Social Services Legislation Amendment (Overseas Welfare Recipients Integrity Program) Act 2019

Administered by Department of Social Services

Legislation au C2019A00074 In force Act

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Social Services Legislation Amendment (Overseas Welfare Recipients Integrity Program) Act 2019

 

No. 74, 2019

 

 

 

 

 

An Act to amend the Social Security (Administration) Act 1999, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Proof of life certificates

Part 1—General amendments

Social Security Act 1991

Social Security (Administration) Act 1999

Part 2—Cessation of widow B pension and wife pension

Social Security (Administration) Act 1999

 

 

 

Social Services Legislation Amendment (Overseas Welfare Recipients Integrity Program) Act 2019

No. 74, 2019

 

 

 

An Act to amend the Social Security (Administration) Act 1999, and for related purposes

[Assented to 20 September 2019]

The Parliament of Australia enacts:

1  Short title

  This Act is the Social Services Legislation Amendment (Overseas Welfare Recipients Integrity Program) Act 2019.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

20 September 2019

2.  Schedule 1, Part 1

As follows:

(a) if this Act receives the Royal Assent before 19 September 2019—1 October 2019;

(b) if this Act receives the Royal Assent on or after 19 September 2019—the day after the end of the period of 3 months beginning on the day this Act receives the Royal Assent.

20 December 2019

(paragraph (b) applies)

3.  Schedule 1, Part 2

The later of:

(a) the start of 20 March 2020; and

(b) immediately after the commencement of the provisions covered by table item 2.

20 March 2020

(paragraph (a) applies)

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Proof of life certificates

Part 1—General amendments

Social Security Act 1991

1  Subsection 146V(1)

Omit “section 85”, substitute “sections 85 and 85AA”.

2  Subsection 362A(3)

After “section 85”, insert “or 85AA”.

Social Security (Administration) Act 1999

3  Before subsection 63(3)

Insert:

Secretary may require person to provide proof of life certificate etc.

 (2AA) Subsections (2AB) and (2AC) apply to a person if:

 (a) the person has reached 80 years of age; and

 (b) the person is receiving any of the following social security payments:

 (i) age pension;

 (ii) carer payment;

 (iii) disability support pension;

 (iv) widow B pension;

 (v) wife pension; and

 (c) the person was continuously absent from Australia throughout the previous 2 years.

 (2AB) The Secretary may notify a person to whom this subsection applies that:

 (a) the person is required, within the 13‑week period beginning when the notice is given, to give the Secretary a proof of life certificate that:

 (i) relates to the person; and

 (ii) was completed within that 13‑week period; and

 (b) the requirement does not apply if the person enters Australia within that 13‑week period.

 (2AC) If this subsection applies to a person, the Secretary must notify the person under subsection (2AB) at least once every 2 years.

4  Subsections 63(5) and (7)

After “subsection (2)”, insert “, (2AB)”.

5  After section 63

Insert:

63A  Proof of life certificate

 (1) For the purposes of this Act, a proof of life certificate that relates to a person is a certificate that:

 (a) is expressed to relate to the person; and

 (b) complies with the requirements of subsections (2), (3), (4), (5) and (6); and

 (c) is in a form approved by the Secretary; and

 (d) contains such other information (if any) as required by the approved form.

 (2) A proof of life certificate that relates to a person must include a statement to the effect that the person is alive.

 (3) The statement mentioned in subsection (2) must be:

 (a) signed and dated by the person; or

 (b) if:

 (i) the approved form allows another person to sign the statement on behalf of the person if one or more specified requirements are met; and

 (ii) those requirements are met;

  signed and dated by the other person.

 (4) A proof of life certificate that relates to a person must include a statement by an authorised certifier to the effect that:

 (a) the authorised certifier has sighted the person while in the physical presence of the person; and

 (b) the authorised certifier has verified the identity of the person using the method, or one of the methods, set out in the approved form; and

 (c) the authorised certifier is satisfied that the person is alive.

 (5) The statement mentioned in subsection (4) must be signed and dated by the authorised certifier.

 (6) Both:

 (a) the statement mentioned in subsection (2); and

 (b) the statement mentioned in subsection (4);

must be signed and dated within a 7‑day period.

