Social Security (Disability and Sickness Support) Amendment Act 1991 (Cth)

Social Security (Disability and Sickness

Support) Amendment Act 1991

No. 141 of 1991

TABLE OF PROVISIONS

PART 1—INTRODUCTORY
Section
1.	Short title etc.
2.	Commencement
PART 2—AMENDMENTS RELATING TO INVALID PENSION
3.	General definitions
4.	Insertion of new section:
28a. Approval of programs of assistance
5.	Insertion of new section:
791a. Claimant must be under pension age
6.	Grant of pension or allowance when person is outside Australia
7.	Some pensions generally portable without time limit
8.	Insertion of new section:
1213a. Portability of invalid pension
General
Pensions granted on or after 1 July 1991 to persons not severely disabled
Pensions granted on or after 1 July 1991 to persons severely disabled
Departure certificates and short residence

TABLE OF PROVISIONS—continued

Section
PART 3—AMENDMENTS RELATING TO DISABILITY SUPPORT PENSION AND SICKNESS ALLOWANCE
9.	General definitions
10.	Repeal and substitution of new Part:
PART 2.3—DISABILITY SUPPORT PENSION
Division 1—Qualification for and payability of disability support pension
Subdivision A—Qualification
94. Qualification for disability support pension—continuing inability to work
Meaning of continuing inability
Person not qualified in certain circumstances
95. Qualification for disability support pension—permanent blindness
Person not qualified in certain circumstances
96. Refusal to attend interview etc. may lead to disqualification
97. Departure certificate requirements apply
Subdivision B—Payability
98. Disability support pension not payable in some circumstances
99. Disability support pension generally not payable before claim or end of waiting period
100. Provisional commencement day
General rule
Initial incorrect claim followed by a claim for disability support
pension
Early claim
Claim resulting from a major disaster
101. Provision of person’s tax file number
102. Provision of partner’s tax file number
103. Multiple entitlement exclusion
104. Rehabilitation and assistance programs
105. Refusal to attend interview etc.
Division 2—Claim for disability support pension
106. Need for a claim
107. Form of claim
108. Lodgment of claim
109. Claimant must be under pension age
110. Claimant must be Australian resident and in Australia
111. Secretary may require claimant to give statement of claimant’s tax file number
112. Secretary may require claimant to give statement of partner’s tax file number
Division 3—Determination of claim
113. Secretary to determine claim
114. Grant of claim
115. Date of effect of determination
Notified decision—review sought within 3 months
Notified decision—review sought after 3 months
Decision not notified
Division 4—Medical examination following claim
116. Examination by medical practitioner

TABLE OF PROVISIONS—continued

Section	Division 5—Rate of disability support pension
117. How to work out a person’s disability support pension rate
Division 6—Payment of disability support pension
118. Commencement of disability support pension
119. Payment by instalments
120. Effect on instalments of backdating claim
121. Calculation of amount of instalment
122. Inmates of benevolent homes
123. Payment to person
124. Nominee payments
125. Payment into bank account etc.
126. Where pension payday would fall on public holiday etc.
127. Payment of pension after death
Division 7—Protection of disability support pension
128. Disability support pension to be absolutely inalienable
Payments to Commissioner of Taxation at recipient’s request
129. Effect of garnishee or attachment order
Division 8—Recipient obligations
130. Secretary may require recipient to give statement of recipient’s tax file number
131. Secretary may require recipient to give statement of partner’s tax file number
132. Secretary may require notice of the happening of an event or a change in circumstances
133. Secretary may require recipient to give particular information relevant to payment of disability support pension
134. Self incrimination
Division 9—Continuation, variation and termination
Subdivision A—General
135. Continuing effect of determination
Entitlement determination
Rate determination
Subdivision B—Automatic termination
136. Automatic termination—transfer to new payment type
137. Automatic termination—recipient complying with section 132 notification obligations
138. Automatic termination—recipient not complying with section 132 notification obligations
139. Suspension may occur instead of automatic termination in some circumstances
140. Suspension may be taken to have occurred
Subdivision C—Automatic rate reduction
141. Automatic rate reduction—partner starting to receive pension or benefit
142. Automatic rate reduction—recipient not complying with section 132 notification obligations
143. Automatic rate reduction—failure to inform Department of payment for remunerative work where earnings credit account balance available

TABLE OF PROVISIONS—continued

Section
Subdivision D—Determinations
144. Rate increase determination
145. Rate reduction determination
146. Cancellation or suspension determination
146a. Cancellation or suspension for failure to comply with section 132, 1304 or 1305 notice
146b. Changes to payments by computer
146c. Resumption of payment after cancellation or suspension
Subdivision E—Dale of effect of determinations
146d. Date of effect of favourable determination
Notified decision—review sought within 3 months
Notified decision—review sought after 3 months
Decision not notified
Notified change of circumstances
Prescribed student child determination
Other determinations
146e. Date of effect of adverse determination
General
Contravention of Act
False statement or misrepresentation—suspension or cancellation.
False statement or misrepresentation—rate reduction
Division 10—Bereavement payments
Subdivision A—Death of pensioner partner
146f. Qualification for payments under this Subdivision
146g. Continued payment of partner’s pension or allowance
146h. Lump sum payable in some circumstances
146j. Adjustment of person’s disability support pension rate
146k. Effect of death of person entitled to payments under this Subdivision
146l. Matters affecting payment of benefits under this Subdivision
Subdivision B—Death of dependent child
146m. Bereavement payments on death of dependent child
146n. Continued payment of child-related amounts
146p. Lump sum payable in some circumstances
Subdivision C—Death of recipient
146q. Death of recipient
Division 11—Fringe benefits
146r. Fringe benefits
146s. Qualification for fringe benefits
146t. 12 month extension of fringe benefits—person ceasing to be on disability support pension because of employment
146u. 12 month extension of fringe benefits—person failing income test because of employment income
11.	Qualification for wife pension
12.	Insertion of new sections:
664c. Disability support pension recipients
664d. Amount of section 664c payment
13.	Repeal of Parts 2.9 and 2.10
14.	Repeal and substitution of new Part:

TABLE OF PROVISIONS—continued

Section	PART 2.14—SICKNESS ALLOWANCE
Division 1—Qualification for and payability of sickness allowance
Subdivision A—Basic qualification
666. Qualification for sickness allowance
Work
Person cannot qualify for sickness allowance in respect of same medical condition within 2 years
Person receiving job search allowance or newstart allowance immediately before qualifying for sickness allowance
Person not qualified in certain circumstances
667. Person undertaking rehabilitation program may qualify for sickness allowance
Person not qualified in certain circumstances
668. Refusal to attend interview etc. may lead to disqualification
669. Time limit on qualification for sickness allowance
Secretary may extend maximum allowance period
670. Person ceases to be qualified for sickness allowance after one year
671. Certain extensions at end of 52nd week
672. Where Secretary makes determination, person ceases to be qualified after 2 years
673. Special case—person undertaking rehabilitation program
674. Temporary absence from Australia
675. Loss of income
676. Liquid assets test waiting period
Subdivision B—Situations where allowance not payable (general)
677. Sickness allowance not payable in certain circumstances
678. Provision of tax file number
679. Provision of partner’s tax file number
680. Assets test—allowance not payable if assets value limit exceeded
681. Value of assets of members of couples
682. Person previously receiving job search allowance (under 18)
683. Person previously receiving job search allowance (18 or over)
684. Person previously receiving newstart allowance
685. Full-time students
686. Multiple entitlement exclusion
687. Provisional commencement day
Claim resulting from a major disaster
688. Commencement of sickness allowance
Claim within 5 weeks of incapacity and no waiting period applying
Claim within 5 weeks of incapacity and ordinary waiting period applying
Claim within 5 weeks of incapacity and unused annual leave waiting period applying
Claim more than 5 weeks after incapacity and delay due to incapacity
Claim more than 5 weeks after incapacity and delay not due to incapacity
689. Initial incorrect claim followed by claim for sickness allowance
Subdivision C—Situations where allowance not payable (wailing periods)
690. Unused annual leave waiting period
691. Notional leave period
692. Duration of unused annual leave waiting period
693. Ordinary waiting period
694. Duration of ordinary waiting period
No unused annual leave waiting period
Unused annual leave waiting period

TABLE OF PROVISIONS—continued

Section

695. Education leavers waiting period

Persons subject to waiting period

No education leavers waiting period in some cases where already served

696. Duration of education leavers waiting period

General rule

Change of status in first 6 weeks

Change of status after 6 weeks

Notification required

Reduction of waiting period for periods of special benefit and employment

Reduction of education leavers waiting period where already partially served

6 month ceiling

Subdivision D—Situations where allowance not payable (recipient non-compliance)

697. Rehabilitation programs

698. Refusal to attend interview etc.

Division 2—Claim for sickness allowance

699. Need for a claim

700. Form of claim

701. Lodgment of claim

702. Claimant must be Australian resident and in Australia

703. Temporary absence from Australia

704. Medical certificate to accompany claim

705. Secretary may require claimant to give statement of partner’s tax file number

Division 3—Determination of claim

706. Secretary to determine claim

707. Grant of claim

708. Date of effect of determination

Notified decision—review sought within 3 months

Notified decision—review sought after 3 months

Decision not notified

Division 4—Rate of sickness allowance

709. How to work out a person’s sickness allowance rate

710. Limitation on rate—loss of salary, wages or income

General rule

Loss of salary, wages or income includes NEIS and FAS payments

Payment to a substitute

711. Limitation on rate—loss of job search or newstart allowance qualification

712. Limitation on rate—transferee

Partner getting wife or carer pension

Other transferee cases

713. Sickness allowance recipient may ask Secretary to change appropriate tax year

714. Rate of persons receiving sickness allowance with rent assistance since before 1 July 1987

TABLE OF PROVISIONS—continued

Section	Division 5—Payment of sickness allowance
715. Commencement of sickness allowance
716. Instalments
717. Instalments for period less than a fortnight
718. Rounding off instalment
719. Payment to person
720. Nominee payments
721. Payment into bank account etc.
722. Where allowance payday would fall on public holiday etc.
723. Payment of allowance after death
Division 6—Protection of sickness allowance
724. Sickness allowance to be absolutely inalienable
Payments to Commissioner of Taxation at recipient’s request
725. Effect of garnishee or attachment order
Division 7—Recipient obligations
726. Secretary may require recipient to give statement of partner’s tax file number
727. Secretary may require notice of the happening of an event or a change in circumstances
728. Secretary may require recipient to give particular information relevant to payment of sickness allowance
728a. Self incrimination
Division 8—Continuation, variation and termination
Subdivision A—General
728b. Continuing effect of determination
Entitlement determination
Rate determination
Subdivision B—Automatic termination
728c. Automatic termination when maximum allowance period ends
728d. Automatic termination—transfer to new payment type
728e. Automatic termination—recipient complying with section 727 notification obligations
728f. Automatic termination—recipient not complying with section 727 notification obligations
Subdivision C—Automatic rate reduction
728g. Automatic rate reduction—partner starting to receive pension or benefit
728h. Automatic rate reduction—recipient not complying with section 727 notification obligations
Subdivision D—Determinations
728j. Rate increase determination
728k. Rate reduction determination
728l. Cancellation or suspension determination
728m. Cancellation or suspension for failure to comply with section 727, 1304 or 1305 notice
728n. Changes to payments by computer
728p. Resumption of payment after cancellation or suspension

