Social Security (Administration) (Payment Pending Review) (DEEWR) Guidelines 2009

Administered by Department of Employment, Skills, Small and Family Business

Legislation au F2009L01802 Not in force Legislative Instrument

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Social Security (Administration) (Payment Pending Review) (DEEWR) Guidelines 2009

made under sections 132 and 146 of the Social Security (Administration) Act 1999

Compilation No. 1  

Compilation date:   10 August 2019

Includes amendments up to: Social Security (Administration) (Payment Pending Review) (DSS) Guidelines 2019

 

About this compilation

 

This compilation

This is a compilation of the Social Security (Administration) (Payment Pending Review) (DEEWR) Guidelines 2009 that shows the text of the law as amended and in force on 10 August 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

 

 

Part 1 Preliminary

1 Name of guidelines

  These guidelines are the Social Security (Administration) (Payment Pending Review) (DEEWR) Guidelines 2009.

2 Commencement

  These guidelines commence on 1 July 2009.

3 Revocation and transitional

 (1) The following instruments are revoked:

 (a) the Social Security (Payment Pending—ARO Application for Review) (DEST) Guidelines 2007;

 (b) the Social Security (Payment Pending—ARO Application for Review) (DEWR) Guidelines 2007;

 (c) the Social Security (Payment Pending—SSAT Application for Review) (DEST) Guidelines 2007;

 (d) the Social Security (Payment Pending—SSAT Application for Review) (DEWR) Guidelines 2007.

 (2) However, an instrument revoked by subsection (1) continues to apply in relation to a compliance penalty period that is in effect on or after 1 July 2009 because of the operation of subitem 56 (2) or (3) of Schedule 1 to the Social Security Legislation Amendment (Employment Services Reform) Act 2009.

4 Definition

  In these guidelines:

Act means the Social Security (Administration) Act 1999.

Part 2 Guidelines

Division 1 Payment pending review of decisions in relation to participation payments

5 Application

  For sections 131 and 145 of the Act, the guidelines in this Division apply to adverse decisions in relation to participation payments other than special benefit.

Note   Guidelines for sections 131 and 145 of the Act applicable to adverse decisions in relation to special benefit are the Social Security (Administration) (Payment Pending Review) (FaHCSIA) Guidelines 2009.

6 Declaration continuing payment during a compliance penalty period

  If a person in receipt of a participation payment:

 (a) is subject to an adverse decision that results in the application of a compliance penalty period under subsection 42P (1) or 42S (1) of the Act; and

 (b) applies for review of the adverse decision under section 129 or 142 of the Act; and

 (c) the compliance penalty period has not ended before the person applies for review;

the Secretary may declare under section 131 or 145 of the Act, as the case may be, that:

 (c) the participation payment is payable to the person from the date that the compliance penalty period commenced or is to commence; and

 (d) the participation payment is to continue to be payable to the person pending the determination of the review, as if the adverse decision had not been made.

Note 1   A declaration under section 131 or 145 takes effect on the day it is made or an earlier day specified in the declaration: see paragraphs 131 (5) (a) and 145 (4) (a) of the Act.

Note 2   A declaration under section 131 or 145 ceases to have effect on the day the application for review is withdrawn, when the declaration is revoked by the Secretary, or 13 weeks after a decision reviewing the adverse decision is made: see paragraphs 131 (5) (b) and 145 (4) (b) of the Act.

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Social Security (Administration) (Payment Pending Review) (DSS) Guidelines 2019

9 August 2019 F2019L01046

10 August 2019

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

Division 2 of Part 2

rep F2019L01046

 

 

Overview

The Social Security (Administration) (Payment Pending Review) (DEEWR) Guidelines 2009, enacted under sections 132 and 146 of the Social Security (Administration) Act 1999, address the problem of ensuring that individuals receiving participation payments, excluding special benefits, continue to receive their payments while their adverse decisions are under review. The guidelines allow the Secretary to declare that participation payments will continue to be paid to a person during a compliance penalty period if the person applies for a review of the adverse decision. This was enacted by the Parliament of Australia to streamline and provide clarity in the administration of social security payments pending review, ensuring that affected individuals are not unduly disadvantaged during the review process. The objective of these guidelines is to facilitate a smoother and more transparent review process while maintaining the financial support for individuals during this period.

Scope and Application

The Social Security (Administration) (Payment Pending Review) (DEEWR) Guidelines 2009 apply to adverse decisions concerning participation payments, excluding special benefit, under sections 131 and 145 of the Social Security (Administration) Act 1999. These guidelines are specifically intended to address situations where a person subject to an adverse decision that triggers a compliance penalty period applies for a review of that decision. In such cases, the Secretary may declare that participation payments will continue to be made to the person from the start of the compliance penalty period and will remain payable until the review is concluded. This applies at the Commonwealth level, and the guidelines are effective as of 1 July 2009. Notably, these guidelines do not cover adverse decisions related to special benefits, for which separate guidelines, the Social Security (Administration) (Payment Pending Review) (FaHCSIA) Guidelines 2009, are applicable. The guidelines can be further extended or modified through subordinate instruments, as necessary, to adapt to evolving administrative practices or legislative amendments.

Key Provisions

The Social Security (Administration) (Payment Pending Review) (DEEWR) Guidelines 2009, which are governed by sections 132 and 146 of the Social Security (Administration) Act 1999, provide a framework for the payment of social security benefits while a review of an adverse decision is pending. Section 6 of these guidelines specifies that they apply to adverse decisions concerning participation payments, except for special benefits, which are covered under separate guidelines. These guidelines are intended to ensure that individuals in receipt of participation payments are not left without support while their cases are under review. Under these guidelines, the Secretary has the authority to declare that a participation payment will continue to be payable to a person who is subject to an adverse decision, provided that the person applies for a review of the decision and the compliance penalty period has not yet ended. This declaration allows the payment to be made as if the adverse decision had not occurred, ensuring that the individual's financial situation remains stable during the review process. This is contingent upon the person lodging an application for review under section 129 or 142 of the Act before the compliance penalty period ends. These guidelines impose obligations on both the Secretary and the applicants. The Secretary must assess the eligibility of applicants for the continuation of payments and make the necessary declarations under sections 131 or 145 of the Act. Applicants, on the other hand, must apply for a review of the adverse decision within the stipulated timeframe to qualify for the continuation of their payments. The Secretary's declarations will cease to have effect if the applicant withdraws their review application, if the Secretary revokes the declaration, or if 13 weeks pass after a decision reviewing the adverse decision is made. Breach of the provisions contained in these guidelines could lead to legal consequences. While the guidelines themselves do not explicitly state penalties for non-compliance, violations of the underlying Act or associated regulations could result in penalties. For instance, under the Social Security (Administration) Act 1999, penalties may be imposed for providing false or misleading information, which could result in financial penalties or imprisonment, depending on the severity of the breach. The specific penalties for such offences are detailed in the Act and can vary based on the circumstances of the case.

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Social Security Law
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Legislative Instrument
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Reporting & Disclosure Obligations
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.