Social Security (Dependants—Concession Cards) Declaration 2018

Administered by Department of Social Services

Legislation au F2018L00928 In force Legislative Instrument

Legislation content

Social Security (Dependants—Concession Cards) Declaration 2018

made under subsection 240B(5) of the

Social Security (Administration) Act 1999

Compilation No. 1

Compilation date: 19 March 2024

Includes amendments: F2024L00320

Registered: 23 July 2024

About this compilation

This compilation

This is a compilation of the Social Security (Dependants—Concession Cards) Declaration 2018 that shows the text of the law as amended and in force on 19 March 2024 (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 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 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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1—Preliminary

1. Name of declaration

3. Authority

4. Interpretation

Part 2—Dependants for Holders of Pensioner Concession Card or Health Care Card

5. Dependants for pensioner concession card or health care card purposes

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

 

1.  Name of declaration

  This declaration is the Social Security (Dependants—Concession Cards) Declaration 2018.

3.  Authority

  This declaration is made under subsection 240B(5) of the Social Security (Administration) Act 1999.

4.  Interpretation

Administration Act means the Social Security (Administration) Act 1999;

dependant has the same meaning as in Part 2A.1 of the Social Security Act 1991;

member of a couple has the meaning given by subsection 4(1) of the Social Security Act 1991;

member of the family unit has the same meaning as in the Migration Act 1958;

partner has the meaning given by subsection 4(1) of the Social Security Act 1991;

permanent visa has the meaning given by subsection 30(1) of the Migration Act 1958;

protection visa has the meaning given by section 35A of the Migration Act 1958;

temporary visa has the meaning given by subsection 30(2) of the Migration Act 1958.

Part 2—Dependants for Holders of Pensioner Concession Card or Health Care Card

 

5.  Dependants for pensioner concession card or health care card purposes

Temporary visa holder

 (1) A person who:

 (a) is the holder of a temporary visa; and

 (b) has applied for a permanent visa and the application has not been withdrawn or otherwise finally determined; and

 (c) has not made an application for a protection visa (whether or not the person has applied for any other visa), other than an application that has been withdrawn or otherwise finally determined; and

 (d) is, or has been, in Australia as the holder of a temporary visa

is declared to be a person to whom subparagraph 240B(4)(a)(iii) of the Administration Act applies.

Other visa holders

 (2) A person who:

 (a) is the holder of any of a:

 (i) subclass 449 (Humanitarian Stay (Temporary)) visa;

 (ii) subclass 785 (Temporary Protection) visa;

 (iii) subclass 786 (Temporary (Humanitarian Concern)) visa; or

 (iv) subclass 790 (Safe Haven Enterprise) visa; and

 (b) is, or has been, in Australia as the holder of a relevant visa

is declared to be a person to whom subparagraph 240B(4)(a)(iii) of the Administration Act applies.

Visa holders connected with the Pacific Australia Labour Mobility scheme

 (3) A person who is, or has been, in Australia as the holder of a visa granted on the basis that the person is a member of the family unit of another person (the other person), where the other person:

 (a) is, or has been, in Australia as the holder of a visa granted on the basis that the other person is a participant, as a worker, in the scheme known as the Pacific Australia Labour Mobility scheme; and

 (b) has been approved by a Department, in the course of administering the Pacific Australia Labour Mobility scheme, to bring members of the family unit of the other person to Australia;

is declared to be a person to whom subparagraph 240B(4)(a)(iii) of the Administration Act applies.

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Social Security (Dependants—Concession Cards) Declaration 2018

28 June 2018 (F2018L00928)

1 April 2017 (s 2(1) item 1)

 

Social Security (Dependants–Concession Cards) Amendment (Visa Holders Connected with the Pacific Australia Labour Mobility Scheme) Declaration 2024

18 Mar 2024 (F2024L00320)

19 Mar 2024 (s 2(1) item 1)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.....................

rep LA s 48D

s 4.....................

am F2024L00320

Part 2

 

s 5.....................

am F2024L00320

 

Overview

The Social Security (Dependants—Concession Cards) Declaration 2018 was enacted to address the eligibility criteria for concession card holders under the Social Security (Administration) Act 1999. This legislative instrument was made by the Australian Government and aims to clarify who qualifies as a dependant for the purposes of receiving pensioner concession cards or health care cards. The declaration defines specific categories of visa holders who are eligible to be considered as dependants, ensuring that these individuals can access the necessary social security benefits. It is important for legal practitioners to understand this declaration as it directly impacts the eligibility and entitlements of various visa holders in Australia.

Scope and Application

The Social Security (Dependants—Concession Cards) Declaration 2018 applies to certain categories of visa holders who are eligible for dependants' concessions under the Social Security (Administration) Act 1999. Specifically, it declares that temporary visa holders who have applied for a permanent visa but have not made an application for a protection visa, certain other specific temporary visa holders, and individuals who are members of the family unit of a participant in the Pacific Australia Labour Mobility scheme, are considered eligible for these concessions. This declaration extends to persons who are, or have been, in Australia as holders of the specified visas. The legislation operates at the Commonwealth level and its application is not restricted to specific states or territories within Australia. Subordinate instruments may extend or further define the scope of this declaration, but the primary legislation itself does not explicitly state any exclusions, exemptions, or thresholds beyond those outlined in the declaration.

Key Provisions

The Social Security (Dependants—Concession Cards) Declaration 2018, made under subsection 240B(5) of the Social Security (Administration) Act 1999, outlines the categories of individuals eligible for pensioner concession cards or health care cards. The primary sections of the declaration, namely sections 2 and 5, specify the conditions under which certain visa holders qualify as dependants for these concession cards. Section 2 declares that temporary visa holders, who are in the process of applying for a permanent visa, are considered dependants if they have not applied for a protection visa and have been in Australia as temporary visa holders. Section 5 further expands this definition to include holders of specific humanitarian visas (subclass 449, 785, 786, and 790), as well as those in Australia under the Pacific Australia Labour Mobility scheme. The obligations imposed by the declaration primarily concern the eligibility criteria for concession cards. Visa holders who meet the specified conditions are eligible to apply for these cards, which entitle them to certain social security benefits and concessions. The declaration also mandates that relevant authorities verify the visa status and other eligibility criteria of applicants to ensure compliance with the conditions outlined in the legislation. Breaches of the provisions of this declaration may result in civil or criminal consequences. While the declaration itself does not explicitly state penalties, violations of related provisions in the Social Security (Administration) Act 1999 may attract penalties under that Act. For instance, providing false information to obtain a concession card could lead to fines or other penalties as prescribed in the Act. The specific penalties would depend on the nature and severity of the breach, but they may include fines and, in more serious cases, imprisonment.

Legal classification tags

Area of Law
Social Security Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Licensing & Registration

Interactions

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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.