TABLE OF PROVISIONS—continued

Section	Subdivision E—Date of effect of determinations
728q. Date of effect of favourable determination
Notified decision—review sought within 3 months
Notified decision—review sought after 3 months
Decision not notified
Notified change of circumstances
Prescribed student child determination
Other determinations
728r. Date of effect of adverse determination
General
Contravention of Act
False statement or misrepresentation—suspension or cancellation
False statement or misrepresentation—rate reduction
Division 9—Bereavement payments
Subdivision A—Death of dependent child
728s. Bereavement payments on death of dependent child
728t. Continued payment of child-related amounts
728u. Lump sum payable in some circumstances
Subdivision B—Death of recipient
728v. Death of recipient
15.	Qualification for mobility allowance
16.	Rate of mobility allowance
17.	Effect on mobility allowance when person ceases to be qualified
18.	Rate of age, disability support (over 20), wife and carer pensions (people who are not blind)
19.	Rate of age and disability support (over 20) pensions (blind people)
20.	Insertion of new Parts:
PART 3.4a—PENSION RATE CALCULATOR D
1066a. Rate of disabilitv support pension (people under 21 who are not blind)
PART 3.4b—PENSION RATE CALCULATOR E
1066b. Rate of disability support pension (people under 21 who are blind)
21.	Insertion of new sections:
1198a. Adjustment of disability support pension (under 21 and child) MBRs
1198b. Adjustment of disability support pension (under 21 and no child) MBRs
1198c. Adjustment of youth disability supplement
22.	Application of income and assets test reductions and of compensation reductions for income tax purposes
23.	Schedule 1a—Savings and transitional provisions
24.	Consequential amendments
25.	Insertion of Schedule of Impairment Tables
PART 4—AMENDMENT OF THE HEALTH INSURANCE ACT 1973
26.	Principal Act
27.	Insertion of new section:
4ca. Disadvantaged persons, being children attracting child disability allowance

TABLE OF PROVISIONS—continued

SCHEDULE 1

CONSEQUENTIAL AMENDMENTS

SCHEDULE 2

NEW SCHEDULE 1b TO THE SOCIAL SECURITY ACT 1991

Social Security (Disability and Sickness Support) Amendment Act 1991

No. 141 of 1991

An Act to amend the Social Security Act 1991 in relation to disability and sickness support, and for related purposes

[Assented to 9 October 1991]

The Parliament of Australia enacts:

PART 1—INTRODUCTORY

Short title etc.

1.(1) This Act may be cited as the Social Security (Disability and Sickness Support) Amendment Act 1991.

(2) In this Act, “Principal Act” means the Social Security Act 19911.

Commencement

2.(1) Part 1 commences on the day on which this Act receives the Royal Assent.

(2) The remaining provisions of this Act commence on 12 November 1991.

PART 2—AMENDMENTS RELATING TO INVALID PENSION

General definitions

3. Section 23 of the Principal Act is amended:
(a) by inserting in subsection (1) the following definitions:
“ ‘physical impairment” includes sensory impairment;
‘program of assistance’ means:
(a)
a program approved under section 28a; or
(b)
a program offered as part of the competitive employment training and placement services as defined by section 7 of the Disability Services Act 1986;”;
(b) by inserting after subsection (4a) the following subsection:
“(4b) For the purposes of this Act, a person is severely disabled if:
(a) a physical impairment, a psychiatric impairment, an intellectual impairment, or 2 or all of such impairments, of the person make the person, without taking into account any other factor, totally unable:
(i) to work for at least the next 2 years; and
(ii) unable to benefit within the next 2 years from participation in a program of assistance or a rehabilitation program; or
(b) the person is permanently blind.”.

4. After section 28 of the Principal Act the following section is inserted:

Approval of programs of assistance

“28a. The Secretary of the Department of Employment, Education and Training may, by writing, approve:

(a)
a course of vocational training; or
(b)
a labour market program; or
(c)
another course or program;

(other than a rehabilitation program) as a program of assistance for the purposes of this Act.”.

5. After section 791 of the Principal Act, the following section is inserted in Division 2 of Part 2.16 of Chapter 2:

Claimant must be under pension age

“791a. A claim by a person for special needs disability support pension is not a proper claim unless the person is under the pension age on the day on which the claim is lodged.

Note: the pension age is 65 for a man and 60 for a woman.”.

Grant of pension or allowance when person is outside Australia

6.(1) Section 1212 of the Principal Act is amended:
(a) by omitting subparagraph (3) (c) (ii) and substituting the following subparagraph:
“(ii) if the person is severely disabled—a disability support pension; or”;
(b) by inserting after subsection (3) the following subsection:
“(4) If a person who has been granted a disability support pension under subsection (3) ceases to be severely disabled, the person ceases to be qualified for that pension.”;
(c) by adding at the end the following Notes:
“Note 4: for ‘severely disabled’ see subsection 23 (4b).
Note 5: subparagraph (3) (c) (ii) and subsection (4) do not affect disability support pensions granted to a person before 12 November 1991—see subsection 9 (2) of the Social Security (Disability and Sickness Support) Amendment Act 1991.”.

(2) If, on 11 November 1991 a person was receiving an invalid pension granted:

(a)
while the person was outside Australia; and
(b)
on another pension or allowance being cancelled or ceasing to be payable;

section 1212 of the Principal Act as in force before the amendments made by subsection (1) continues to apply in relation to that person.

Some pensions generally portable without time limit

Section 1213 of the Principal Act is amended by omitting paragraph (1) (b).

After section 1213 of the Principal Act, the following section is inserted:

Portability of invalid pension

General

“1213a. (1) Subject to subsections (2) and (3), a person’s right to continue to be paid invalid pension is not affected by the person’s leaving Australia.

Pensions granted on or after 12 November 1991 to persons not severely disabled

“(2) If:

(a)
a person is receiving a disability support pension granted on or after 12 November 1991; and
(b)
the person leaves Australia on or after that day; and

(c)
the Secretary decides that the person is not severely disabled when leaving; and
(d)
the person continues to be absent from Australia for a period of 12 months;

the person ceases to be qualified for disability support pension on the day after the 12 month period ends.

Pensions granted on or after 12 November 1991 to persons severely disabled

“(3) If:
(a)
a person is receiving a disability support pension granted on or after 12 November 1991; and
(b)
the person leaves Australia on or after that day; and
(c)
the person is severely disabled when leaving; and
(d)
the Secretary decides that the person has ceased to be severely disabled; and
(e)
the person continues to be absent from Australia for a period of 12 months after the decision;

the person ceases to be qualified for disability support pension on the day after the 12 month period ends.

Departure certificates and short residence

“(4) Subsection (1) has effect subject to:
(a)
sections 1218 and 1219 (departure certificates); and
(b)
section 1220 (claim based on short residence).

Note: for ‘severely disabled’ see subsection 23 (4b).”.

PART 3—AMENDMENTS RELATING TO DISABILITY SUPPORT PENSION AND SICKNESS ALLOWANCE

General definitions

9. Section 23 of the Principal Act is amended:
(a) by inserting in subsection (1) the following definition:
“ ‘Impairment Tables’ means the Tables in Schedule 1b;”;
(b) by inserting after subsection (4b) the following subsections:
“(4c) For the purposes of this Act, a person is in disability accommodation if:
(a) the person:
(i) is in accommodation for people with disabilities; or
(ii) is:
(a) in accommodation that is not the principal

home of the parents or a parent of the person; and
(b) receiving accommodation support services for people with disabilities; and
(b) the accommodation, or services, for people with disabilities are funded wholly or partly by the Commonwealth, a State or a Territory.
“(4d) For the purposes of this Act, a person is living away from the person’s parental home if the person is living away from:
(a)
where the person’s parents have the same principal home—that home; or
(b)
where the person has only one parent—the principal home of that parent; or
(c)
where the person’s parents have different principal homes—all of those homes.”.

10. Part 2.3 of the Principal Act is repealed and the following Part is substituted:

“PART 2.3—DISABILITY SUPPORT PENSION

“Division 1—Qualification for and payability of disability support pension

“Subdivision A—Qualification

Qualification for disability support pension—continuing inability to work

“94. (1) A person is qualified for disability support pension if:
(a)
the person has a physical, intellectual or psychiatric impairment; and
(b)
the person’s impairment is of 20% or more under the Impairment Tables; and
(c)
the person has a continuing inability to work; and
(d)
the person has turned 16; and
(e)
the person either:
(i) is an Australian resident at the time when the person first satisfies paragraphs (a), (b) and (c); or
(ii) has 10 years qualifying Australian residence; or
(iii) is born outside Australia and, at the time when the person first satisfies paragraphs (a), (b) and (c) the person:
(a) is not an Australian resident; and
(b) is a dependent child of an Australian resident;

and the person becomes an Australian resident while a dependent child of an Australian resident.

Note 1: for ‘Australian resident’ and ‘qualifying Australian residence’ see section 7.

Note 2: for Impairment Tables see section 7a.

Meaning of continuing inability

“(2) A person has a continuing inability to work if the Secretary is satisfied that:

(a) the person’s impairment is of itself sufficient to prevent the person from doing:
(i) the person’s usual work; and
(ii) work for which the person is currently skilled;
for at least 2 years; and
(b) either:
(i) the person’s impairment is of itself sufficient to prevent the person from undertaking educational or vocational training during the next 2 years; or
(ii) the person’s impairment does not prevent the person from undertaking educational or vocational training but such training is not likely to equip the person, within the next 2 years, to do work for which the person is currently unskilled.

Note: for ‘work’ see subsection (5).

“(3) In deciding whether or not a person has a continuing inability to work under subsection (2), the Secretary is not to have regard to:

(a)
the availability to the person of work in the person’s locally accessible labour market (unless subsection (4) applies to the person); or
(b)
the availability to the person of educational or vocational training.