Compliance with form

 (7) Section 25C of the Acts Interpretation Act 1901 does not apply to a proof of life certificate.

Authorised certifier

 (8) For the purposes of this section, an authorised certifier is a person included in a class of persons specified in a determination under subsection (9).

 (9) The Secretary may, by legislative instrument, determine one or more classes of persons for the purposes of subsection (8).

 (10) To avoid doubt, it is immaterial whether any or all of the persons included in such a class are in or outside Australia.

6  Paragraphs 64(1)(b) and (4)(b)

After “subsection 63(2)”, insert “, (2AB)”.

7  Section 85 (at the end of the heading)

Add “—general”.

8  After section 85

Insert:

85AA  Resumption of payment after cancellation or suspension—provision of proof of life certificate

Resumption of payment after suspension

 (1) If:

 (a) a person’s social security payment is suspended under section 80; and

 (b) the suspension is attributable to the person’s failure to give the Secretary a proof of life certificate in compliance with a notice under subsection 63(2AB); and

 (c) either:

 (i) a proof of life certificate relating to the person is given to the Secretary; or

 (ii) the person enters Australia; and

 (d) if subparagraph (c)(i) applies—the proof of life certificate was completed during the 26‑week period ending when the certificate was given to the Secretary;

the Secretary must:

 (e) under section 126, review the suspension of the person’s social security payment; and

 (f) as a result of the review, determine that the social security payment is payable to the person as if the payment had never been suspended.

Resumption of payment after cancellation

 (2) If:

 (a) a person’s social security payment is cancelled under section 80; and

 (b) the cancellation is attributable to the person’s failure to give the Secretary a proof of life certificate in compliance with a notice under subsection 63(2AB); and

 (c) a proof of life certificate relating to the person is given to the Secretary; and

 (d) the proof of life certificate was completed during the 12‑month period ending when the certificate was given to the Secretary;

the Secretary may:

 (e) under section 126, review the cancellation of the person’s social security payment; and

 (f) as a result of the review, determine that the social security payment is payable to the person as if the payment had never been cancelled.

Resumption of wife pension

 (3) If:

 (a) a person’s wife pension is suspended under section 80; and

 (b) the suspension is attributable to the failure of the person’s partner to give the Secretary a proof of life certificate in compliance with a notice under subsection 63(2AB); and

 (c) either:

 (i) a proof of life certificate relating to the person’s partner is given to the Secretary; or

 (ii) the person’s partner enters Australia; and

 (d) if subparagraph (c)(i) applies—the proof of life certificate was completed during the 26‑week period ending when the certificate was given to the Secretary;

the Secretary must:

 (e) under section 126, review the suspension of the person’s wife pension; and

 (f) as a result of the review, determine that the wife pension is payable to the person as if the wife pension had never been suspended.

 (4) If:

 (a) a person’s wife pension is cancelled under section 80; and

 (b) the cancellation is attributable to the failure of the person’s partner to give the Secretary a proof of life certificate in compliance with a notice under subsection 63(2AB); and

 (c) a proof of life certificate relating to the person’s partner is given to the Secretary; and

 (d) the proof of life certificate was completed during the 12‑month period ending when the certificate was given to the Secretary; and

 (e) as a result of the giving of the proof of life certificate, the Secretary makes a determination under subsection (2) that a social security payment is payable to the person’s partner;

the Secretary must:

 (f) under section 126, review the cancellation of the person’s wife pension; and

 (g) as a result of the review, determine that the wife pension is payable to the person as if the wife pension had never been cancelled.

9  Subdivision B of Division 9 of Part 3 (heading)

Before “or 85A”, insert “, 85AA”.

10  Section 108 (definition of favourable determination)

Before “or 85A”, insert “, 85AA”.

11  Subclause 1(1) of Schedule 1

Insert:

proof of life certificate has the meaning given by section 63A.

Part 2—Cessation of widow B pension and wife pension

Social Security (Administration) Act 1999

12  At the end of subparagraph 63(2AA)(b)(iii)

Add “and”.

13  Subparagraphs 63(2AA)(b)(iv) and (v)

Repeal the subparagraphs.

