Volume 1
Part 1 — Preliminary
s 1 Short title s 2 Commencement s 2A Application of the Criminal Code s 3 Interpretation s 5 Manner of giving notice s 6 Effect of certain determinations s 6A Secretary may arrange for use of computer programs to make decisions s 6B Norfolk Island Part 2 — General administration of social security law
s 7 General administration of social security law s 8 Principles of administration s 10 Agreement on administrative arrangements Part 3 — Provision of benefits
Division 1 — Claim for social security payment or concession card
Subdivision A — Need for claim
s 11 General rule Subdivision B — Cases where claim not necessary
s 12 Deemed claim in certain cases s 12A One‑off payment to the aged s 12AA One‑off payments to carers s 12AB Economic security strategy payment and training and learning bonus s 12AC One‑off energy assistance payment s 12AD 2019 one‑off energy assistance payment s 12AE 2020 economic support payment s 12AF Additional economic support payments s 12AG Remote engagement program payment s 12AH 2022 cost of living payment s 12B Language, literacy and numeracy supplement s 12C Utilities allowance s 12D Energy supplement s 12DA Quarterly pension supplement s 12DB Quarterly energy supplement s 12E Child disability assistance s 12F Carer allowance s 12G Carer supplement s 12H Relocation scholarship payment s 12K Clean energy advance s 12L FHA supplement and relief payment s 13 Deemed claim—person contacting Department about a claim for a social security payment s 14 Deemed claim—person contacting Department about a claim for a concession card s 14A Determination for purposes of sections 13 and 14 s 15 Deemed claim—incorrect or inappropriate claims s 15A Deemed claim—certain claims for carer allowance Subdivision C — Manner of making a claim
s 16 How to make a claim s 17 Special requirements regarding claims for pension bonus s 18 Additional provisions regarding claim for special employment advance s 19 Special requirements regarding claims for essential medical equipment payment Subdivision E — Time limits for claims for pension bonus
s 20 Interpretation s 21 General rule s 22 Last bonus period a full‑year period s 23 Last bonus period a part‑year period s 24 Claim by exempt partnered person s 25 Claim where membership has become non‑accruing s 26 Claim where person has post‑75 work period Subdivision EA — Time limits for claims for pension bonus bereavement payment
s 26A General rule s 26B Extension Subdivision EB — Time limits for claims for student start‑up loans
s 26C Time limit for claim Subdivision F — Time limit for claims for fares allowance
s 27 Time limit for claim Subdivision FAA — Time limit for claims for Disaster Recovery Allowance
s 27AA Time limit for claims for Disaster Recovery Allowance Subdivision FA — Time limit for claims for AGDRP
s 27A Time limit for claim Subdivision FB — Time limit for claims for AVTOP
s 27B Time limit for claims for AVTOP Subdivision G — Age requirement for certain claims
s 28 Claims for disability support pension Subdivision H — Residence requirements for claimants
s 29 General rule s 30 Residence requirements for claimants for special benefit s 30A Exclusion from section 29 residence requirement of crisis payment claimants holding certain visas s 31 Exclusion of certain claims from requirements of section 29 s 31A Exclusion of certain claims by special category visa holders from section 29 residence requirement Subdivision I — Withdrawal of claim
s 33 Right to withdraw s 34 Manner of withdrawal Subdivision J — Special provision for certain claims
s 35 Claims by persons in gaol etc s 35A Claims for advance pharmaceutical allowance s 35B Secondary victim claims for AVTOP Division 2 — Determination of claim
s 36 Obligation of Secretary to determine claim s 37 Grant of claim s 37AA Grant of claim—schooling requirements s 37AB Grant of claim—eligibility requirements taken to be satisfied etc s 37A Duration of certain health care cards s 38 Refusal of claim for special employment advance s 39 Deemed refusal of claim s 40 Rejection of claim for failure to obtain foreign payment Division 2A — Employment pathway plans Subdivision A — Entry into employment pathway plans
s 40A Requirement to enter into employment pathway plans s 40B Use of technological processes s 40C Use of questionnaire s 40D Employment pathway plans—plans developed by the Employment Secretary s 40E Employment pathway plans—streamlined processes s 40F Employment pathway plan matters s 40G Employment pathway plans—examples of requirements Subdivision B — What employment pathway plans must not contain
s 40H Employment pathway plans not to contain requirements about undertaking unsuitable paid work s 40J Employment pathway plans not to contain requirements to participate in an approved program of work s 40K Employment pathway plans not to contain certain other requirements Subdivision C — Exemptions from employment pathway plan requirements
s 40L Circumstances making it unreasonable etc. to comply with requirements s 40M Death of person’s partner s 40N Domestic violence s 40P Caring responsibilities s 40Q Pre‑natal and post‑natal relief s 40R Persons engaged in work s 40S Jobseeker payment rules only s 40T Exceptional circumstances s 40U General rules Subdivision D — Variation, cancellation and review of employment pathway plans
s 40V Variation, cancellation and review of employment pathway plans Subdivision E — Notification of circumstances preventing or affecting compliance with employment pathway plans
s 40W Notification of circumstances preventing or affecting compliance with employment pathway plans Division 2B — Circumstances in which paid work is unsuitable
s 40X Circumstances in which paid work is unsuitable Division 2C — Guidelines
s 40Y Guidelines Division 3 — Commencement of social security payment
s 41 Commencement s 42 Start day Division 3AA — Compliance with participation payment obligations: persons other than declared program participants