“(4) For the purposes of subparagraph (2) (b) (ii), if a person has turned 55, the Secretary may, in considering whether educational or vocational training is likely to equip the person to do work, have regard to the likely availability to the person of work in the person’s locally accessible labour market.

“(5) In this section:

‘educational or vocational training’ does not include a program designed specifically for people with physical, intellectual or psychiatric impairments;

‘work’ means work:

(a) that is for at least 30 hours per week at award wages or above; and

(b) that exists in Australia, even if not within the person’s locally accessible labour market.

Person not qualified in certain circumstances

“(6) A person is not qualified for a disability support pension on the basis of a continuing inability to work if the person brought about the inability with a view to obtaining a disability support pension or a sickness allowance.

Qualification for disability support pension—permanent blindness

“95. (1) A person is qualified for a disability support pension if:
(a)
the person is permanently blind; and
(b)
the person has turned 16; and
(c)
the person either:
(i) is an Australian resident at the time when the person first satisfies paragraph (a); or
(ii) has 10 years qualifying Australian residence; or (iii) is born outside Australia and, at the time when the person first satisfies paragraph (a), the person:
(a) is not an Australian resident; and
(b) is a dependent child of an Australian resident;
and the person becomes an Australian resident while a dependent child of an Australian resident.

Note: for ‘Australian resident’ and ‘qualifying Australian residence’ see section 7.

Person not qualified in certain circumstances

“(2) A person is not qualified for a disability support pension on the basis of blindness if the person brought about the blindness with a view to obtaining a disability support pension or a sickness allowance.

Refusal to attend interview etc. may lead to disqualification

“96. (1) A person is not qualified for a disability support pension if:

(a)
the person has lodged a claim for disability support pension, but the claim has not yet been determined; and
(b)
the Secretary is of the opinion that the person should:
(i) contact a specified officer of the Department; or
(ii) attend an interview at a specified location; or
(iii) complete a questionnaire; or
(iv) attend a medical, psychiatric or psychological examination; and
(c) the Secretary notifies the person that the person is required to:
(i) contact that officer; or

(ii) attend that interview; or
(iii) complete that questionnaire; or
(iv) attend that examination; or
(v) if the person has undergone an examination—provide to the Secretary the medical practitioner’s report on that examination in the approved form; and
(d)
the Secretary is satisfied that it is reasonable for this section to apply to the person; and
(e)
the person does not take reasonable steps to comply with the Secretary’s requirements within the time specified in the notice.

“(2) A notice under paragraph (1) (c) must be in writing and must inform the person of the effect of this section.

Departure certificate requirements apply

“97. Sections 94 and 95 have effect subject to sections 1218 and 1219 (departure certificate requirements for people leaving Australia).

“Subdivision B—Payability

Disability support pension not payable in some circumstances

“98. (1) Even though a person is qualified for disability support pension, the pension may not be payable to the person because:

(a)
the pension has not commenced to be payable (see sections 99 and 118); or
(b)
the person has not taken reasonable steps to claim or obtain compensation (see section 1164); or
(c)
the person or the person’s partner is subject to a compensation preclusion period (see Division 3 of Part 3.14); or
(d)
the person has not provided a tax file number for the person (see section 101) or the person’s partner (see section 102); or
(e)
the person is in gaol (see Part 3.13); or
(f)
the person is receiving another pension or benefit (see section 103); or
(g)
the person fails to comply with a requirement that the person:
(i) contact an officer; or
(ii) attend an interview; or
(iii) complete a questionnaire; or
(iv) attend a medical, psychiatric or psychological examination;
as required by section 105; or
(h) the person has not nominated a bank, credit union or building society account for payment of the pension (see section 125).

“(2) A disability support pension is not payable to a person if the person’s disability support pension rate would be nil.

Disability support pension generally not payable before claim or end of waiting period

“99. Disability support pension is not payable to a person who is qualified for the pension before:

(a)
the person’s provisional commencement day (identified under section 100), unless paragraph (b) applies to the person; or
(b)
if the person is subject to a DSP non-compliance waiting period—the first day after the end of that waiting period.

Note: a person may be subject to a DSP non-compliance waiting period under section 105.

Provisional commencement day

General rule

“100. (1) Subject to subsections (2), (3) and (4), a person’s provisional commencement day is the day on which the person claims the disability support pension.

Initial incorrect claim followed by a claim for disability support pension

“(2) If:
(a) a person makes a claim (in this subsection called 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 a disability support pension; and
(b)
on the day on which the person makes the initial claim, the person is qualified for a disability support pension; and
(c)
the person subsequently makes a claim for a disability support pension; 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.

Early claim

“(3) If:
(a)
a person lodges a claim for a disability support pension; and
(b)
the person is not, on the day on which the claim is lodged, qualified for a disability support pension; and
(c)
the person becomes qualified for a disability support pension

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 pension and is an Australian resident and in Australia.

Claim resulting from a major disaster

“(4) If a person:
(a)
claims a disaster relief payment; and
(b)
is qualified for the payment; and
(c)
as a result of the major disaster to which the payment relates, claims disability support pension within 14 days of claiming the disaster relief payment;

the person’s provisional commencement day is the day on which he or she was affected by the disaster.

Provision of person’s tax file number

“101. (1) A disability support pension is not payable to a person if:

(a)
the person is required under section 111 or 130 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.

Provision of partner’s tax file number

“102. (1) Subject to subsection (4), a disability support pension is not payable to a person if:

(a)
the person is a member of a couple; and
(b)
the person is required under section 112 or 131 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).

Multiple entitlement exclusion

“103. (1) A disability support pension is not payable to a person if the person is already receiving a service pension.

“(2) If:
(a)
a person is receiving a disability support pension; and
(b)
another social security pension or a social security benefit or service pension becomes payable to the person;

the disability support pension 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: ‘social security benefit’ includes job search and newstart allowances.

Note 3: for the day on which the disability support pension ceases to be payable see section 136.

Rehabilitation and assistance programs

“104. The Secretary may request a person who is receiving disability support pension to undertake a program of assistance or a rehabilitation program.

Refusal to attend interview etc.

“105. (1) A disability support pension is not payable to a person if:

(a)
the person is receiving a disability support pension; and
(b)
the Secretary is of the opinion that the person should:
(i) contact a specified officer of the Department; or
(ii) attend an interview at a specified place; or
(iii) complete a questionnaire; or
(iv) attend a medical, psychiatric or psychological examination; and
(c) the Secretary notifies the person that the person is required to:
(i) contact that officer; or
(ii) attend that interview; or
(iii) complete that questionnaire; or
(iv) attend that examination; or
(v) if the person has undergone an examination—provide to the Secretary a report on that examination in the approved form; and
(d)
the Secretary is satisfied that it is reasonable for this section to apply to the person; and
(e)
the person does not take reasonable steps to comply with the Secretary’s requirements within the time specified in the notice.
Note: the person’s pension will be cancelled or suspended by a determination of the Secretary under section 146.

“(2) A notice under paragraph (1) (c) must be in writing and must inform the person of the effect of this section.

“Division 2—Claim for disability support pension

Need for a claim

“106. (1) A person who wants to be granted a disability support pension must make a proper claim for that pension.

Note: for ‘proper claim’—see section 107 (form), section 108 (manner of lodgment) and section 110 (residence/presence in Australia).
“(2) For the purposes of subsection (1), where:
(a)
a claim for disability support pension is made by or on behalf of a person; and
(b)
at the time the claim is made, the claim cannot be granted because the person is not qualified for that pension;

the claim is, subject to subsection 100 (3), to be taken not to have been made.

Form of claim

“107. To be a proper claim, a claim must be made in writing and must be in accordance with a form approved by the Secretary.

Lodgment of claim

“108. (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) Subject to subsection (3), a place or person approved under subsection (1) must be a place or person in Australia.

“(3) The Secretary may approve a place or person outside Australia under subsection (1) for the purpose of lodgment of claims made under an international agreement.

Note: for international agreements see Part 4.1.

Claimant must be under pension age

“109. A claim by a person is not a proper claim unless the person is under the pension age on the day on which the claim is lodged.

Note: the pension age is 65 for a man and 60 for a woman.

Claimant must be Australian resident and in Australia

“110. 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 1: for ‘Australian resident’ see subsections 7 (2) and (3).

Note 2: the provisions of a scheduled international agreement may permit a proper claim to be made by a person who is not an Australian resident or not in Australia: see section 1208.

Secretary may require claimant to give statement of claimant’s tax file number

“111. If a claimant for a disability support pension 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 section 101.

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 101 (2) and (3).

Secretary may require claimant to give statement of partner’s tax file number

“112. If:
(a)
a claimant for a disability support pension 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.

Note 1: for the consequences of a failure to comply with the requirement see section 102.

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 102 (2) and (3).

Note 3: the Secretary can waive the requirement in some cases: see subsection 102 (4).

“Division 3—Determination of claim

Secretary to determine claim

“113. The Secretary must, in accordance with this Act, determine the claim.

Grant of claim

“114. 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 disability support pension; and
(b)
the pension is payable.

Date of effect of determination

“115. (1) Subject to subsections (2), (3) and (4), a determination under section 114 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.

Notified decision—review sought within 3 months

“(2) If:
(a)
a decision (in this subsection called the ‘previous decision’) is made rejecting a person’s claim for disability support pension; 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.

Notified decision—review sought after 3 months

“(3) If:
(a)
a decision (in this subsection called the ‘previous decision’) is made rejecting a person’s claim for disability support pension; 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.

Decision not notified

“(4) If:
(a)
a decision (in this subsection called the ‘previous decision’) is made rejecting a person’s claim for disability support pension; 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.

“Division 4—Medical examination following claim

Examination by medical practitioner

“116. (1) The Secretary must direct that a claimant for disability support pension be examined by a medical practitioner or practitioners unless:

(a) it is manifest that:
(i) the claimant has a physical, intellectual or psychiatric impairment of 20% or more under the Impairment Tables; and
(ii) the claimant has a continuing inability to work; or
(b) it is manifest that the claimant is permanently blind; or

(c)
the claimant’s rate of disability support pension, if granted, would be nil; or
(d)
the claimant does not satisfy the requirements of paragraph 94 (1) (d) or section 109 (age requirements) or paragraph 94 (1) (f) or section 110 (residence requirements).

Note: for ‘continuing inability to work’ see section 94.

“(2) If the claimant resides in a place that is remote from any medical practitioner, the Secretary may direct that:

(a)
subsection (1) does not apply to the claimant; and
(b)
the claimant is to submit to the Department a written report by a medical practitioner that relates to the impairment in respect of which the claimant is claiming disability support pension.

