat the person as being unemployed on that day.
“660XBD. A person participating in a Jobskills placement on a day is to be treated by the Secretary as being employed on that day.
Note: For ‘Jobskills’ see subsection 23(1).
“660XBE.(1) A person is not qualified for mature age allowance on a day unless the person satisfies the Secretary that the person’s unemployment on that day was not due to the person being, or having been, engaged in industrial action or in a series of industrial actions.
“(2) A person is not qualified for mature age allowance on a day unless the Secretary is satisfied:
(a) that the person’s unemployment on that day was due to other people being, or having been, engaged in industrial action or a series of industrial actions; and
(b) the people, or some of the people, were members of a trade union which was involved in the industrial action; and
(c) the person was not a member of the trade union on that day.
Note: For ‘industrial action’, ‘trade union’ and ‘unemployment’ see section 16.
“(3) Subsections (1) and (2) do not prevent a person from being qualified for a mature age allowance on a day that occurs after the relevant industrial action or series of industrial actions has stopped.
“660XBF. The Secretary may decide that a person does not have to satisfy paragraph 660XBA(1)(c) (CES registration) if:
(a) the person is not registered as unemployed by the CES as required; and
(b) the Secretary is satisfied that there were circumstances beyond the person’s control relating to the person’s failure to be registered; and
(c) having regard to those circumstances, the Secretary is satisfied that the person’s failure to be registered should be disregarded.
“660XBG. If:
(a) a person is receiving a newstart allowance; and
(b) immediately before starting to receive the newstart allowance, the person is receiving a mature age allowance; and
(c) the person claims a mature age allowance; and
(d) the person does not satisfy paragraph 660XBA(1)(c);
for the purposes of deciding if the person is qualified for mature age allowance, the person does not have to satisfy that paragraph.
Note: This section assists certain persons who transfer between mature age allowance and newstart allowance and in doing so do not continue to be registered with the CES (see also subsection 599A(1)).
“660XBH. A person is not disqualified for mature age allowance if the person is outside Australia attending a training camp as a member of:
(a) the Australian Naval Reserve; or
(b) the Naval Emergency Reserve Forces; or
(c) the Australian Army Reserve; or
(d) the Australian Air Force Reserve; or
(e) the Air Force Emergency Force; or
(f) the Army Individual Emergency Reserve.
“
“660XBI.(1) A person is qualified for mature age partner allowance if:
(a) the person is a member of a couple; and
(b) the person’s partner is receiving mature age allowance; and
(c) the person is in Australia.
“(2) For the purposes of paragraph (1)(c), a person is taken to be in Australia if the person is temporarily absent from Australia for a period of 26 weeks or less.
Note 1: For ‘member of a couple’ see section 4.
Note 2: A person is not qualified if an assurance of support is in force (see section 660XBJ).
Note 3: A person attending a training camp outside Australia as a member of Australia’s emergency or reserve armed forces may not have to be in Australia to qualify for mature age partner allowance (see section 660XBK).
Note 4: A person who is receiving mature age partner allowance may be automatically transferred to the age pension if the person becomes qualified for the age pension or to wife pension if the person becomes qualified for the wife pension (see subsections 48(3) and 152(3), respectively).
“660XBJ. A person is not qualified for mature age partner allowance on a day if the Secretary is satisfied that:
(a) an assurance of support is in force in respect of the person (the
‘assuree’ ) on that day; and(b) the person who gave the assurance of support is willing and able to provide an adequate level of support to the assuree; and
(c) it is reasonable for the assuree to accept that support.
Note: For ‘assurance of support’ see subsection 23(1).
“660XBK. A person is not disqualified for mature age partner allowance if the person is outside Australia attending a training camp as a member of:
(a) the Australian Naval Reserve; or
(b) the Naval Emergency Reserve Forces; or
(c) the Australian Army Reserve; or
(d) the Australian Air Force Reserve; or
(e) the Air Force Emergency Reserve; or
(f) the Army Individual Emergency Reserve.
“
“660XCA.(1) Even though a person is qualified for mature age allowance, the allowance may not be payable to the person because:
(a) the allowance has not commenced to be payable (see sections 660XCB and 660XCC); or
(b) the person has not provided a tax file number for the person (see section 660XCD) or the person’s partner (see section 660XCE); or
(c) another pension or benefit is being paid to the person (see section 660XCF); or
(d) the person is receiving a payment under an educational scheme or a scheme providing allowances to refugees (see section 660XCG); or
(e) the person is receiving income that is paid by a community or group from funds provided under a Commonwealth funded employment program (see section 660XCH); or
(f) the person is in gaol (see Part 3.13); or
(g) the person is subject to a compensation preclusion period (see Part 3.14).
Note: For ‘Commonwealth funded employment program’ see subsection 23(1).
“(2) Subject to subsection (3), a mature age allowance is not payable to a person if the person’s mature age allowance rate would be nil.
“(3) Subsection (2) does not apply to a person if the person’s rate would be nil merely because an advance pharmaceutical allowance has been paid to the person under:
(a) Part 2.23 of this Act; or
(b) Division 2 of Part VIIA of the Veterans’ Entitlements Act.
“660XCB. A mature age allowance is not payable to a person before the person’s provisional commencement day (identified under section 660XCC).
“660XCC.(1) Subject to subsections (2) and (3), a person’s
“(2) If:
(a) a person makes a claim (the
‘initial claim’ ) for:(i) a social security or service pension or a social security benefit; or
(ii) a pension, allowance, benefit or other payment under another Act, or under a program administered by the Commonwealth, that is similar in character to the mature age allowance; and
(b) on the day on which the person makes the initial claim the person is qualified for a mature age allowance; and
(c) the person subsequently makes a claim for a mature age allowance; and
(d) the Secretary is satisfied that it is reasonable for this subsection to apply to the person;
the person’s provisional commencement day is the day on which the person made the initial claim.
“(3) If:
(a) a person lodges a claim for a mature age allowance; and
(b) the person is not, on the day on which the claim is lodged, qualified for a mature age allowance; and
(c) the person becomes qualified for a mature age allowance sometime during the period of 3 months that starts immediately after the day on which the claim is lodged;
the person’s provisional commencement day is the first day on which the person is qualified for the allowance and is an Australian resident and in Australia.
