Social Security Act 1991

The Secretary may determine (a top up determination) that a person’s pension bonus is to be increased if:

the Secretary makes a determination (a rate determination) increasing the person’s rate of age pension; and

the rate of age pension is increased in circumstances specified in an instrument made under subsection (6).

The person’s pension bonus is increased by the amount specified by the Secretary in the top up determination.

The Secretary must not specify an increase that would be greater than the difference between:

the person’s amount of pension bonus on the start day for the bonus; and

the amount that would have been the person’s amount of pension bonus on the start day if the person’s rate of age pension on that day had been the rate specified in the rate determination.

A top up determination takes effect on the day on which the determination is made or on any earlier or later day specified in the determination.

A top up determination is not a legislative instrument.

The Secretary may, by legislative instrument, specify circumstances (other than circumstances specified in subsection 93K(1)) for the purposes of paragraph (1)(b).