“(3) The medical practitioner who has examined the claimant because of a direction under subsection (1) is to give a certificate stating the practitioner’s opinion as to:

(a) whether the claimant:
(i) has a physical, intellectual or psychiatric impairment; or (ii) is permanently blind;
(as the case requires); and
(b) if the claimant does have a physical, intellectual or psychiatric impairment—the effect of the impairment on the claimant’s ability to work.

“(4) The medical practitioner must, if required to do so by the Secretary, include in the certificate the practitioner’s opinion as to the percentage of the person’s impairment (if any) under the Impairment Tables.

“(5) A certificate under this section must be in accordance with a form approved by the Secretary.

“Division 5—Rate of disability support pension

How to work out a person’s disability support pension rate

“117. A person’s disability support pension rate is worked out:
(a)
if the person is not permanently blind and paragraph (b) does not apply to the person—using Pension Rate Calculator A at the end of section 1064 (see Part 3.2); or
(b)
if the person is not permanently blind and has not turned 21—using Pension Rate Calculator D at the end of section 1066a (see Part 3.4a); or
(c)
if the person is permanently blind and paragraph (d) does not apply to the person—using Pension Rate Calculator B at the end of section 1065 (see Part 3.3); or

(d) if the person is permanently blind and has not turned 21—using Pension Rate Calculator E at the end of section 1066b (see Part 3.4b).

“Division 6—Payment of disability support pension

Commencement of disability support pension

“118. A disability support pension becomes payable to a person on the first day on which:

(a)
the person is qualified for the pension; and
(b)
no provision of this Act makes the pension not payable to the person.

Note 1: for qualification see sections 94 and 95.

Note 2: for the circumstances in which a disability support pension is not payable see section 98.

Payment by instalments

“119. (1) A full instalment of disability support pension is payable to a person on each pension payday on which:

(a)
the person is qualified for the pension; and
(b)
the pension is payable to the person.

“(2) If a person who is qualified for disability support pension 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.

Effect on instalments of backdating claim

“120. If:
(a)
a person lodges a claim for disability support pension on a particular day (in this section called the ‘claim day’); and
(b)
the person’s provisional commencement day is before the claim day;

any instalment of disability support pension that would, but for this section, be payable, is payable to the person:

(c)
if the claim day was a pension payday—on that day; or
(d)
the first pension payday after the claim day.

Note: for ‘provisional commencement day’ see section 100.

Calculation of amount of instalment

“121. (1) The amount of an instalment of disability support pension is the amount worked out by dividing the amount of the annual rate of the pension by 26.

“(2) If an 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, apart from this subsection, the amount of an instalment of disability support pension would be less than $1.00, the amount of the instalment is to be increased to $1.00.

Inmates of benevolent homes

“122. (1) While a person who is receiving disability support pension is an inmate of a benevolent home:

(a)
so much of the person’s pension as does not exceed the pensioner contribution is to be paid to the person who controls the benevolent home for the maintenance of the person in the benevolent home; and
(b)
the balance (if any) is to be paid to the person receiving the pension.

“(2) For the purposes of this section, the pensioner contribution is, subject to subsection (3), 364 times the amount in force from time to time for the purposes of subparagraph 47 (2) (b) (iii) of the National Health Act 1953.

“(3) If the amount worked out under subsection (2) is not a multiple of $2.60, the pensioner contribution is the next lower amount that is a multiple of $2.60.

Payment to person

“123. A person’s disability support pension is, subject to section 124, to be paid to that person.

Nominee payments

“124. (1) The Secretary may direct that the whole, or a part, of the amount of a person’s disability support pension is to be paid to someone else on behalf of the person.

“(2) If the Secretary makes a direction under subsection (1), the disability support pension is to be paid in accordance with the direction.

Payment into bank account etc.

“125. (1) Subject to subsection (6), disability support pension payable to a person is to be paid, at the intervals that the Secretary specifies, to the credit of a bank account, credit union account or building society account.

“(2) The account must be an account nominated and maintained by the person to whom the disability support pension is payable.

“(3) The account may be an account that is maintained by a person to whom the disability support pension is payable either alone or jointly or in common with another person.

“(4) Where a person to whom disability support pension is payable has not nominated an account for the purposes of subsection (1), then, subject to subsection (6), that pension is not to be paid.

“(5) Where:
(a) a person is not being paid disability support pension because of subsection (4); and
(b) the person nominates an account for the purposes of subsection (1);

the pension (including any amounts that would have been paid but for subsection (4)) is to be paid under subsection (1).

“(6) The Secretary may direct that the whole or a part of an amount of disability support pension that is payable to a person may be paid to the person in a different way from that provided for by subsection (1).

“(7) If the Secretary gives a direction under subsection (6), the disability support pension is to be payable in accordance with the direction.

Where pension payday would fall on public holiday etc.

“126. If the Secretary is satisfied that an amount of disability support pension 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.

Payment of pension after death

“127. (1) If:
(a)
a disability support pension 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 disability support pension 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 disability support pension under subsection (1), the Commonwealth has no further liability to any person in respect of that amount of disability support pension.

“Division 7—Protection of disability support pension

Disability support pension to be absolutely inalienable

“128. (1) Subject to subsection (2) and section 1359, disability support pension is absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.

Payments to Commissioner of Taxation at recipient’s request

“(2) The Secretary may make deductions from the instalments of disability support pension payable to a person where 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 pension, benefit or allowance if requested by the Commissioner of Taxation—see section 1359.

Effect of garnishee or attachment order

“129. (1) If:
(a)
a person has an account with a financial institution; and
(b)
instalments of disability support pension 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:

Method statement
Step 1.	Work out the total amount of disability support pension 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.
Step 2.	Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the saved amount.

“(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.

“Division 8—Recipient obligations

Secretary may require recipient to give statement of recipient’s tax file number

“130. If a recipient of a disability support pension 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 section 101.

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 101 (2) and (3).

Secretary may require recipient to give statement of partner’s tax file number

“131. If:
(a)
a disability support pension 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.

Note 1: for the consequences of a failure to comply with the requirement see section 102.
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 102 (2) and (3).
Note 3: the Secretary can waive the requirement in some cases: see subsection 102 (4).

Secretary may require notice of the happening of an event or a change in circumstances

“132. (1) The Secretary may give a person to whom disability support pension 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 pension.

“(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 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 given under this section.

“(4) 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.

“(5) A person must not refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.

Penalty: $1,000 or imprisonment for 6 months, or both.

“(6) A person must not, in purporting to comply with a notice under subsection (1), knowingly or recklessly give information that is false or misleading in a material particular.

Penalty: $1,000 or imprisonment for 6 months, or both.

“(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.

Secretary may require recipient to give particular information relevant to payment of disability support pension

“133. (1) The Secretary may give a person to whom disability support pension 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 pension to the person.

“(2) 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 given under this section.

“(3) The period specified under paragraph (2) (d) must end at least 14 days after the day on which the notice is given.

“(4) 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.

“(5) A person must not refuse or fail to comply with a notice under subsection (1) to the extent that the person is capable of complying with the notice.

Penalty: $1,000 or imprisonment for 6 months, or both.

“(6) A person must not, in purporting to comply with a notice under subsection (1), knowingly or recklessly give information that is false or misleading in a material particular.

Penalty: $1,000 or imprisonment for 6 months, or both.

“(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.

Self incrimination

“134. (1) A person is not excused from giving information pursuant to a notice under section 132 or 133 on the ground that the information may tend to incriminate the person.

“(2) Information given by a person pursuant to a notice under section 132 or 133 is not admissible in evidence against the person in a criminal proceeding other than a proceeding under, or arising out of, subsection 132 (5) or (6) or 133 (5) or (6).

“Division 9—Continuation, variation and termination

“Subdivision A—General

Continuing effect of determination

Entitlement determination

“135. (1) A determination that:
(a)
a person’s claim for disability support pension is granted; or
(b)
disability support pension is payable to a person;

continues in effect until:

(c)
the pension ceases to be payable under section 136, 137 or 138; or
(d)
the determination is revoked under subsection 139 (3); or

(e)
a further determination in relation to the pension under section 146 or 146a has taken effect.

Note 1: for paragraph (a) see section 114.

Note 2: for paragraph (b) see section 146c—this paragraph is relevant where the determination in question reverses an earlier cancellation or suspension.

Rate determination

“(2) A determination of the rate of disability support pension continues in effect until:

(a)
the pension becomes payable at a lower rate under section 141, 142 or 143; or
(b)
a further determination in relation to the pension under section 144 or 145 has taken effect.

“Subdivision B—Automatic termination

Automatic termination—transfer to new payment type

“136. If:
(a)
a person is receiving a disability support pension; and
(b)
another social security pension or a social security benefit or service pension becomes payable to the person;

the disability support pension ceases to be payable to the person immediately before the day on which the other pension or benefit becomes payable to the person.

Automatic termination—recipient complying with section 132 notification obligations

“137. If:
(a)
a person who is receiving disability support pension is given a notice under section 132; 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 (in this section called 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 pension; or
(ii) the pension would, but for this section, cease to be payable to the person; and
(f) the pension is not cancelled before the end of the notification period;

the pension 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 pension, there is no automatic rate reduction and a determination under section 145 must be made in order to bring the rate reduction into effect.

Automatic termination—recipient not complying with section 132 notification obligations

“138. If:
(a)
a person who is receiving disability support pension is given a notice under section 132; 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 (in this section called 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 pension; or
(ii) the pension ceases to be payable to the person;

the pension ceases to be payable to the person immediately after the day on which the event or change in circumstances occurs.

Suspension may occur instead of automatic termination in some circumstances

“139. (1) If:
(a)
a person ceases to be qualified for disability support pension because the person obtains paid work that is for at least 30 hours per week; and
(b)
the person has notified the Secretary that the person has obtained that work within the notification period referred to in paragraph 137 (b);

the Secretary may determine:

(c)
that section 137 does not apply to the person’s pension; and
(d)
that the person’s pension is to be suspended.

Note: the determination to suspend is made under section 146.

“(2) Subsection (1) does not apply to a person if:
(a) the Secretary gives notice to the person that the person is no longer qualified for disability support pension; and

(b) the Secretary’s notice is given before the person notifies the Secretary that the person has obtained work.
“(3) If:
(a)
a person’s disability support pension is suspended because of subsection (1); and
(b)
the determination suspending the disability support pension continues in effect throughout the period of 2 years from the date of effect of the determination;

then, at the end of that 2 year period, the determination granting the person disability support pension is automatically revoked.