“660XCD.(1) A mature age allowance is not payable to a person if:
(a) the person is required under section 660XDF or 660XIA to give the Secretary a written statement of the person’s tax file number; and
(b) at the end of the period of 28 days after the requirement is made, the person has neither:
(i) given the Secretary a written statement of the person’s tax file number; nor
(ii) given the Secretary a declaration by the person in a form approved by the Secretary and satisfied either subsection (2) or (3).
“(2) The person satisfies this subsection if:
(a) the person’s declaration states that the person:
(i) has a tax file number but does not know what it is; and
(ii) has asked the Commissioner of Taxation to inform the person of the person’s tax file number; and
(b) the person has given the Secretary a document by the person that authorises the Commissioner of Taxation to tell the Secretary:
(i) whether the person has a tax file number; and
(ii) if the person has a tax file number—the tax file number; and
(c) the Commissioner of Taxation has not told the Secretary that the person has no tax file number.
“(3) The person satisfies this subsection if:
(a) the person’s declaration states that an application by the person for a tax file number is pending; and
(b) the person has given the Secretary a document by the person that authorises the Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the person—the tax file number; or
(ii) if the application is refused—that the application has been refused; or
(iii) if the application is withdrawn—that the application has been withdrawn; and
(c) the Commissioner of Taxation, has not told the Secretary that an application by the person for a tax file number has been refused; and
(d) the application for a tax file number has not been withdrawn.
“660XCE.(1) Subject to subsection (4), a mature age allowance is not payable to a person if:
(a) the person is a member of a couple; and
(b) the person is required under section 660XDG or 660XIB to give the Secretary a written statement of the tax file number of the person’s partner; and
(c) at the end of the period of 28 days after the requirement is made, the person has neither:
(i) given the Secretary a written statement of the partner’s tax file number; nor
(ii) given the Secretary a declaration by the partner in a form approved by the Secretary and satisfied either subsection (2) or (3).
“(2) The person satisfies this subsection if:
(a) the partner’s declaration states that the partner:
(i) has a tax file number but does not know what it is; and
(ii) has asked the Commissioner of Taxation to inform the partner of the partner’s tax file number; and
(b) the person has given the Secretary a document by the partner that authorises the Commissioner of Taxation to tell the Secretary:
(i) whether the partner has a tax file number; and
(ii) if the partner has a tax file number—the tax file number; and
(c) the Commissioner of Taxation has not told the Secretary that the partner has no tax file number.
“(3) The person satisfies this subsection if:
(a) the partner’s declaration states that an application by the partner for a tax file number is pending; and
(b) the person has given the Secretary a document by the partner that authorises the Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the partner—the tax file number; or
(ii) if the application is refused—that the application has been refused; or
(iii) if the application is withdrawn—that the application has been withdrawn; and
(c) the Commissioner of Taxation has not told the Secretary that an application by the partner for a tax file number has been refused; and
(d) the application for a tax file number has not been withdrawn.
“(4) The Secretary may waive the requirement for a statement of the partner’s tax file number if the Secretary is satisfied that:
(a) the person does not know the partner’s tax file number; and
(b) the person can obtain none of the following from the partner:
(i) the partner’s tax file number;
(ii) a statement of the partner’s tax file number;
(iii) a declaration by the partner under subparagraph (1)(c)(ii).
“660XCF.(1) A mature age allowance is not payable to a person if the person is already receiving a service pension.
“(2) If:
(a) a person is receiving a mature age allowance; and
(b) another social security pension, a social security benefit or a service pension becomes payable to the person;
the mature age allowance is not payable to the person.
Note 1: Another payment type will generally not become payable to the person until the person claims it.
Note 2: For the day on which the mature age allowance ceases to be payable see section 660XJB.
“(3) A mature age allowance is not payable to a woman if:
(a) the woman is an armed services widow; and
(b) the woman is receiving:
(i) a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; or
(ii) a pension under the
Seamen’s War Pensions and Allowances Act 1940 at a rate determined under subsection 18(2) of that Act;
unless:
(c) the woman has been receiving a payment referred to in subparagraph (b)(i) or (ii) continuously since before 1 November 1986; and
(d) before 1 November 1986 the woman was also receiving a social security benefit.
Note 1: For ‘armed services widow’ see subsection 4(1).
Note 2: A widow receiving a payment under the Veterans’ Entitlements Act who is not covered by paragraph (b) may be paid at a lower rate (see subsection 1064(5)).
“(4) A mature age allowance is not payable to a man if:
(a) the man is an armed services widower; and
(b) the man is receiving a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act.
Note: For ‘armed services widower’ see subsection 4(1).
“660XCG.(1) If:
(a) a payment is, or may be, made in respect of a person under:
(i) a prescribed educational scheme other than the ABSTUDY Tertiary Scheme to the extent that it applies to part-time students; or
(ii) the scheme to provide an allowance known as the Maintenance Allowance for Refugees; and
(b) the payment relates to a period;
mature age allowance is not payable to the person on a pension payday that falls within the period.
Note: For ‘prescribed educational scheme’ see section 5.
“(2) If:
(a) a person may enrol in a full-time course of education; and
(b) a payment under a scheme referred to in subsection (1) may be made in respect of the person;
the Secretary may decide that, in spite of subsection (1), mature age allowance is payable to the person before the person starts the course.
“660XCH. If:
(a) a person receives, or may receive, income that is paid by a community or group from funds provided under a Commonwealth funded employment program; and
(
b ) the income is paid in respect of a period;
mature age allowance is not payable to the person on a pension payday that falls within the period.
Note: For ‘Commonwealth funded employment program’ see subsection 23(1).
“
“660XCI.(1) Even though a person is qualified for a mature age partner allowance, the allowance may not be payable to the person because:
(a) the allowance has not commenced to be payable (see sections 660XCJ and 660XCK); or
(b) the person has not provided a tax file number for the person (see section 660XCL) or the person’s partner (see section 660XCM); or
(c) another pension or benefit is being paid to the person (see section 660XCN); or
(d) a person is receiving a payment under certain educational schemes (see section 660XCO); or
(e) the person is receiving income that is paid by a community or group from funds provided under a Commonwealth funded employment program (see section 660XCP); or
(f) the person is in gaol (see Part 3.13); or
(g) the person is subject to a compensation preclusion period (see Part 3.14).
