Commonwealth of Australia
Social Security (Administration) Act 1999
Social Security (Method of Payment—Foreign Countries) Determination 2003
I, Roger Barson, Assistant Secretary, International Branch, Department of Family and Community Services and a delegate of the Secretary of the Department of Family and Community Services, make this determination under section 55 of the Social Security (Administration) Act 1999.
Dated Fourteenth July 2003.
Roger Barson
Assistant Secretary, International Branch
1. Name of determination
This determination is the Social Security (Method of Payment—Foreign Countries) Determination 2003.
2. Commencement
This determination commences on the day it is signed.
3. Interpretation
social security payment has the same meaning as in subsection 23(1) of the Social Security Act 1991.
4. Revocation of any existing determination
This determination revokes any determination made under:
(a) section 55 of the Social Security (Administration) Act 1999; or
(b) section 62, 124, 166, 216, 335, 383, 802, 866, 900AZG, 978, 1015 or 1061EZA of the Social Security Act 1991 as in force immediately prior to 20 March 2000; or
(c) subsection 161(1) of the Social Security Act 1947 as in force immediately prior to 1 July 1991;
provided that the determination, if any:
(d) only applies to a social security payment that was payable to a person residing overseas; and
(e) the determination was a general exemption determination that applied to all recipients of a social security payment residing overseas unless a specific determination under any of the provisions specified in paragraphs (a), (b) or (c) applied in a particular case.
5. Cheque payment for recipients of a social security payment residing in foreign countries not mentioned in section 6
If a person is:
(a) receiving a social security payment; and
(b) residing in a foreign country that is not a foreign country specified in section 6 of this determination;
then the person’s social security payment is to be paid by way of a cheque payment.
6. Direct credit payments for recipients of a social security payment residing in specified countries
Subject to section 7, if a person is a recipient of a social security payment residing in:
(a) Austria;
(b) Canada;
(c) Czech Republic;
(d) Denmark;
(e) Finland;
(f) France;
(g) Germany;
(h) Greece;
(i) Hong Kong;
(j) Ireland;
(k) Israel;
(l) Italy;
(m) Netherlands;
(n) New Zealand;
(o) Norway;
(p) Portugal;
(r) Singapore;
(s) Spain;
(t) Sweden;
(u) Turkey;
(v) United Kingdom;
(w) United States of America;
then the person’s social security payment is to be paid by way of direct credit.
7. Exception determination to section 6
A person who:
(a) is in receipt of a social security payment; and
(b) resides in one of the countries specified in section 6;
is able to have their social security payment paid to them in a manner other than by way of a direct credit provided that:
(c) another determination (the new determination) under subsection 55(4) of the Social Security (Administration) Act 1999 is made revoking this determination in respect of that person; and
(d) the new determination specifies a method of payment other than by way of a direct credit to that person.
Overview
The Social Security (Method of Payment—Foreign Countries) Determination 2003 was made under section 55 of the Social Security (Administration) Act 1999 by Roger Barson, Assistant Secretary, International Branch, Department of Family and Community Services, a delegate of the Secretary of the Department of Family and Community Services. This determination was introduced to address the issue of how social security payments should be made to recipients residing in foreign countries. It aims to streamline and standardize the method of payment to ensure efficiency and reliability in reaching beneficiaries overseas. The determination revokes any existing determinations that applied to social security payments for overseas residents and establishes specific methods of payment based on the recipient's country of residence.
Scope and Application
The Social Security (Method of Payment—Foreign Countries) Determination 2003 applies to individuals who are recipients of a social security payment and reside in foreign countries, as defined by the Social Security Act 1991. The determination is applicable to a broad range of social security payments and is intended to regulate the method by which such payments are made to recipients based on their country of residence. The determination revokes any existing determinations that applied to social security payments made to recipients residing overseas, unless they are specifically exempted under particular provisions. For recipients residing in countries not specified in section 6 of the determination, their social security payments are to be made by cheque. Conversely, for recipients residing in specified countries such as Austria, Canada, and the United Kingdom, their payments are to be made via direct credit. However, there is a provision that allows for an alternative method of payment if a new determination is made under the Social Security (Administration) Act 1999, revoking the current determination for a particular recipient and specifying a different method of payment.
Key Provisions
The main operative sections of the Social Security (Method of Payment—Foreign Countries) Determination 2003 establish the method of payment for social security recipients residing in foreign countries. Section 5 mandates that cheques are to be used for payments to recipients in countries not specified in Section 6. Section 6, however, details that direct credit payments are to be used for recipients in specific countries, such as Austria, Canada, and the United Kingdom, among others. Section 7 allows for an exception to the direct credit payment method if a new determination is made under subsection 55(4) of the Social Security (Administration) Act 1999, specifying a different payment method for certain recipients.
The Act imposes specific obligations on the Department of Family and Community Services to ensure that social security payments are made in accordance with the Determination. For instance, the department must identify the country of residence of the recipient and ensure that the payment method aligns with the provisions outlined in Sections 5 and 6. Furthermore, if a recipient residing in one of the countries listed in Section 6 wishes to change their payment method, the department is obligated to process any new determination under subsection 55(4) of the Social Security (Administration) Act 1999, as stipulated in Section 7.
Breaches of the requirements set forth in the Determination can lead to civil or criminal consequences, depending on the nature and intent of the violation. While the Determination does not explicitly state the penalties, breaches of the Social Security Act 1999 can attract fines and imprisonment. The maximum penalties are not specified in this Determination but can be found in the principal Act or related legislation. It is essential for the department and recipients to adhere to the provisions to avoid any legal repercussions.