“(4) If:
(a)
the Secretary suspends a person’s pension under subsection (1); and
(b)
the person has a partner who is receiving:
(i) age pension; or
(ii) disability support pension; or
(iii) sole parent pension in a case where the recipient is qualified for the pension because of subparagraph 249 (1) (a) (iv) (illness-separation); or
(iv) service pension;

then, for the period of the suspension, the partner is taken to be partnered (partner getting neither pension nor benefit).

Note 1: the partner’s rate of pension for the suspension period will be determined under Subdivision D of Division 9.

Note 2: for ‘partnered (partner getting neither pension nor benefit)’ see paragraph 4 (11) (b).

“(5) If:
(a)
the Secretary suspends a person’s pension under subsection (1); and
(b)
the person has a partner who was, immediately before the suspension, receiving wife pension or carer pension;

the Secretary must determine that the partner’s pension is not to be cancelled but is to be suspended.

Note: the determination to suspend is made under section 146.

Suspension may be taken to have occurred

“140. (1) If:
(a)
a person ceases to be qualified for disability support pension because the person obtains paid work that is for at least 30 hours per week; and
(b)
disability support pension ceases to be payable to the person under section 137; and
(c)
within the period of 2 years after the pension ceases to be

payable, the person ceases to do work of the kind referred to in paragraph (a);

the Secretary may determine that the person is to be treated as if:

(d)
section 137 had not applied to the person’s disability support pension; and
(e)
the disability support pension had been suspended under section 139.
“(2) If:
(a)
the Secretary makes a determination under subsection (1) in respect of a person; and
(b)
the person’s partner had ceased to be qualified for wife pension or carer pension when the person ceased to be qualified for disability support pension as mentioned in paragraph (1) (a);

the Secretary may determine that the partner is to be treated as if the partner’s wife or carer pension had not been cancelled but had been suspended under section 139.

“Subdivision C—Automatic rate reduction

Automatic rate reduction—partner starting to receive pension or benefit

“141. If:
(a)
a person is receiving a disability support pension; 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 disability support pension rate is reduced because of the partner’s receipt of that pension or benefit;

the disability support pension becomes payable to the person at the reduced rate on the day on which the partner starts to receive that pension or benefit.

Automatic rate reduction—recipient not complying with section 132 notification obligations

“142. If:
(a)
a person who is receiving disability support pension is given a notice under section 132; 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 (in this section called 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 pension is to be reduced;

the pension becomes payable to the person at the reduced rate immediately after the day on which the event or change in circumstance occurs.

Automatic rate reduction—failure to inform Department of payment for remunerative work where earnings credit account balance available

“143. If:
(a)
a person who is receiving disability support pension is given a notice under section 132; 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 pension 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.

“Subdivision D—Determinations

Rate increase determination

“144. If the Secretary is satisfied that the rate at which disability support pension 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 146d.

Rate reduction determination

“145. If the Secretary is satisfied that the rate at which disability support pension 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 142 or 143 (see subsection 12 (2)).

Note 2: for the date of effect of a determination under this section see section 146e.

Cancellation or suspension determination

“146. If the Secretary is satisfied that disability support pension 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 pension is to be cancelled or suspended.

Note 1: a determination under this section is not necessary in a case where an automatic termination is produced by section 137 or 138 (see subsection 12 (1)).

Note 2: for the date of effect of a determination under this section see section 146e.

Cancellation or suspension for failure to comply with section 132, 1304 or 1305 notice

“146a. If:
(a)
a person who is receiving a disability support pension is given a notice under section 132, 1304 or 1305 requiring the person to give the Department a statement; and
(b)
the person does not comply with the notice;

the Secretary may determine that the pension is to be cancelled or suspended.

Note 1: this section will not apply in a case where section 146 applies.

Note 2: for the date of effect of a determination under this section see section 146e.

Changes to payments by computer

“146b. If:
(a)
payment of a disability support pension to a person is based upon data in a computer; and
(b)
the pension rate is increased or reduced, or the pension is cancelled or suspended, because of the operation of a computer program approved by the Secretary; and
(c)
the program causes the change for a reason for which the Secretary could determine the change;

the change is taken to have been made because of a determination by the Secretary for that reason.

Resumption of payment after cancellation or suspension

“146c. (1) If the Secretary:
(a)
cancels or suspends a person’s disability support pension under section 146 or 146a; and
(b)
reconsiders the decision to cancel or suspend; and
(c)
becomes satisfied that because of the decision to cancel or suspend:
(i) the person did not receive a disability support pension that was payable to the person; or
(ii) the person is not receiving a disability support pension that is payable to the person;

the Secretary is to determine that disability support pension was or is payable to the person.

“(2) The reconsideration referred to in paragraph (1) (b) might be a reconsideration on an application under section 1240 for review or a reconsideration on the Secretary’s own initiative.

Note: for the date of effect of a determination under this section see section 146d.

“Subdivision E—Date of effect of determinations

Date of effect of favourable determination

“146d. (1) The day on which a determination under section 144 or 146c (in this section called the ‘favourable determination’) takes effect is worked out in accordance with this section.

Notified decision—review sought within 3 months

“(2) If:
(a)
a decision (in this subsection called the ‘previous decision’) is made in relation to a person’s disability support pension; and
(b)
a notice is given to the person to whom the pension is payable 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)
the favourable determination is made as a result of the application for review; and
(e)
subsections (6), (7) and (8) do not apply to the determination;

the determination takes effect on the day on which the previous decision took effect.

Notified decision—review sought after 3 months

“(3) If:
(a)
a decision (in this subsection called the ‘previous decision’) is made in relation to a person’s disability support pension; and
(b)
a notice is given to the person to whom the pension is payable 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)
the favourable determination is made as a result of the application for review; and
(e)
subsections (6), (7) and (8) do not apply to the determination;

the determination takes effect on the day on which the person sought the review.

Decision not notified

“(4) If:
(a)
a decision (in this subsection called the ‘previous decision’) is made in relation to a person’s disability support pension; and
(b)
no notice is given to the person to whom the pension is payable 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)
the favourable determination is made as a result of the application for review; and
(e)
subsections (6), (7) and (8) do not apply to the determination;

the determination takes effect on the day on which the previous decision took effect.

Notified change of circumstances

“(5) If:
(a)
the favourable determination is made following a person having advised the Department of a change in circumstances; and
(b)
the change is not a decrease in the rate of the person’s maintenance income;

the determination takes effect on the day on which the advice was received or on the day on which the change occurred, whichever is the later.

Prescribed student child determination

“(6) If:
(a)
the favourable determination is made as a result of the Secretary forming the opinion, for the purposes of subsections 5 (12) and (13), that a young person will not, or would not, receive payments under a prescribed educational scheme; and
(b)
the Secretary is notified that the young person has been refused payment under a prescribed educational scheme within 28 days after the person is notified of that refusal;

the determination takes effect on the day when the determination is made or on such earlier or later day as is specified in the determination.

“(7) If:
(a)
the favourable determination is made because, under subsection 5 (13), a young person is not qualified to receive a payment under a prescribed educational scheme; and
(b)
the young person, or another person, was previously in receipt of a payment under a prescribed educational scheme in respect of that young person, and the young person or other person has since ceased to receive that payment; and

(c) the Secretary was notified, within 28 days after the payment ceased, that it was no longer being received;

the determination takes effect on the day when the determination is made or such earlier or later day as is specified in the determination.

“(8) If:
(a)
the favourable determination is made because, under paragraph 5 (12) (c), a young person is not qualified to receive payments under any of the prescribed educational schemes; and
(b)
no applications have been made for payments in respect of that young person under any of the prescribed educational schemes; and
(c)
the Secretary is satisfied that it is reasonable for such applications not to be made; and
(d)
the young person ceased to be a prescribed student child because of the operation of paragraph 5 (12) (c) within 3 months after becoming a prescribed student child;

the determination takes effect on the day on which the young person became a prescribed student child.

Other determinations

“(9) In any other case, the favourable determination takes effect on the day on which the determination was made or on such later day or earlier day (not being a day more than 3 months before the determination was made) as is specified in the determination.

Date of effect of adverse determination

General

“146e. (1) The day on which a determination under section 145, 146 or 146a (in this section called the ‘adverse determination’) takes effect is worked out in accordance with this section.

Note: if the adverse determination depends on a discretion or opinion and a person affected by the determination applies for review, the Secretary may continue payment pending the outcome of the review: see section 1241 (internal review) and section 1251 (review by Social Security Appeals Tribunal).
“(2) The adverse determination takes effect on:
(a)
the day on which the determination is made; or
(b)
if another day is specified in the determination—on that day.

“(3) Subject to subsections (4), (5) and (6), the day specified under paragraph (2) (b) must be later than the day on which the determination is made.

Contravention of Act

“(4) If:
(a) the person whose disability support pension is affected by the

adverse determination has contravened a provision of this Act (other than section 133, 1304, 1305, 1306 or 1307); and
(b) the contravention causes a delay in making the determination;

the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

False statement or misrepresentation—suspension or cancellation

“(5) If:
(a)
a person has made a false statement or misrepresentation; and
(b)
because of the false statement or misrepresentation, the pension has been paid to a person when it should have been cancelled or suspended;

the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

False statement or misrepresentation—rate reduction

“(6) If:
(a)
a person has made a false statement or misrepresentation; and
(b)
because of the false statement or misrepresentation, the rate at which the pension was paid to a person was more than it should have been;

the day specified under paragraph (2) (b) may be earlier than the day on which the determination is made.

“Division 10—Bereavement payments

“Subdivision A—Death of pensioner partner

Qualification for payments under this Subdivision

“146f. (1) If:
(a)
a person is receiving disability support pension; and
(b)
the person is a member of a couple; and
(c)
the person’s partner dies; and
(d)
immediately before the partner died, the partner was receiving:
(i) an age pension; or
(ii) a disability support pension; or
(iii) a wife pension; or
(iv) a carer pension; or
(v) a sole parent pension under subparagraph 249 (1) (a) (iv) (illness separated couple); or
(vi) a rehabilitation allowance; or
(vii) a special needs age, disability support, wife or sole parent pension; or
(viii) a service pension; and

(e) on the pension payday immediately before the first available bereavement adjustment payday, the amount that would be payable to the person if the person were not qualified for payments under this Subdivision is less than the sum of:
(i) the amount that would otherwise be payable to the person under section 146e (continued payment of partner’s pension or allowance); and

Oesophagostomy or gastrostomy.