14  Subsections 85AA(3) and (4)

Repeal the subsections.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 25 July 2019

Senate on 10 September 2019]

 

(122/19)

 

Overview

The Social Services Legislation Amendment (Overseas Welfare Recipients Integrity Program) Act 2019, enacted by the Parliament of Australia on 20 September 2019, amends the Social Security (Administration) Act 1999 to address the issue of welfare recipients residing overseas who may be deceased or otherwise unable to claim their entitlements. This Act aims to introduce measures that ensure welfare payments are only made to those who are alive and eligible to receive them. The primary policy objective is to strengthen the integrity of the social security system by requiring proof of life from certain overseas recipients of social security payments, thereby preventing payments to deceased individuals or those who have left Australia without cancelling their entitlements. This Act introduces the concept of proof of life certificates for certain social security recipients who are over 80 years of age and have been continuously absent from Australia for the previous two years. The Secretary of the Department of Human Services is empowered to require these individuals to provide a proof of life certificate within a specified period, typically every two years, to continue receiving their social security payments. Failure to comply with this requirement can result in the suspension or cancellation of payments, which may be reinstated if the individual provides a valid proof of life certificate or returns to Australia within certain timeframes. This legislative amendment seeks to enhance the accountability and efficiency of the social security system by ensuring that benefits are accurately distributed only to those who are genuinely in need and eligible to receive them.

Scope and Application

The Social Services Legislation Amendment (Overseas Welfare Recipients Integrity Program) Act 2019 applies to individuals who are over 80 years of age and are receiving specific social security payments, such as the age pension, carer payment, disability support pension, widow B pension, or wife pension, and have been continuously absent from Australia for the two years preceding the requirement to provide a proof of life certificate. This Act amends the Social Security (Administration) Act 1999 and introduces provisions for proof of life certificates to ensure that individuals receiving these payments are alive and still eligible to do so. The Secretary may require these individuals to provide a proof of life certificate within a 13-week period after receiving a notice to do so, and this requirement applies every two years. The Act also outlines the specific requirements for a proof of life certificate, including statements to be signed and dated by the individual and an authorised certifier. The Act extends its reach across the Commonwealth of Australia and will come into effect in stages, with specific provisions commencing on 20 September 2019, 20 December 2019, and 20 March 2020. The Act also repeals certain provisions related to widow B pension and wife pension under the Social Security (Administration) Act 1999. The Act does not specify any exclusions, exemptions, or thresholds within its provisions. However, the Act allows the Secretary to determine one or more classes of persons who can act as authorised certifiers for the purposes of verifying the individual's identity and signing the proof of life certificate. The Act does not restrict the application through subordinate instruments, as it is self-contained in its provisions.

Key Provisions

The Social Services Legislation Amendment (Overseas Welfare Recipients Integrity Program) Act 2019 primarily amends the Social Security (Administration) Act 1999 to introduce requirements for overseas welfare recipients to provide proof of life certificates to maintain eligibility for certain social security payments. Specifically, section 63 of the Social Security (Administration) Act 1999 is amended to require individuals who have reached 80 years of age and have been continuously absent from Australia for at least two years to provide a proof of life certificate to the Secretary. Section 63A outlines the requirements for these certificates, which must include a statement of the individual's survival and be signed and dated by both the individual and an authorised certifier within a 7-day period. The Secretary is empowered to determine classes of authorised certifiers through a legislative instrument. The Act imposes obligations on eligible individuals to provide proof of life certificates to the Secretary at least once every two years. Failure to comply with these requirements may result in the suspension or cancellation of social security payments under sections 80 and 85AA of the Social Security (Administration) Act 1999. However, if a proof of life certificate is provided within specific timeframes after the suspension or cancellation, the Secretary may resume the payments as if they had never been suspended or cancelled. Additionally, the Act removes the eligibility for widow B and wife pensions for individuals who fail to provide proof of life certificates, as outlined in sections 63(2AA)(b)(iv) and (v) and subsections 85AA(3) and (4). The Act does not explicitly outline criminal or civil penalties for non-compliance with the proof of life certificate requirements. However, the suspension or cancellation of social security payments for failure to provide these certificates constitutes a significant consequence. These provisions aim to ensure the integrity of welfare programs by verifying the continued existence of recipients who are absent from Australia.

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Social Security Law
Instrument
Act
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Commencement Provisions
Reporting & Disclosure Obligations
Repeal & Amendment

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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.