Note: For ‘Commonwealth funded employment program’ see subsection 23(1).
“(2) Subject to subsection (3), a mature age partner allowance is not payable to a person if the person’s mature age partner allowance rate would be nil.
“(3) Subsection (2) does not apply to a person if the person’s rate would be nil merely because an advance pharmaceutical allowance has been paid to the person under:
(a) Part 2.23 of this Act; or
(b) Division 2 of Part VILA, of the Veterans’ Entitlements Act.
“660XCJ. A mature age partner allowance is not payable to a person before the person’s provisional commencement day (identified under section 660XCK).
“660XCK.(1) Subject to subsections (2) and (3), a person’s
“(2) If:
(a) a person makes a claim (the
‘initial claim’ ) for:(i) a social security or service pension or a social security benefit; or
(ii) a pension, allowance, benefit or other payment under another Act, or under a program administered by the Commonwealth, that is similar in character to the mature age partner allowance; and
(b) on the day on which the person makes the initial claim, the person is qualified for a mature age partner allowance; and
(c) the person subsequently makes a claim for a mature age partner allowance; and
(d) the Secretary is satisfied that it is reasonable for this subsection to apply to the person;
the person’s provisional commencement day is the day on which the person made the initial claim.
“(3) If:
(a) a person lodges a claim for a mature age partner allowance; and
(b) the person is not, on the day on which the claim is lodged, qualified for a mature age partner allowance; and
(c) the person becomes qualified for a mature age partner allowance sometime during the period of 3 months that starts immediately after the day on which the claim is lodged;
the person’s provisional commencement day is the first day on which the person is qualified for the allowance and is an Australian resident and in Australia.
“660XCL.(1) A mature age partner allowance is not payable to a person if:
(a) the person is required under section 660XDF or 660XIA to give the Secretary a written statement of the person’s tax file number; and
(b) at the end of the period of 28 days after the requirement is made, the person has neither:
(i) given the Secretary a written statement of the person’s tax file number; nor
(ii) given the Secretary a declaration by the person in a form approved by the Secretary and satisfied either subsection (2) or (3).
“(2) The person satisfies this subsection if:
(a) the person’s declaration states that the person:
(i) has a tax file number but does not know what it is; and
(ii) has asked the Commissioner of Taxation to inform the person of the person’s tax file number; and
(b) the person has given the Secretary a document by the person that authorises the Commissioner of Taxation to tell the Secretary:
(i) whether the person has a tax file number; and
(ii) if the person has a tax file number—the tax file number; and
(c) the Commissioner of Taxation has not told the Secretary that the person has no tax file number.
“(3) The person satisfies this subsection if:
(a) the person’s declaration states that an application by the person for a tax file number is pending; and
(b) the person has given the Secretary a document by the person that authorises the Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the person—the tax file number; or
(ii) if the application is refused—that the application has been refused; or
(iii) if the application is withdrawn—that the application has been withdrawn; and
(c) the Commissioner of Taxation has not told the Secretary that an application by the person for a tax file number has been refused; and
(d) the application for a tax file number has not been withdrawn.
“660XCM.(1) Subject to subsection (4), a mature age partner allowance is not payable to a person if:
(a) the person is required under section 660XDG or 660XIB to give the Secretary a written statement of the tax file number of the person’s partner; and
(b) at the end of the period of 28 days after the requirement is made, the person has neither:
(i) given the Secretary a written statement of the partner’s tax file number; nor
(ii) given the Secretary a declaration by the partner in a form approved by the Secretary and satisfied either subsection (2) or (3).
“(2) The person satisfies this subsection if:
(a) the partner’s declaration states that the partner:
(i) has a tax file number but does not know what it is; and
(ii) has asked the Commissioner of Taxation to inform the partner of the partner’s tax file number; and
(b) the person has given the Secretary a document by the partner that authorises the Commissioner of Taxation to tell the Secretary:
(i) whether the partner has a tax file number; and
(ii) if the partner has a tax file number—the tax file number; and
(c) the Commissioner of Taxation has not told the Secretary that the partner has no tax file number.
“(3) The person satisfies this subsection if:
(a) the partner’s declaration states that an application by the partner for a tax file number is pending; and
(b) the person has given the Secretary a document by the partner that authorises the Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the partner—the tax file number; or
(ii) if the application is refused—that the application has been refused; or
(iii) if the application is withdrawn—that the application has been withdrawn; and
(c) the Commissioner of Taxation has not told the Secretary that an application by the partner for a tax file number has been refused; and
(d) the application for a tax file number has not been withdrawn.
“(4) The Secretary may waive the requirement for a statement of the partner’s tax file number if the Secretary is satisfied that:
(a) the person does not know the partner’s tax file number; and
(b) the person can obtain none of the following from the partner:
(i) the partner’s tax file number;
(ii) a statement of the partner’s tax file number;
(iii) a declaration by the partner under subparagraph (1)(c)(ii).
“660XCN.(1) A mature age partner allowance is not payable to a person if the person is already receiving a service pension.
“(2) If:
(a) a person is receiving a mature age partner allowance; and
(b) another social security pension, a social security benefit or a service pension becomes payable to the person;
the mature age partner allowance is not payable to the person.
Note 1: Another payment type will generally not become payable to the person until the person claims it.
Note 2: For the day on which the mature age partner allowance ceases to be payable see section 660XJB.
“(3) A mature age partner allowance is not payable to a person if the person is receiving:
(a) a pension under Part II or IV of the Veterans’ Entitlements Act at a rate determined under or by reference to subsection 30(1) of that Act; or
(b) a pension under the
Seamen’s War Pensions and Allowances Act 1940 at a rate determined under subsection 18(2) of that Act.
“660XCO.(1) If:
(a) a payment has been, or may be, made in respect of a person under:
(i) the AUSTUDY Scheme; or
(ii) the ABSTUDY Scheme; or
(iii) the Student Financial Supplement Scheme; and
(b) the payment relates to a period;
mature age partner allowance is not payable to the person on a pension payday that falls within the period.