SCHEDULE 2—continued

TABLE 14. GASTROINTESTINAL IMPAIRMENT: SMALL AND LARGE BOWEL, RECTUM AND ANUS
Impairment	Criteria
NIL	Anal disorder: infrequent and minor symptoms, eg, haemorrhoids, anal fissures, controlled by medication.
Bowel disorder, eg, irritable bowel, diverticulosis: infrequent and minor symptoms such as constipation, or intermittent diarrhoea and abdominal cramps which respond to dietary treatment.
Inguinal hernia easily reducible or surgically repaired.
FIVE	Anal disorder: moderate symptoms on most days, necessitating regular medication for control.
Bowel disorder: frequent moderate symptoms necessitating regular medication.
Inguinal hernia not easily reduced and resulting in mild symptoms.
TEN	Minor faecal incontinence associated with occasional soiling.
Anal disorder: marked to severe symptoms despite regular treatment.
Colostomy, ileostomy - well controlled.
TWENTY	Faecal soiling necessitating frequent changes of underwear, or a precautionary incontinence pad.
Bowel disorder: marked symptoms, such as regular diarrhoea and frequent abdominal pain, partially controlled by full-dose medication.
Colostomy, ileostomy - poorly controlled.
Large inguinal or ventral hernia resulting in frequent symptoms.
THIRTY	Bowel disorder: diarrhoea and abdominal pain on most days, with no response to medication and considerable interference with daily routine.
Jejunostomy
FIFTY	Complete faecal incontinence.

SCHEDULE 2—continued

TABLE 15. LIVER AND BILIARY TRACT IMPAIRMENT
Impairment Rating	Criteria
NIL	Mildly abnormal liver function tests but good nutrition and strength and no other signs of disease.
FIVE	Signs or stigmata of liver disease BUT no history of jaundice, ascites or bleeding oesophageal varices within the last 5 years. Liver function tests normal or mildly abnormal.
TEN	Signs or stigmata of liver disease with jaundice, ascites or bleeding oesophageal varices 1 to 5 years ago BUT normal or mildly abnormal liver function tests.
TWENTY	Signs or stigmata of liver disease with jaundice, ascites or bleeding oesophageal varices 1 to 5 years ago AND markedly abnormal liver function tests.
FORTY	Signs or stigmata of liver disease with jaundice, ascites or bleeding oesophageal varices in the past year OR objective signs of progressive liver disease.
FIFTY	Permanent, irreparable biliary tract obstruction.
SIXTY	Objective signs of progressive liver disease with ONE of the following: • persistent jaundice • frequent, recurrent bleeding episodes • central nervous system manifestations of hepatic insufficiency.
SEVENTY	Objective signs of progressive liver disease with TWO of the following: • persistent jaundice • frequent, recurrent bleeding episodes • central nervous system manifestations of hepatic insufficiency.
EIGHTY	Objective signs of liver disease with ALL of the following: • persistent jaundice • frequent, recurrent bleeding episodes • central nervous system manifestations of hepatic insufficiency.
NINETY-FIVE	Hepatic coma

SCHEDULE 2—continued

TABLE 16. HEARING IMPAIRMENT

NOTE:

Testing to be carried out without a hearing aid

TABLE 16.1

Assignment of impairment rating

Percentage Loss of Binaural Hearing	Impairment Rating
0-4.9	0
5-14.9	5
25-34.9	10
35-44.9	15
45-54.9	20
55-64.9	25
65-74.9	30
75-84.9	30
85-94.9	35
95-100	40

Social Security (Disability and Sickness Support) Amendment

No. 141, 1991

SCHEDULE 2—continued

TABLE 16.2 500 Hz
VALUES OF PERCENTAGE LOSS OF HEARING CORRESPONDING TO GIVEN HEARING THRESHOLD LEVELS IN THE BETTER AND WORSE EARS AT 500Hz
HTL-BETTER EAR

≤15	20	25	30	35	40	45	50	55	60	65	70	75	80	85	90	≥95
HTL-WORSE EAR
≤15	0.0
20	0.4	0.6
25	0.6	1.0	1.4
30	1.0	1.4	2.0	2.8
35	1.3	1.6	2.5	3.4	4.5
40	1.7	2.2	3.0	3.9	5.1	6.4
45	2.0	2.6	3.4	4.3	5.5	6.8	8.1
50	2.3	2.9	3.7	4.7	5.8	7.1	8.4	9.7
55	2.5	3.2	4.0	5.0	6.1	7.3	8.6	9.9	11.2
60	2.7	3.4	4.2	5.2	6.3	7.5	8.8	10.0	11.3	12.6
65	2.8	3.5	4.4	5.4	6.5	7.7	8.9	10.2	11.5	12.7	14.0
70	2.9	3.7	4.5	5.5	6.6	7.8	9.1	10.3	11.6.	12.9	14.2	15.5
75	3.0	3.8	4.7	5.7	6.8	8.0	9.2	10.5	11.8	13.1	14.5	15.7	16.9
80	3.1	3.9	4.8	5.8	6.9	8.1	9.3	10.6	12.0	13.3	14.7	16.0	17.2	18.2
85	3.2	4.0	4.9	5.9	7.0	8.2	9.4	10.7	12.1	13.5	14.9	16.2	17.4	18.4	19.1
90	3.4	4.1	5.0	6.0	7.1	8.1	9.5	10.8	12.2	13.6	15.0	16.3	17.6	18.5	19.2	19.7
≤95	1.4	4.2	5.1	6.1	7.1	8.1	9.5	10.8	12.2	13.6	15.0	16.4	17.6	18.6	19.3	19.7	20.0

TABLE 16.3 1000 Hz

Social Security (Disability and Sickness Support) Amendment

No. 141, 1991

SCHEDULE 2—continued

VALUES OF PERCENTAGE LOSS OF HEARING CORRESPONDING TO GIVEN HEARING THRESHOLD LEVELS IN THE BETTER AND WORSE EARS AT 1000HZ
HTL - BETTER EAR

≤15	20	25	30	35	40	45	50	55	60	65	70	75	80	85	90	≥95
HTL - WORSE EAR
≤15	0.0
20	0.5	0.8
25	0.8	1.2	1.8
30	1.2	1.7	2.5	3.5
35	1.7	2.3	3.1	4.3	5.7
40	2.1	2.8	3.7	4.9	6.3	8.0
45	2.5	3.3	4.2	5.4	6.9	8.5	10.2
50	2.8	3.6	4.7	5.9	7.3	8.8	10.5	12.1
55	3.1	3.9	5.0	6.2	7.6	9.1	10.7	12.4	14.0
60	3.3	4.2	5.3	6.5	7.9	9.4	11.0	12.6	14.2	15.7
65	3.5	4.4	5.5	6.7	8.1	9.6	11.2	12.8	14.4	15.9	17.5
70	3.7	4.6	5.7	6.9	8.3	9.8	11.3	12.9	14.6	16.2	17.8	19.4
75	3.8	4.7	5.8	7.1	8.5	10.0	11.5	13.1	14.8	16.4	18.1	19.7	21.1
80	3.9	4.9	6.0	7.3	8.6	10.1	11.7	13.3	15.0	16.7	18.4	20.0	21.5	22.7
85	4.1	5.0	6.2	7.4	8.8	10.3	11.8	13.4	15.1	16.9	18.6	20.3	21.7	23.0	23.9
90	4.2	5.2	6.3	7.5	8.9	10.3	11.9	13.5	15.2	17.0	18.7	20.4	21.9	23.2	24.1	24.6
≤95	4.3	5.3	6.4	7.6	8.9	10.3	11.9	13.5	15.2	17.0	18.7	20.5	22.0	23.3	24.2	24.7	25.0

TABLE 16.4 1500 Hz

Social Security (Disability and Sickness Support) Amendment

No. 141, 1991

SCHEDULE 2—continued

VALUES OF PERCENTAGE LOSS OF HEARING CORRESPONDING TO GIVEN HEARING THRESHOLD LEVELS IN THE BETTER AND WORSE EARS AT 1500HZ
HTL - BETTER EAR

≤15	20	25	30	35	40	45	50	55	60	65	70	75	80	85	90	≥95
HTL - WORSE EAR
≤15	0.0
20	0.4	0.6
25	0.6	1.0	1.4
30	1.0	1.4	2.0	2.8
35	1.3	1.8	2.5	3.4	4.5
40	1.7	2.2	3.0	3.9	5.1	6.4
45	2.0	2.6	3.4	4.3	5.5	6.8	8.1
50	2.3	2.9	3.7	4.7	5.8	7.1	8.4	9.7
55	2.5	3.2	4.0	5.0	6.1	7.3	8.6	9.9	11.2
60	2.7	3.4	4.2	5.2	6.3	7.5	8.8	10.0	11.3	12.6
65	2.8	3.5	4.4	5.4	6.5	7.7	8.9	10.2	11.5	12.7	14.0
70	2.9	3.7	4.5	5.5	6.6	7.8	9.1	10.3	11.6	12.9	14.2	15.5
75	3.0	3.8	4.7	5.7	6.8	8.0	9.2	10.5	11.8	13.1	14.5	15.7	16.9
80	3.1	3.9	4.8	5.8	6.9	8.1	9.3	10.6	12.0	13.3	14.7	16.0	17.2	18.2
85	3.2	4.0	4.9	5.9	7.0	8.2	9.4	10.7	12.1	13.5	14.9	16.2	17.4	18.4	19.1
90	3.4	4.1	5.0	6.0	7.1	8.3	9.5	10.8	12.2	13.6	15.0	16.3	17.6	18.5	19.2	19.7
≤95	3.4	4.2	5.1	6.1	7.1	8.3	9.5	10.8	12.2	13.6	15.0	16.4	17.6	18.6	19.3	19.7	20.0

TABLE 16.5 2000 Hz

Social Security (Disability and Sickness Support) Amendment

No. 141, 1991

SCHEDULE 2—continued

VALUES OF PERCENTAGE LOSS OF HEARING CORRESPONDING TO GIVEN HEARING THRESHOLD LEVELS IN THE BETTER AND WORSE EARS AT 2000HZ
HTL - BETTER EAR