Subdivision A — Introduction
s 42AA Simplified outline of this Division s 42AB Division not to apply to declared program participants Subdivision B — Failures for which compliance action must be taken
s 42AC Mutual obligation failures s 42AD Work refusal failures s 42AE Unemployment failures Subdivision C — Compliance action that must be taken for particular failures
s 42AF Compliance action for mutual obligation failures s 42AG Compliance action for work refusal failures s 42AH Compliance action for unemployment failures s 42AI Reasonable excuses—matters that must or must not be taken into account s 42AJ Reasonable excuses for mutual obligation failures—prior notification required for certain failures s 42AK Relationship between provisions of this Subdivision Subdivision D — Effect of taking particular compliance action
s 42AL Payment suspension periods for mutual obligation failures and work refusal failures s 42AM Reconnection requirements for mutual obligation failures and work refusal failures s 42AN Reducing instalments of participation payments for mutual obligation failures s 42AO Unemployment preclusion periods for unemployment failures by persons claiming participation payments s 42AP Cancelling participation payments Subdivision E — Miscellaneous
s 42AQ Persons for whom participation payments not payable taken to still be receiving payment for certain purposes s 42AR Minister to make determinations for purposes of this Division s 42AS Relationship with section 80 Division 3A — Compliance with participation payment obligations: declared program participants
Subdivision A — Introduction
s 42A Simplified outline of this Division s 42B Application of this Division only to declared program participants Subdivision B — No show no pay failures
s 42C No show no pay failures s 42D Deducting the penalty amount Subdivision C — Connection and reconnection failures
s 42E Connection failures s 42F Requiring a person to apply for job vacancies s 42G Reconnection requirements s 42H Reconnection failures s 42J Further reconnection requirements s 42K Notification requirements s 42L Deduction of penalty amount Subdivision D — Serious failures
s 42M Serious failure for persistent non‑compliance s 42N Serious failure for refusing or failing to accept an offer of paid work s 42NA Comprehensive compliance assessment s 42NC Determination about serious failure requirements and severe financial hardship s 42P Consequences of serious failure s 42Q Ending serious failure periods s 42R Determining that participation payments payable Subdivision E — Unemployment resulting from a voluntary act or misconduct
s 42S Unemployment resulting from a voluntary act or misconduct Subdivision EA — Immediate non‑payment of participation payments for certain failures
s 42SA Immediate non‑payment of participation payments for certain failures Subdivision EB — Failures by certain recipients of parenting payments
s 42SB Suspension of payments for certain failures Subdivision EC — Non‑attendance failures
s 42SC Non‑attendance failures s 42SD Deduction of penalty amount Subdivision F — General provisions
s 42T Legislative instrument determining method for working out penalty amount s 42U Legislative instruments relating to reasonable excuse s 42UA Prior notification of excuse s 42V Deduction from any participation payment s 42W Penalty amount not a debt s 42X Payability s 42Y Day of determination s 42YA Relationship between Subdivisions of this Division s 42Z Relationship with section 80 Division 4 — Payment of social security payment
s 43 Payment by instalments s 44 Payment of instalments to person or nominee s 45 Payment of youth allowance—person under 18 and not independent s 46 Payment of special employment advance s 46A Payment of AGDRP s 46B Payment of AVTOP s 47 Payment of lump sum benefits s 47A Payment of one‑off payment to the aged s 47AB Payment of carer supplement s 47AC Payment of one‑off energy assistance payment s 47AD Payment of 2019 one‑off energy assistance payment s 47AE Payment of first 2020 economic support payment s 47AF Payment of second 2020 economic support payment s 47AG Payment of additional economic support payment 2020 s 47AH Payment of additional economic support payment 2021 s 47AI Payment of 2022 cost of living payment s 47B Payment of one‑off payments to carers s 47C Payment of economic security strategy payments and training and learning bonuses s 47CA Payment of activity supplement or farm financial assessment supplement s 47CB Payment of FHA supplement or relief payment s 47D Payment of clean energy advance s 47DAA Payment of essential medical equipment payment s 47DA Relocation scholarship payments s 47DB Student start‑up loans s 48 Payment of telephone allowance s 48A Payment of utilities allowance s 48B Payment of energy supplement s 48C Payment of quarterly pension supplement s 48D Payment of quarterly energy supplement s 49 Timing of payment of fares allowance s 50 To whom fares allowance is to be paid s 50A Payment of child disability assistance s 51 Advance in case of severe financial hardship s 52 Payment of certain amounts outside Australia s 53 Payment of instalments where pension received under other legislation s 54 Rounding off instalments of social security payments s 55 Payment into bank account etc s 56 Youth allowance—failure to nominate parent s 57 Change of particular payday s 58 Payment of social security payment after death s 59 Payment of pension bonus or pension bonus bereavement payment after death Division 5 — Protection of social security payments
s 60 Protection of social security payment s 61 Deduction at request of recipient—payments to Commissioner of Taxation s 61A Deduction at request of recipient—other payments s 62 Effect of garnishee or attachment order Division 6 — Requirement to provide information, undergo medical examination etc.