“(2) If:
(a) a person may enrol in a full-time course of education; and
(b) a payment under a scheme referred to in subsection (1) may be made in respect of the person;
the Secretary may decide that, in spite of subsection (1), mature age partner allowance is payable to the person before the person starts the course.
“660XCP. If:
(a) a person receives, or may receive, income that is paid by a community or group from funds provided under a Commonwealth funded employment program; and
(b) the income is paid in respect of a period;
mature age partner allowance is not payable to the person on a pension payday that falls within the period.
Note: For ‘Commonwealth funded employment program’ see subsection 23(1).
“
“660XDA.(1) A person who wants to be granted mature age allowance or mature age partner allowance must make a proper claim for that allowance.
Note: For ‘proper claim’ see section 660XDB (form), section 660XDC (manner of lodgment) and section 660XDD (residence/presence in Australia).
“(2) For the purposes of subsection (1), if:
(a) a claim for mature age allowance or mature age partner allowance is made by or on behalf of a person; and
(b) at the time when the claim is made, the claim cannot be granted because the person is not qualified for the allowance; and
(c) the person does not become qualified for the allowance during the period of 3 months that starts immediately after the day on which the claim is lodged;
the claim is taken not to have been made.
“660XDB. To be a proper claim, a claim must be made in writing and must be in accordance with a form approved by the Secretary.
“660XDC.(1) To be a proper claim, a claim must be lodged:
(a) at an office of the Department; or
(b) at a place approved for the purpose by the Secretary; or
(c) with a person approved for the purpose by the Secretary.
“(2) A place or person approved under subsection (1) must be a place or person in Australia.
“660XDD. A claim by a person is not a proper claim unless the person is:
(a) an Australian resident; and
(b) in Australia;
on the day on which the claim is lodged.
Note: For ‘Australian resident’ see subsections 7(2) and (3).
“660XDE.(1) A claimant for mature age allowance or mature age partner allowance, or a person on behalf of a claimant, may withdraw a claim that has not been determined.
“(2) A claim that is withdrawn is taken to have not been made.
“(3) A withdrawal may be made orally or in writing.
“660XDF. If a claimant for mature age allowance or mature age partner allowance is in Australia, the Secretary may require the claimant to give the Secretary a written statement of the claimant’s tax file number.
Note 1: For the consequences of a failure to comply with the requirement see sections 660XCD and 660XCL.
Note 2: In some cases the requirement can be satisfied by giving the Secretary a declaration by the claimant about the claimant’s tax file number and an authority by the claimant to the Commissioner of Taxation to give the Secretary certain information about the claimant’s tax file number (see subsections 660XCD(2) and (3) and 660XCL(2) and (3)).
“660XDG.(1) If:
(a) a claimant for a mature age allowance is a member of a couple; and
(b) the claimant’s partner is in Australia;
the Secretary may require the claimant to give the Secretary a written statement of the tax file number of the claimant’s partner.
“(2) The Secretary may require the claimant of a mature age partner allowance to give the Secretary a written statement of the tax file number of the claimant’s partner if the partner is in Australia.
Note 1: For the consequences of a failure to comply with the requirement see sections 660XCE and 660XCM.
Note 2: In some cases the requirement can be satisfied by giving the Secretary a declaration by the partner about the partner’s tax file number and an authority by the partner to the Commissioner of Taxation to give the Secretary certain information about the partner’s tax file number (see subsections 660XCE(2) and (3) and 660XCM (2) and (3)).
Note 3: The Secretary can waive the requirement in some cases (see subsections 660XCE(4) and 660XCM(4)).
“
“660XEA. The Secretary must, in accordance with this Act, determine the claim.
“660XEB. The Secretary is to determine that the claim is to be granted if the Secretary is satisfied that:
(a) the person is qualified for a mature age allowance or mature age partner allowance; and
(b) the allowance is payable.
“660XEC.(1) Subject to subsections (2), (3) and (4), a determination under section 660XEB takes effect on the day on which the determination is made or on such later day or earlier day as is specified in the determination.
“(2) If:
(a) a decision (the
‘previous decision’ ) is made rejecting a person’s claim for a mature age allowance or mature age partner allowance; and(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.
“(3) If:
(a) a decision (the
‘previous decision’ ) is made rejecting a person’s claim for mature age allowance or mature age partner allowance; and(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the person sought the review.
“(4) If:
(a) a decision (the
‘previous decision’ ) is made rejecting a person’s claim for mature age allowance or mature age partner allowance; and(b) no notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240 for review of the previous decision; and
(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.
“
“660XFA. A person’s mature age allowance or mature age partner allowance rate is worked out by using Pension Rate Calculator A at the end of section 1064 (see Part 3.2).
“
“660XGA. A mature age allowance or mature age partner allowance becomes payable to a person on the first day on which:
(a) the person is qualified for the allowance; and
(b) no provision of this Act makes the allowance not payable to the person.
Note 1: For qualification for mature age allowance (see section 660XBA) and mature age partner allowance (see section 660XBI).
Note 2: For the circumstances in which a mature age allowance is not payable see section 660XCA.
Note 3: For the circumstances in which a mature age partner allowance is not payable see section 660XCI.
“660XGB.(1) Subject to section 660XGC, a full instalment of mature age allowance or mature age partner allowance is payable to a person on each pension payday on which:
(a) the person is qualified for the allowance; and
(b) the allowance is payable to the person.
“(2) If the person is outside Australia, the instalments referred to in subsection (1) are to be paid to the person on such pension paydays as the Secretary determines for the purposes of this subsection.
“660XGC. If:
(a) a person claims a mature age allowance or a mature age partner allowance on a particular day (the
‘claim day’ ); and(b) the person’s provisional commencement day is before the claim day; and
(c) there is a pension payday on or after the provisional commencement day and before the claim day;
then:
(d) no instalment of the allowance is payable on that payday; and
(e) a full instalment of the allowance in respect of that payday is payable on the first pension payday on or after the claim day.
Note: For ‘provisional commencement day’ see sections 660XCC and 660XCK.
“660XGD.(1) The amount of an instalment of mature age allowance or mature age partner allowance is the amount worked out by dividing the amount of the annual rate of the allowance by 26.