≤15	20	25	30	35	40	45	50	55	60	65	70	75	80	85	90	≥95
HTL-WORSE EAR
≤15	0.0
20	0.3	0.5
25	0.5	0.7	1.1
30	0.7	1.0	1.5	2.1
35	1.0	1.4	1.9	2.5	3.4
40	1.3	1.7	2.2	2.9	3.8	4.8
45	1.5	1.9	2.5	3.3	4.1	5.1	6.1
50	1.7	2.2	2.8	3.5	4.4	5.3	6.3	7.3
55	1.9	2.4	3.0	3.7	4.6	5.5	6.4	7.4	8.4
60	2.0	2.5	3.1	3.9	4.7	5.6	6.6	7.5	8.5	9.4
65	2.1	2.6	3.3	4.0	4.9	5.7	6.7	7.6	8.6	9.6	10.5
70	2.2	2.7	3.4	4.1	5.0	5.9	6.8	7.8	8.7	9.7	10.7	11.6
75	2.3	2.8	3.5	4.3	5.1	6.0	6.9	7.9	8.9	9.9	10.8	11.8	12.7
80	2.4	2.9	3.6	4.4	5.2	6.1	7.0	8.0	9.0	10.0	11.0	12.0	12.9	13.6
85	2.4	3.0	3.7	4.4	5.3	6.1	7.1	8.1	9.1	10.1	11.1	12.1	13.0	13.8	14.3
90	2.5	3.1	3.8	4.5	5.3	6.2	7.1	8.1	9.1	10.2	11.2	12.2	13.2	13.9	14.4	14.8
≤95	2.6	3.2	3.8	4.6	5.4	6.2	7.1	8.1	9.1	10.2	11.3	12.3	13.2	14.0	14.5	14.8	15.0

TABLE 16.6 3000 Hz

Social Security (Disability and Sickness Support) Amendment

No. 141, 1991

SCHEDULE 2—continued

VALUES OF PERCENTAGE LOSS OF HEARING CORRESPONDING TO GIVEN HEARING THRESHOLD LEVELS IN THE BETTER AND WORSE EARS AT 3000HZ
HTL-BETTER EAR

≤15	20	25	30	35	40	45	50	55	60	65	70	75	80	85	90	≥95
HTL - WORSE EAR
≤15	0.0
20	0.2	0.3
25	0.3	0.5	0.7
30	0.5	0.7	1.0	1.4
35	0.7	0.9	1.2	1.7	2.3
40	0.8	1.1	1.5	2.0	2.5	3.2
45	1.0	1.3	1.7	2.2	2.7	3.4	4.1
50	1.1	1.4	1.9	2.3	2.9	3.5	4.2	4.8
55	1.2	1.6	2.0	2.5	3.0	3.6	4.3	4.9	5.6
60	1.3	1.7	2.1	2.6	3.1	3.7	4.4	5.0	5.6	6.3
65	1.4	1.8	2.2	2.7	3.2	3.8	4.4	5.1	5.7	6.4	7.0
70	1.5	1.8	2.3	2.8	3.3	3.9	4.5	5.2	5.8	6.5	7.1	7.7
75	1.5	1.9	2.3	2.8	3.4	4.0	4.6	5.2	5.9	6.6	7.2	7.8	8.4
80	1.6	2.0	2.4	2.9	3.4	4.0	4.7	5.3	6.0	6.6	7.3	8.0	8.6	9.1
85	1.6	2.0	2.5	3.0	3.5	4.1	4.7	5.4	6.0	6.7	7.4	8.1	8.7	9.2	9.5
90	1.7	2.1	2.5	3.0	3.5	4.1	4.7	5.4	6.1	6.8	7.5	8.2	8.8	9.2	9.6	9.8
≤95	1.7	2.1	2.6	3.0	3.6	4.1	4.7	5.4	6.1	6.8	7.5	8.2	8.8	9.3	9.6	9.8	10.0

TABLE 16.7 4000 Hz

Social Security (Disability and Sickness Support) Amendment

No. 141, 1991

SCHEDULE 2—continued

VALUES OF PERCENTAGE LOSS OF HEARING CORRESPONDING TO GIVEN HEARING THRESHOLD LEVELS IN THE BETTER AND WORSE EARS AT 4000HZ
HTL - BETTER EAR

≤20	25	30	35	40	45	50	55	60	65	70	75	80	85	90	≥95
HTL - WORSE EAR
≤20	0.0
25	0.2	0.3
30	0.3	0.5	0.8
35	0.5	0.7	1.0	1.5
40	0.6	0.9	1.3	1.8	2.5
45	0.8	1.1	1.5	2.1	2.7	3.5
50	0.9	1.3	1.7	2.3	2.9	3.6	4.4
55	1.0	1.4	1.9	2.4	3.1	3.8	4.5	5.2
60	1.2	1.5	2.0	2.6	3.2	3.9	4.6	5.3	6.0
65	1.2	1.6	2.1	2.7	3.3	3.9	4.6	5.3	6.0	6.7
70	1.3	1.7	2.2	2.7	3.4	4.0	4.7	5.4	6.1	6.8	7.5
75	1.4	1.8	2.3	2.8	3.4	4.1	4.8	5.5	6.2	6.9	7.6	8.2
80	1.4	1.9	2.3	2.9	3.5	4.2	4.9	5.6	6.3	7.0	7.7	8.4	8.9
85	1.5	1.9	2.4	3.0	3.6	4.2	4.9	5.7	6.4	7.1	7.8	8.5	9.0	9.5
90	1.6	2.0	2.5	3.0	3.6	4.3	5.0	5.7	6.5	7.2	7.9	8.6	9.1	9.5	9.8
≤95	1.6	2.0	2.5	3.1	3.7	4.3	5.0	5.7	6.5	7.2	8.0	8.7	9.2	9.6	9.8	10.0

SCHEDULE 2—continued

TABLE 17.

MISCELLANEOUS EAR, NOSE AND THROAT DISORDERS

Impairment Rating	Criteria
NIL	Intermittent otorrhoea.
Intermittent otalgia and tinnitus.
Post nasal discharge, rhinorrhoea and sneezing.
Vertigo which does not interfere with any activities.
Other conditions which are controlled by medication or for which no medication is required.
FIVE	Chronic otorrhoea.
Complete loss of olfaction or taste.
TEN	Chronic otalgia.
Constant tinnitus.
Vertigo which interferes only with activities involving personal or public safety (eg: driving a car, operating machinery).
TWENTY	Vertigo which interferes with some normal daily activities.
TWENTY-FIVE	Permanent tracheostomy or stoma.
FORTY	Vertigo which interferes with all normal daily activities except household duties and self-care.
SIXTY	Vertigo which interferes with all activities to the extent that only self-care can be managed but all other activities are impossible.
EIGHTY	Vertigo such that the sufferer is confined to home and requires assistance with all activities including self-care.

SCHEDULE 2—continued

TABLE 18. IMPAIRMENT OF VISION - VISUAL ACUITY IN THE BETTER EYE
NOTE:	This is assessed by measuring visual acuity in the better eye after correction.

Visual Acuity	Impairment Rating
6/6	0
6/9	0
6/12	5
6/18	15
6/24	20
6/30	30
6/36	40
6/48	50
6/60	75
3/60 or worse	85

SCHEDULE 2—continued

TABLE 19. MISCELLANEOUS VISUAL IMPAIRMENTS

THE VISUAL SYSTEM1

Disorders such as nystagmus, conjunctivitis, colour blindness, night blindness and glaucoma (without visual loss) are usually binocular and cause minimal impairment. An assessment of 0-5% is appropriate.

Visual Disturbance	Impairment Rating
Heterotropia with diplopia
all directions of gaze	25
all directions of downward gaze	15
all directions of upward gaze	10
one quadrant of downward gaze	10
one quadrant of upward gaze	5
one direction of sideways gaze	10
both directions of sideways gaze	15
all range of near vision	15
Heterophoria	0
Nystagmus without diplopia	0
Unilateral aphakia	10
Bilateral aphakia	5
Unilateral intraocular lens	5
Heterotropia without diplopia
all directions of gaze	10
near vision only	5
Loss of stereopsis in absence of heterotropia	5
Gaze defects
vertical	15
horizontal	10
vertical and horizontal	25
Homonymous Hemianopia	50

1 Visual Fields based on Ophthalmologist’s advice.

SCHEDULE 2—continued

TABLE 20. OTHER OCULAR IMPAIRMENTS

Impairment Rating	Criteria
NIL	Glaucoma, with or without medication and no evidence of field loss
Intermittent conjunctivitis
Disorders resulting in dry eyes necessitating regular, daily use of eye drops
FIVE	Constant but mild irritation of eyes resulting in symptoms and signs, eg, chronic conjunctivitis or blepharoconjunctivitis, persistent photophobia, epiphora Uncorrected ectropion or entropion
Ptosis or tarsorrhaphy resulting in continuous but partial closure of the eye
TEN	Symptoms and signs of severe eye irritation, present all of the time.

SCHEDULE 2—continued

TABLE 21. LOWER URINARY TRACT IMPAIRMENT

Impairment Rating	Criteria
NIL	Occasional stress incontinence: infrequent and small amounts of urine lost, and incontinence pad not needed.
Mild symptoms of bladder outlet or urethral obstruction, eg, hesitancy, or poor stream.
TEN	Minor stress incontinence, needing use of 1-2 incontinence pads a day, and/or mild urge incontinence, but rarely unable to find a toilet in time.
Bladder outlet or urethral obstruction as above, but with more severe symptoms such as urge frequency, nocturia, or recurrent urinary tract infections.
Urethral stricture, necessitating passage of sounds at intervals of 3 months or less.
FIFTEEN	Loss of voluntary control of bladder, but satisfactory emptying achieved by triggering of reflex activity, suprapubic pressure or Valsalva manoeuvre. No incontinence aid needed.
Urinary diversion, eg, ileal conduit, sigmoid conduit, ureterosigmoidostomy.
TWENTY	Loss of voluntary control of bladder necessitating intermittent catheterization.
THIRTY-FIVE	Dribbling incontinence needing frequent change of incontinence pads, or a collection device, eg, condom catheter.
FIFTY	Incontinence needing a permanent indwelling catheter.

SCHEDULE 2—continued

TABLE 22RENAL IMPAIRMENT

Impairment Rating	Criteria
NIL	Impairment of renal function corresponding to a creatinine clearance of 90 1/day (1.05ml/s) or better AND/OR intermittent symptoms or signs of upper urinary tract dysfunction are present that do not require continuous treatment or surveillance.
TEN	Impairment of renal function corresponding to a creatinine clearance of 75 to 89 1/day (0.87-1.05ml/s) AND/OR renal transplant.
FIFTEEN	Creatinine clearance is 75 to 89 1/day (0.87-1.05ml/s) AND symptoms and signs of urinary tract dysfunction OR disease necessitates continuous medical treatment.
THIRTY	Impairment of renal function corresponding to a creatinine clearance of 60 to 74 1/day (0.70-0.87ml/s).
FORTY	Impairment of renal function corresponding to a creatinine clearance of 50 to 59 1/day (0.58-0.70ml/s).
FORTY-FIVE	Impairment of renal function corresponding to a creatinine clearance of 50 to 59 1/day (0.58-0.70ml/s) and symptoms and signs of disease or dysfunction are incompletely controlled by surgical or continuous medical treatment.
SIXTY	Impairment of renal function corresponding to a creatinine clearance of 40 to 49 1/day (0.46-0.58ml/s).
SIXTY-FIVE	Impairment of renal function corresponding to a creatinine clearance of 40 to 49 1/day (0.46-0.58ml/s) and symptoms and signs of disease or dysfunction are incompletely controlled by surgical or continuous medical treatment.
SEVENTY	Impairment of renal function corresponding to a creatinine clearance of less than 40 1/day (0.46ml/s).