Subdivision A — General
s 63 Requirement to attend Department etc s 63A Proof of life certificate s 64 Effect of failing to comply with requirement to attend Department etc s 66 Notice to obtain foreign payment Subdivision B — Requirement to give information about change of circumstances etc.
s 66A General requirement to inform of a change of circumstances etc s 67 Person who has made a claim s 68 Person receiving social security payment or holding concession card s 69 Person who has received a social security payment or who has held a concession card s 70 Care receiver in respect of whom carer payment being made s 70AA Person who is subject to the enhanced income management regime etc s 70A Person who is subject to the income management regime etc s 72 Provisions relating to notice s 73 Application of provisions s 74 Offence—failure to comply with notice Subdivision C — Provision of tax file numbers
s 75 Requesting tax file numbers s 76 How request for tax file number is satisfied s 77 Consequences of not giving tax file number Division 7 — Various determinations
Subdivision A — Provisions relating to social security payments
s 78A When this Subdivision does not apply s 78 Rate increase determination s 79 Rate reduction determination s 80 Cancellation or suspension determination s 81 Cancellation or suspension for non‑compliance with certain notices s 81A Rate reduction determination for non‑compliance with notice relating to rent assistance s 82 Cancellation or suspension for failure to take action to obtain foreign payment s 83 Changes to payments by computer s 84 Automatic transfer by computer s 85 Resumption of payment after cancellation or suspension—general s 85AA Resumption of payment after cancellation or suspension—provision of proof of life certificate s 85A Rate increase determination following rate reduction for non‑compliance with notice relating to rent assistance Subdivision B — Provisions relating to concession cards
s 86 Cancellation—person not qualified s 87 Cancellation—non‑compliance with certain notices s 88 Changes to qualification by computer s 89 Resumption of qualification Division 8 — Automatic cancellations and variations
Subdivision A — Social security payments
s 90A When this Subdivision does not apply s 90 Automatic cancellation—transfer to new payment type s 91 Automatic cancellation of parenting payment on transfer to new payment type—member of couple s 93 Automatic cancellation—recipient complying with subsection 68(2) notice s 94 Automatic cancellation—recipient not complying with subsection 68(2) notice s 95 Automatic cancellation—failure to provide statement under subsection 68(2) s 95A Automatic cancellation of carer payment for non‑compliance with section 70 notice s 95B Automatic suspension or cancellation—carer allowance s 95C Social security payment—suspension instead of cancellation under section 93 or 94 s 95CA Carer payment—suspension instead of cancellation under section 93 or 94 s 95D Age pension—suspension instead of cancellation under section 93 or 94 s 96 Disability support pension—suspension instead of cancellation under section 93 s 97 Disability support pension—suspension taken to have been under section 96 s 97A Disability support pension—suspension instead of cancellation under section 94 (person obtains work) s 97B Disability support pension—suspension instead of cancellation under section 94 (person’s income) s 97C Age pension, disability support pension and carer payment—suspension instead of cancellation under section 93 or 94 (partners) s 98 Automatic rate reduction—partner starting to receive pension or benefit s 99 Automatic rate reduction—recipient complying with subsection 68(2) notice s 100 Automatic rate reduction—recipient not complying with subsection 68(2) notice s 101 Automatic rate reduction—receipt of pension or veteran payment by person receiving parenting payment s 103 Changes to payments by computer following automatic cancellation or reduction Subdivision B — Concession cards
s 104 Automatic cancellation—holder complying with subsection 68(4) notice s 105 Automatic cancellation—holder not complying with subsection 68(4) notice s 106 Changes by computer following automatic cancellation s 106A Automatic cancellation on cessation of qualification Subdivision C — Additional provision for certain pensioner concession cards and automatic issue health care cards
s 106B Automatic cancellation Division 9 — Date of effect of determinations
Subdivision A — Determinations relating to claims
s 107 General rule Subdivision B — Determinations under section 78, 81A, 85, 85AA or 85A
s 108 Definition s 109 Date of effect of favourable determination resulting from review s 109A Date of effect of determination under section 78 resulting from review required by section 126A s 110 Date of effect of favourable determination s 110A Date of effect of favourable determinations resuming payment after suspensions relating to non‑compliance s 111 Date of effect of section 78 determination resulting from indexation or adjustment s 114 Date of effect of other favourable determinations s 114A Date of effect of favourable determination—portability extensions Subdivision C — Determinations under section 89