“(2) If the amount that is payable to a person on a pension payday is not a multiple of 10 cents, the amount is, subject to subsection (3), to be increased or decreased to the nearest multiple of 10 cents.
“(3) If the amount that is payable to a person on a pension payday is a multiple of 5 cents, the amount is to be increased by 5 cents.
“(4) If:
(a) an amount of pharmaceutical allowance is added to a person’s maximum basic rate in working out the amount of an instalment of mature age allowance or mature age partner allowance; and
(b) apart from this subsection, the amount of the instalment would be less than the person’s fortnightly PA rate;
the amount of the instalment is to be increased to the person’s fortnightly PA rate.
“(5) For the purposes of subsection (4), the person’s
fortnightly PA rate
is:
where:
“(6) If, apart from this subsection, the amount of an instalment of mature age allowance or mature age partner allowance would be less than $1.00, the amount of the instalment is to be increased to $1.00.
“660XGE.(1) Subject to subsection (3), instalments of a person’s mature age allowance or mature age partner allowance are to be paid to that person.
“(2) The Secretary may direct that the whole or part of the instalments of a person’s allowance are to be paid to someone else on behalf of the person.
“(3) If the Secretary makes a direction under subsection (2), the instalments are to be paid in accordance with the direction.
“660XGF.(1) An amount that is to be paid to a person under section 660XGE is to be paid in the manner set out in this section.
“(2) Subject to this section, the amount is to be paid to the credit of a bank account, credit union account or building society account nominated and maintained by the person.
“(3) The account may be an account that is maintained by the person either alone or jointly or in common with another person.
“(4) If the person has not nominated an account for the purposes of subsection (2), then, subject to subsections (5) and (7), the amount is not to be paid.
“(5) If:
(a) an amount has not been paid because of subsection (4); and
(b) the person nominates an account for the purposes of subsection (2);
the amount is to be paid under subsection (2).
“(6) The Secretary may direct that the whole or a part of the amount be paid to the person in a different way from that provided for by subsection (2).
“(7) If the Secretary gives a direction under subsection (6), the amount is to be paid in accordance with the direction.
“660XGG. If the Secretary is satisfied that an amount of mature age allowance or mature age partner allowance that would normally be paid on a particular day cannot reasonably be paid on that day (because, for example, it is a public holiday or a bank holiday), the Secretary may direct that the amount be paid on an earlier day.
“660XGH.(1) If:
(a) a mature age allowance or mature age partner allowance is payable to a person; and
(b) the person dies; and
(c) at the date of the person’s death the person had not received an amount of the allowance payable to him or her; and
(d) another person applies to receive that amount; and
(e) the application is made:
(i) within 6 months after the death; or
(ii) within a further period allowed by the Secretary in special circumstances;
the Secretary may pay the amount to the person who, in the Secretary’s opinion, is best entitled to it.
“(2) If the Secretary pays an amount of the allowance under subsection (1), the Commonwealth has no further liability to any person in respect of that amount of the allowance.
“
“660XHA.(1) Subject to subsections (2) and (3) and section 1359, mature age allowance and mature age partner allowance are absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.
“(2) The Secretary may make deductions from the instalments of mature age allowance or mature age partner allowance payable to a person if the recipient asks the Secretary:
(a) to make the deductions; and
(b) to pay the amounts to be deducted to the Commissioner of Taxation.
Note: The Secretary must make deductions from a person’s social security payment if requested by the Commissioner of Taxation (see section 1359).
“(3) The Secretary may make deductions from the instalments of mature age allowance or mature age partner allowance payable to a person if the recipient consents under section 1234A to the Secretary making the deductions.
Note: Section 1234A enables the Secretary to recover a debt from a person other than the debtor if the person is receiving a social security payment.
“660XHB.(1) If:
(a) a person has an account with a financial institution; and
(b) instalments of mature age allowance or mature age partner allowance payable to the person (whether on the person’s own behalf or not) are being paid to the credit of that account; and
(c) a court order in the nature of a garnishee order comes into force in respect of the account;
the court order does not apply to the saved amount (if any) in the account.
“(2) The saved amount is worked out as follows:
Work out the total amount of mature age allowance or mature age partner allowance payable to the person that has been paid to the credit of the account during the 4 week period immediately before the court order came into force. | |
Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the |
“(3) This section applies to an account whether it is maintained by a person:
(a) alone; or
(b) jointly with another person; or
(c) in common with another person.
Note: A person affected by a garnishee order may have other saved amounts if the person receives telephone allowance (see section 1061X).
“
“660XIA. If a recipient of a mature age allowance or mature age partner allowance is in Australia, the Secretary may require the recipient to give the Secretary a written statement of the recipient’s tax file number.
Note 1: For the consequences of a failure to comply with the requirement see sections 660XCD and 660XCL.
Note 2: In some cases the requirement can be satisfied by giving the Secretary a declaration by the recipient about the recipient’s tax file number and an authority by the recipient to the Commissioner of Taxation to give the Secretary certain information about the recipient’s tax file number (see subsections 660XCD (2) and (3) and 660XCL(2) and (3)).
“660XIB.(1) If:
(a) a mature age allowance recipient is a member of a couple; and
(b) the recipient’s partner is in Australia;
the Secretary may require the recipient to give the Secretary a written statement of the tax file number of the recipient’s partner.
“(2) The Secretary may require the recipient of a mature age partner allowance to give the Secretary a written statement of the tax file number of the recipient’s partner if the partner is in Australia.
Note 1: For the consequences of a failure to comply with the requirement see sections 660XCE and 660XCM.
Note 2: In some cases the requirement can be satisfied by giving the Secretary a declaration by the partner about the partner’s tax file number and an authority by the partner to the Commissioner of Taxation to give the Secretary certain information about the partner’s tax file number (see subsections 660XCE(2) and (3) and 660XCM(2) and (3)).
Note 3: The Secretary can waive the requirement in some cases (see subsections 660XCE(4) and 660XCM(4)).
“660XIC.(1) The Secretary may give a person to whom a mature age allowance or mature age partner allowance is being paid a notice that requires the person to inform the Department if:
(a) a specified event or change of circumstances occurs; or
(b) the person becomes aware that a specified event or change of circumstances is likely to occur.