SCHEDULE 2—continued

SEVENTY-FIVE	Impairment of renal function corresponding to a creatinine clearance of less than 40 1/day (0.46ml/8) and symptoms and signs of disease or dysfunction are incompletely controlled by surgical or continuous medical treatment.
EIGHTY-FIVE	Deterioration of renal function requiring either peritoneal or haemodialysis.

SCHEDULE 2— continued

TABLE 23.

SKIN DISORDERS

NOTE:

In the evaluation of impairment resulting from a skin disorder, the actual functional loss is the prime consideration, rather than the extent of cosmetic or cutaneous involvement.

Impairment Rating	Criteria
NIL	Signs and symptoms of skin disorder present and with treatment there is NO limitation in the performance of normal daily activities.
FIVE	Signs and symptoms of skin disorder present and with treatment there is MINIMAL limitation in the performance of normal daily activities.
TEN	Signs and symptoms of skin disorder present despite intermittent treatment and result in some interference with normal daily activities.
FIFTEEN	Signs and symptoms of skin disorder present despite continuous treatment and results in some interference with normal daily activities.
TWENTY	Signs and symptoms of skin disorder present despite continuous treatment and needs some assistance with normal daily activities.
FORTY	Signs and symptoms of skin disorder present despite continuous treatment and needs considerable assistance with normal daily activities.
SIXTY	Very severe symptoms requiring continuous treatment which may include periodic confinement to home or hospital and needs considerable assistance with normal daily activities.

SCHEDULE 2—continued

TABLE 24.

ENDOCRINE IMPAIRMENTS

NOTE:

The effects of diabetes mellitus on other body systems eg. the vascular and visual systems should be assessed from the appropriate tables and combined with values from this table using the Combined Values Chart.

Impairment Rating		Criteria
NIL	Thyroid disease adequately controlled with thyoxine replacement.
Primary hyperparathyroidism; parathyroid adenoma removed; replacement therapy not indicated.
Asymptomatic Paget’s disease.
Asymptomatic osteoporosis or other bone disease WITH OR WITHOUT treatment.
Diabetes mellitus satisfactorily controlled by diet and/or tablets.
TEN	Thyroid disease which cannot be adequately treated.
Symptomatic Paget’s disease, osteoporosis or other bone disease WITH pain not completely controlled by continuous therapy.
Diabetes mellitus requiring insulin.
TWENTY	Diabetes mellitus not satisfactorily controlled despite vigorous therapy.

SCHEDULE 2—continued

TABLE 25. MISCELLANEOUS IMPAIRMENTS, FOR EXAMPLE MALIGNANCY, HYPERTENSION AND HIV INFECTION

NOTE:

Persons with Group III and IV HIV infection are usually manifestly incapacitated for work.

Impairment Rating	Criteria
NIL	Controlled hypertension.
Minor symptoms which are easily tolerated.
TEN	Mild to moderate symptoms which are irritating or unpleasant but which rarely prevent completion of any activity. Symptoms may cause loss of efficiency in some activities.
Malignancy with a fair prognosis (75% 5-year survival rate) or malignancy in remission.
Hypertension that is difficult to control despite intensive therapy but without end-organ damage.
Potentially life-threatening condition which is currently not interfering with daily activities.
FIFTEEN	More severe symptoms which are more distressing but prevent few everyday activities. Loss of efficiency is discernible elsewhere. Self-care is unaffected and independence is retained.

TWENTY	Marked loss of energy leads to avoidance of many daily tasks, most of which can be completed but rapidly cause fatigue (eg. malignancy).
THIRTY	Loss of efficiency discernible in many everyday activities. Some elements of self-care are restricted but in most respects independence is retained.
Malignant hypertension - severe, uncontrolled.
Inoperable, asymptomatic but potentially life-threatening aneurysm or malignancy.
FIFTY	Major restrictions in many everyday activities. Capacity for self-care is increasingly restricted, leading to partial dependence on others.
SIXTY-FIVE	Most everyday activities are prevented. Dependent on others for many kinds of self-care. Able to be maintained at home with considerable assistance and frequent medical care.

SCHEDULE 2—continued

TABLE 26. INTERMITTENT IMPAIRMENT

Intermittent disorders are those that remain asymptomatic between discrete episodes of impairment. They are rated by reference to severity, duration and frequency of attacks:

• severity during an attack is defined in the descriptions below;
• duration is defined in the descriptions below;
• frequency is determined by the number of affected days in a year.

An impairment rating using the above three factors is made by first coding severity and duration into an intermittent grading. The code is then combined with frequency, using Table 26.4, to give the rating.

When attacks vary in severity, duration or frequency, an average for each factor should be estimated. Only one rating for a given disorder may be made from Table 26.4. Further, the impairment rating is not combined with any other rating for the same disorder.

Acute exacerbations of chronic disorders cannot be measured using this table unless the chronic component is completely asymptomatic.

Some intermittent disorders may be rated using system-specific tables. The system-specific table is then used in preference.

SCHEDULE 2—continued

TABLE 26.2 Intermittent attack - duration

Level	Criteria
NIL	Minor symptoms which are easily tolerated.
ONE	Mild to moderate symptoms which are irritating or unpleasant but which rarely prevent completion of any activity, symptoms may cause loss of efficiency in some activities.
TWO	More severe symptoms which are distressing, but prevent few everyday activities. Loss of efficiency is discernible elsewhere. Self-care is unaffected and independence is retained.
THREE	Loss of efficiency is discernible in many everyday activities. Some elements of self-care are restricted but in most respects, independence is retained. Bed-rest is often necessary during an attack.
FOUR	Major restrictions in many everyday activities. Capacity for self-care is increasingly restricted, leading to partial dependence on others.
FIVE	Most everyday activities are prevented. Dependent on others for many kinds of self-care. Able to be maintained at home only with considerable difficulty, or hospital admission is required.
SIX	Total incapacity. Unconscious or delirious. Self-care is impossible.

TABLE 26.2 Intermittent attack - duration

Description

Duration

Transient Short

Lasting up to and including five minutes.

Lasting more than five minutes but less than 30 minutes.

Medium Prolonged

Lasting from 30 minutes to four hours.

lasting more than four hours.

SCHEDULE 2— continued

TABLE 26.3

Severity – grading code

Description	Severity Level
0	1	2	3	4	5	6
Transient	A	A	A	B	C	C	F
Short	A	A	C	C	D	E	H
Medium	A	B	C	D	E	H	I
Prolonged	A	C	D	F	G	I	J

An impairment rating is obtained using Table 26.3 and

Table 26.4:

• determine the intermittent grading code appropriate to the estimated severity and duration from Table 26.3 and
• make the impairment rating appropriate to the intermittent grading code and frequency from Table 26.4.

TABLE 26.4 Assignment of impairment rating

Frequency (Affected days/year)
2+	5+	10+	20+	40+	100+

Intermittent Grading code	Impairment rating
A	-	-	-	-	-	-
B	-	-	-	-	-	5
C	-	-	-	-	5	10
D	-	-	-	5	10	20
E	-	-	-	5	10	30
F	-	-	5	5	10	30
G	-	-	5	10	20	30
H	-	-	5	10	30	50
I	-	5	10	30	50	70
J	5	10	20	40	70	90

SCHEDULE 2—continued

TABLE 27.

GYNAECOLOGICAL CONDITIONS

Impairment Rating	Criteria
NIL	Minor symptoms which are easily tolerated. Minimal effect on daily functioning or work capacity.
FIVE	Mild symptoms frequently present which are irritating or unpleasant but there is minimal limitation in the performance of normal daily activities.
TEN	Moderate and frequent symptoms which result in some interference with normal daily activities and may cause occasional days off work. Treatment may be required or may be recognised as being of use.
FIFTEEN	More severe and frequent symptoms present despite treatment. Some interference with normal daily activities which may result in short periods of absence from work.
TWENTY	Moderate to severe symptoms frequently present despite continuous treatment, resulting in an inability to carry out some normal daily activities, particularly those requiring some exertion or extended periods of concentration.
THIRTY	More severe symptoms frequently present despite continuous treatment, resulting in discernible loss of efficiency in many everyday activities.
FORTY	Severe symptoms frequently present despite continuous treatment, resulting in need for considerable assistance with many daily activities.
FIFTY	Very severe symptoms requiring continuous treatment which may include periodic confinement to home or hospital, resulting in need for considerable assistance with normal daily activities.

NOTES

1.
No. 46, 1991, as amended. For previous amendments, see Nos. 68, 69, 70, 73, 74, 115 and 116, 1991.
2.
No. 42, 1974, as amended. For previous amendments, see No. 58, 1975; Nos. 59, 91, 101, 109 and 157, 1976; No. 75, 1977; Nos. 36, 89 and 133, 1978; Nos. 53 and 123, 1979; No. 132, 1980; Nos. 118 and 176, 1981; Nos. 49, 80 and 112, 1982; Nos. 54 and 139, 1983; Nos. 15, 46, 63, 120, 135 and 165, 1984; Nos. 24, 65, 70, 95 and 167, 1985; Nos. 28, 75 and 94, 1986; Nos. 44, 131, 132 and 141, 1987; Nos. 85, 87, 99 and 155, 1988; No. 95, 1989; and Nos. 3 and 119, 1990.
NOTES ABOUT SECTION HEADINGS IN SOCIAL SECURITY ACT 1991
1.
On the day on which subsections 1064 (1) and 1065 (1) are amended by the Schedule to this Act, the headings to sections 1064 and 1065 are altered by omitting “invalid” and substituting “disability support”.
2.
On the day on which paragraphs 1067 (1) (b) and 1068 (1) (b) are amended by the Schedule to this Act, the headings to sections 1067 and 1068 are altered by omitting “benefit” and substituting “allowance”.

[Minister’s second reading speech made in—

House of Representatives on 31 May a.m. 1991
Senate on 5 June 1991