“(2) An event or change of circumstances is not to be specified in a notice under subsection (1) unless the occurrence of the event or change of circumstances might affect the payment of the allowance.
“(3) Subject to subsection (4), a notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the person is to give the information to the Department; and
(d) must specify the period within which the person is to give the information to the Department; and
(e) must specify that the notice is a recipient notification notice given under this Act.
“(4) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).
“(5) The period specified under paragraph (3)(d) must end at least 14 days after:
(a) the day on which the event or change of circumstances occurs; or
(b) the day on which the person becomes aware that the event or change of circumstances is likely to occur.
“(6) If a notice requires the person to inform the Department of any proposal by the person to leave Australia, subsection (5) does not apply to that requirement.
“(7) A person must not, without reasonable excuse, refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.
Note: Subsections 4B(2) and (3) of the
Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.
Penalty: Imprisonment for 6 months.
“(8) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.
“660XID.(1) The Secretary may give a person to whom a mature age allowance or mature age partner allowance is being paid a notice that requires the person to give the Department a statement about a matter that might affect the payment of the allowance to the person.
“(2) Subject to subsection (3), a notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the statement is to be given to the Department; and
(d) must specify the period within which the person is to give the statement to the Department; and
(e) must specify that the notice is a recipient statement notice given under this Act.
“(3) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).
“(4) The period specified under paragraph (2)(d) must end at least 14 days after the day on which the notice is given.
“(5) A statement given in response to a notice under subsection (1) must be in writing and in accordance with a form approved by the Secretary.
“(6) A person must not, without reasonable excuse, refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.
Note: Subsections 4B(2) and (3) of the
Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment.
Penalty: Imprisonment for 6 months.
“(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.
“
“
“660XJA.(1) A determination that:
(a) a person’s claim for a mature age allowance or mature age partner allowance is granted; or
(b) a mature age allowance or mature age partner allowance is payable to a person;
continues in effect until:
(c) the allowance ceases to be payable under section 660XJB, 660XJC, 660XJD or 660XJE; or
(d) a further determination in relation to the allowance under section 660XJL or 660XJM has taken effect.
Note 1: For paragraph (a) see section 660XEB.
Note 2: For paragraph (b) see section 660XJO—this paragraph is relevant where the determination in question reverses an earlier cancellation or suspension.
Note 3: For paragraph (d) see also section 660XJN.
“(2) A determination of the rate of a mature age allowance or mature age partner allowance continues in effect until:
(a) the allowance becomes payable at a lower rate under section 660XJF, 660XJG or 660XJH; or
(b) a further determination in relation to the allowance under section 660XJJ or 660XJK has taken effect.
Note: For paragraph (b) see also section 660XJN.
“
“660XJB. If:
(a) a person is receiving a mature age allowance or mature age partner allowance; and
(b) another social security pension or a social security benefit or a service pension becomes payable to the person;
the allowance ceases to be payable to the person immediately before the day on which the other pension or benefit becomes payable to the person.
“660XJC. If:
(a) a person is receiving a mature age partner allowance; and
(b) a social security pension, a social security benefit or a service pension becomes payable to the person’s partner; and
(c) because the pension or benefit referred to in paragraph (b) becomes payable to the partner, a mature age allowance ceases to be payable to the partner;
the mature age partner allowance ceases to be payable to the person immediately before the day on which the pension or benefit referred to in paragraph (b) becomes payable to the partner.
“660XJD. If:
(a) a person who is receiving a mature age allowance or mature age partner allowance is given a notice under section 660XIC; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (the
‘notification period’ ); and(c) the event or change in circumstances occurs; and
(d) the person informs the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change in circumstances:
(i) the person ceases to be qualified for the allowance; or
(ii) the allowance would, but for this section, cease to be payable to the person; and
(f) the allowance is not cancelled before the end of the notification period;
the allowance continues to be payable to the person until the end of the notification period and then ceases to be payable to the person.
Note: If the person informs the Department, within the notification period, of an event or change in circumstances that reduces the rate of the person’s allowance, there is no automatic rate reduction and a determination under section 660XJK must be made in order to bring the rate reduction into effect.
“660XJE. If:
(a) a person who is receiving a mature age allowance or mature age partner allowance is given a notice under section 660XIC; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (the
‘notification period’ ); and(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or the change in circumstances:
(i) the person ceases to be qualified for the allowance; or
(ii) the allowance ceases to be payable to the person;
the allowance ceases to be payable to the person immediately after the day on which the event or change in circumstances occurs.
“
“660XJF. If:
(a) a person is receiving a mature age allowance; and
(b) the person’s partner starts to receive:
(i) a social security pension or benefit; or
(ii) a service pension; and
(c) the person’s mature age allowance rate is reduced because of the partner’s receipt of that pension or benefit;
the allowance becomes payable to the person at the reduced rate on the day on which the partner starts to receive that pension or benefit.
“660XJG. If:
(a) a person who is receiving a mature age allowance or mature age partner allowance is given a notice under section 660XIC; and
(b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (the
‘notification period’ ); and(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change in circumstances, the person’s rate of allowance is to be reduced;
the allowance becomes payable to the person at the reduced rate immediately after the day on which the event or change in circumstances occurs.
“660XJH. If:
(a) a person who is receiving a mature age allowance or mature age partner allowance is given a notice under section 660XIC; and
(b) the notice requires the person to inform the Department of income for remunerative work undertaken by the person; and
(c) the person fails to notify the Department of income of that kind in accordance with the notice; and
(d) the person has an earnings credit account balance for the purposes of Division 4 of Part 3.10;
the allowance becomes payable to the person at the reduced rate from the first pension payday after the day on which the person’s earnings credit account balance is reduced to nil.
“660XJI. If:
(a) a person is receiving a mature age allowance or mature age partner allowance on the basis of data in a computer; and
(b) the allowance is automatically terminated or the allowance rate is automatically reduced by the operation of a provision of this Act; and
(c) the automatic termination or reduction is given effect to by the operation of a computer program approved by the Secretary stopping payment or reducing the rate of payment of the allowance;
there is taken to be a decision by the Secretary that the automatic termination or rate reduction provision applies to the person’s allowance.
Note: The decision that is taken to have been made is a decision of an officer for the purposes of review by the Secretary (see sections 1239 and 1240) and the Social Security Appeals Tribunal (see section 1247).
“
“660XJJ. If the Secretary is satisfied that the rate at which a mature age allowance or mature age partner allowance is being, or has been, paid is less than the rate provided for by this Act, the Secretary is to determine that the rate is to be increased to the rate specified in the determination.
Note: For the date of effect of a determination under this section see section 660XJP.
“660XJK. If the Secretary is satisfied that the rate at which a mature age allowance or mature age partner allowance is being, or has been, paid is more than the rate provided for by this Act, the Secretary is to determine that the rate is to be reduced to the rate specified in the determination.
Note 1: A determination under this section is not necessary in a case where an automatic rate reduction is produced by section 660XJG or 660XJH (see subsection 660XJA(2)).
Note 2: For the date of effect of a determination under this section see section 660XJQ.
“660XJL. If the Secretary is satisfied that a mature age allowance or mature age partner allowance is being, or has been, paid to a person to whom it is not, or was not, payable under this Act, the Secretary is to determine that the allowance is to be cancelled or suspended.
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6. | Partnered and partner: | $3,120.00 | $120.00 |
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7. | Partnered and partner: | $3,120.00 | $120.00 |
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8. | Member of illness separated couple | $1,560.00 | $60.00 |
9. | Member of respite care couple | $1,560.00 | $60.00 |
10. | Member of temporarily separated couple | $1,560.00 | $60.00 |
11. | Partner (partner in gaol) | $1,560.00 | $60.00 |
Note 1: For ‘member of couple’, ‘partnered’, ‘illness separated couple’, ‘respite care couple’, ‘temporarily separated couple’ and ‘partnered (partner in gaol)’ see section 4.”.
Omit the Table and Note 1, substitute:
“
TABLE EBA | |||
RENT THRESHOLD RATES | |||
column 1 | column 2 | column 3 | column 4 |
item | person’s family situation | amount per year | amount per fortnight |
1. | Not member of couple and in disability accommodation | $1,560.00 | $60.00 |
2. | Not member of couple and living permanently or indefinitely away from the person’s parental home | $1,560.00 | $60.00 |
3. | Partnered—partner does not have rent increased pension | $2,600.00 | $100.00 |
4. | Partnered and partner: | $2,600.00 | $100.00 |
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5. | Partnered and partner: | $2,600.00 | $100.00 |
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6. | Partnered and partner: | $3,120.00 | $120.00 |
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7. | Partnered and partner: | $3,120.00 | $120.00 |
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8. | Member of illness separated couple | $1,560.00 | $60.00 |
9. | Member of respite care couple | $1,560.00 | $60.00 |
10. | Member of temporarily separated couple | $1,560.00 | $60.00 |
11. | Partnered (partner in gaol) | $1,560.00 | $60.00 |
Note 1: For ‘member of couple’, ‘partnered’, ‘illness separated couple’, ‘respite care couple’, ‘temporarily separated couple’ and ‘partnered (partner in gaol)’ see section 4.”.
Omit the Table (but not the Notes), substitute:
“
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TABLE EA—continued | |||
| Member of respite care couple | 4 | $1,747.20 |
| Member of temporarily separated couple | 4 | $1,643.20 |
| Partnered (partner in gaol) | 4 | $1,747.20 |
After Note 1A, insert:
“Note 1B: For ‘independent young person’ and ‘homeless person’ see section 5.”.
Omit the Table (including the Notes), substitute:
PHARMACEUTICAL ALLOWANCE AMOUNT TABLE | ||
column 1 | column 2 | column 3 |
item | person’s family situation | amount per fortnight |
| Not member of couple | $5.20 |
| Partnered—person’s rate not increased for partner under Module C | $2.60 |
| Partnered—person’s rate increased for partner under Module C | $5.20 |
| Member of illness separated couple | $5.20 |
| Member of respite care couple | $5.20 |
| Partnered (partner getting service pension) | $2.60 |
| Partnered (partner in gaol) | $5.20 |
Note 1: For ‘member of couple’, ‘partnered’, ‘illness separated couple’, ‘respite care couple’ and ‘partnered (partner in gaol)’ see section 4.
Note 2: The amounts in column 3 are indexed or adjusted annually in line with CPI increases (see sections 1191 to 1194 and 1206A).”.
Omit the Table (but not the Notes), substitute:
TABLE FA | ||
RENT THRESHOLD RATES | ||
column 1 | column 2 | column 3 |
item | person’s family situation | amount per fortnight |
| Not member of couple and either an independent young person or a homeless person | $60.00 |
| Partnered—partner does not have rent increased benefit | $100.00 |
| Partnered—partner has rent increased benefit | $100.00 |
| Partnered—member of illness separated couple where person’s rate is increased for partner under Module C | $120.00 |
| Partnered—member of illness separated couple where person’s rate is not increased for partner under Module C | $60.00 |
| Partnered—member of respite care couple where person’s rate is increased for partner under Module C | $120.00 |
| Partnered—member of respite care couple where person’s rate is not increased for partner under Module C | $60.00 |
| Partnered—member of temporarily separated couple where person’s rate is increased for partner under Module C | $120.00 |
| Partnered—member of temporarily separated couple where person’s rate is not increased for partner under Module C | $60.00 |
| Partnered (partner in gaol) | $60.00 |
After Note 1, insert:
“Note 1A: For ‘independent young person’ and ‘homeless person’ see section 5.”.
Omit the Table (but not the Notes), substitute:
“
TABLE F | |||
RATE OF RENT ASSISTANCE | |||
column 1 | column 2 | column 3 | column 4 |
item | person’s family situation | Rate A | Rate B |
1. | Not member of couple and either independent young person or homeless person | 4 | $67.20 |
2. | Partnered—partner does not have rent increased benefit | 4 | $63.20 |
3. | Partnered—partner has rent | 8 | $31.60 |
increased benefit | |||
4. | Partnered—member of illness separated couple where person’s rate is increased for partner under Module C | 2 | $134.40 |
5. | Partnered—member of illness separated couple where person’s rate is not increased for partner under Module C | 4 | $67.20 |
6. | Partnered—member of respite care couple where person’s rate is increased for partner under Module C | 4 | $134.40 |
7. | Partnered—member of respite care couple where person’s rate is not increased for partner under Module C | 4 | $67.20 |
8. | Partnered—member of temporarily separated couple where person’s rate is increased for partner under Module C | 2 | $126.40 |
9. | Partnered—member of temporarily separated couple where person’s rate is not increased for partner under Module C | 4 | $63.20 |
10. | Partnered (partner in gaol) | 4 | $67.20 |
”.
Omit the Note, substitute:
“Note 1: For ‘partnered’, ‘illness separated couple’, ‘respite care couple’, ‘temporarily separated couple’ and ‘partnered (partner in gaol)’ see section 4.
Note 1A: For ‘independent young person’ and ‘homeless person’ see section 5.”.
Omit the Table (including the Notes), substitute:
“
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Note 1: For ‘member of couple’, ‘partnered’, ‘illness separated couple’, ‘respite care couple’ and ‘partnered (partner in gaol)’ see section 4.
Note 2: The amounts in column 3 are indexed or adjusted annually in line with CPI increases (see sections 1191 to 1194 and 1206A).”.
Omit the Table (but not the Notes), substitute:
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”.
Omit the Table (but not the Notes), substitute:
“
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”.
Omit the Note, substitute:
“Note l: For ‘member of couple’, ‘partnered’, ‘illness separated couple’, ‘respite care couple’ ‘temporarily separated couple’ and ‘partnered (partner in gaol)’ see section 4.”.
Omit, substitute:
“
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”.
Omit “item 3” (wherever occurring), substitute “items 3 and 4”.
Omit “item 3” (wherever occurring), substitute “items 4 and 5”.
Omit “item 4” (wherever occurring), substitute “item 5”.
After item 49B, insert:
49C. | Rate of pharmaceutical allowance for a person: | Pension PA ‘partnered’ (item 6) rate | [Pension Rate Calculator A—point 1064-C8—Table—column 3—item 6] |
| |||
| [Pension Rate Calculator B—point 1065-C8—Table—column 3—item 6] | ||
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[Pension Rate Calculator D—point 1066A-D8—Table—column 3—item 6] | |||
[Pension Rate Calculator E—point 1066B-D8—Table—column 3—item 6] | |||
49D. | Rate of pharmaceutical allowance for a person: | Benefit PA ‘partnered’ (item 7) rate | [Benefit Rate Calculator A—point 1067-D9—Table—column 3—item 7] |
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| [Benefit Rate Calculator B—point 1068-D10—Table—column 3—item 7] | ||
|
”.
Omit “item 4”, substitute “item 5”.
Omit “item 4”, substitute “item 5”.
Insert:
“and (c) the pension PA ‘partnered’ (item 6) rate;”.
Insert:
“(aa) the benefit ‘partnered’ (item 6) rate; and”.
SCHEDULE 8 Section 86
FURTHER AMENDMENTS OF THE SOCIAL SECURITY ACT
1991—NOTICE PROVISIONS
Omit “A notice”, substitute “Subject to subsection (3A), a notice”.
Insert:
“(3A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (2A), a notice”.
Insert:
“(2A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (3A), a notice”.
Insert:
“(3A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (2A), a notice”.
Insert:
“(2A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (3A), a notice”.
Insert:
“(3A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (2A), a notice”.
Insert:
“(2A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (3A), a notice”.
Insert:
“(3A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (2A), a notice”.
Insert:
“(2A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (3A), a notice”.
Insert:
“(3A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (2A), a notice”.
Insert:
“(2A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (3A), a notice”.
Insert:
“(3A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (2A), a notice”.
Insert:
“(2A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (3A), a notice”.
Insert:
“(3A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (2A), a notice”.
Insert:
“(2A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (3A), a notice”.
Insert:
“(3A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (2A), a notice”.
Insert:
“(2A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (3A), a notice”.
Insert:
“(3A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (2A), a notice”.
Insert:
“(2A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (3A), a notice”.
Insert:
“(3A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (2A), a notice”.
Insert:
“(2A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (3A), a notice”.
Insert:
“(3A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (2A), a notice”.
Insert:
“(2A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (3A), a notice”.
Insert:
“(3A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (2A), a notice”.
Insert:
“(2A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (3A), a notice”.
Insert:
“(3A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (2A), a notice”.
Insert:
“(2A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (3A), a notice”.
Insert:
“(3A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (2A), a notice”.
Insert:
“(2A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (3A), a notice”.
Insert:
“(3A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (2A), a notice”.
Insert:
“(2A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (3A), a notice”.
Insert:
“(3A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (2A), a notice”.
Insert:
“(2A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (3A), a notice”.
Insert:
“(3A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (2A), a notice”.
Insert:
“(2A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (3A), a notice”.
Insert:
“(3A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (2A), a notice”.
Insert:
“(2A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (3A), a notice”.
Insert:
“(3A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (2A), a notice”.
Insert:
“(2A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (3A), a notice”.
Insert:
“(3A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (2A), a notice”.
Insert:
“(2A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (3A), a notice”.
Insert:
“(3A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (2A), a notice”.
Insert:
“(2A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (3A), a notice”.
Insert:
“(3A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (3)(c) or (e).”.
Omit “A notice”, substitute “Subject to subsection (2A), a notice”.
Insert:
“(2A) A notice under subsection (1) is not invalid merely because it fails to comply with paragraph (2)(c) or (e).”.
1. No. 46, 1991, as amended. For previous amendments, see Nos. 68, 69, 70, 73, 74, 115, 116, 141, 175, 194 and 208, 1991;Nos. 12, 69, 81, 94, 118, 133, 134, 138, 228, 229, 230 and 241, 1992; and Nos. 20, 24, 25, 36 and 61, 1993.
2. No. 20, 1991, as amended. For previous amendments, see Nos. 115, 175 and 194, 1991; and Nos. 81, 138, 205 and 229, 1992.
NOTE ABOUT SECTION HEADING IN THE SOCIAL SECURITY ACT 1991
1. On 20 March 1994, the heading to section 16 of the Principal Act is omitted and the following heading is substituted:
“Industrial action definitions”.
[
House of Representatives on 29 September 1993
Senate on 20 October 1993
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