s 115 Definition s 116 Date of effect of favourable determination resulting from review—concession cards Subdivision D — Date of effect of adverse determinations relating to social security payments
s 117 Definition s 118 Date of effect of adverse determinations—general rules s 120 Additional rules in the case of carer payment Subdivision E — Date of effect of adverse determinations relating to concession cards
s 121 Definition s 122 Date of effect of adverse determinations Division 10 — Continuing effect of determinations
s 123 Continuing effect of determinations Division 11 — Estimates and verification of maintenance income for Youth Allowance Rate Calculator
s 123AA Estimate of maintenance income for Youth Allowance Rate Calculator s 123AB Verification of maintenance income for Youth Allowance Rate Calculator s 123AC Annualised maintenance income free area s 123AD Annual amount of estimated maintenance income Part 3A — Nominees
Division 1 — Preliminary
s 123A Definitions Division 2 — Appointment of nominees
s 123B Appointment of payment nominee s 123C Appointment of correspondence nominee s 123D Provisions relating to appointments s 123E Suspension and revocation of nominee appointments Division 3 — Payments to payment nominee
s 123F Payment of instalments etc. to payment nominee Division 4 — Functions and responsibilities of nominees
s 123G Definition s 123H Actions of correspondence nominee on behalf of benefit recipient s 123I Giving of notices to correspondence nominee s 123J Compliance by correspondence nominee s 123K Notification by nominee of matters affecting ability to act as nominee s 123L Statement by payment nominee regarding disposal of money Division 5 — Other matters
s 123M Protection of principal against liability for actions of nominee s 123N Protection of nominee against criminal liability s 123O Duty of nominee to principal s 123P Saving of Secretary’s powers of revocation s 123Q Saving of Secretary’s powers to give notices to principal s 123R Notification of nominee where notice given to principal s 123S Right of nominee to attend with principal Part 3AA — Enhanced income management regime
Division 1 — Introduction
s 123SA Simplified outline of this Part s 123SB Definitions Division 2 — Persons subject to the enhanced income management regime
Subdivision A — Queensland Commission
s 123SC Persons subject to the enhanced income management regime—Queensland Commission Subdivision B — Child protection
s 123SCA Persons subject to the enhanced income management regime—child protection Subdivision C — School enrolment and attendance
s 123SCB Persons subject to the enhanced income management regime—school enrolment s 123SCC Persons subject to the enhanced income management regime—school attendance s 123SCD Eligible care child s 123SCE Eligible care period s 123SCF Declared primary school area and declared secondary school area s 123SCG Applicable school period s 123SCH Unsatisfactory school attendance situation s 123SCI Formal warning—unsatisfactory school attendance situation Subdivision D — Referrals by recognised State/Territory authority
s 123SCJ Persons subject to the enhanced income management regime—referrals by recognised State/Territory authority s 123SCK Recognised State/Territory authority Subdivision E — Vulnerable welfare payment recipients
s 123SCL Persons subject to the enhanced income management regime—vulnerable welfare payment recipients s 123SCM Determination by Secretary—vulnerable welfare payment recipient Subdivision F — Disengaged youth and long‑term welfare payment recipients
s 123SD Persons subject to the enhanced income management regime—Northern Territory s 123SDA Persons subject to the enhanced income management regime—persons residing in other areas s 123SDB Exempt welfare payment recipient—inclusion in specified class s 123SDC Exempt welfare payment recipient—person is not the principal carer of a child s 123SDD Exempt welfare payment recipient—person is the principal carer of a child s 123SDE Full‑time student s 123SDF School age child Subdivision G — Volunteers
s 123SE Persons subject to the enhanced income management regime—volunteers s 123SF Voluntary enhanced income management agreement s 123SG Duration of voluntary enhanced income management agreement s 123SH Termination of voluntary enhanced income management agreement Subdivision H — Relationship with other provisions
s 123SI Relationship with other provisions s 123SIA Requests to transfer from the income management regime Division 3 — Portioning of welfare payments
Subdivision A — Persons subject to the enhanced income management regime—Queensland Commission
s 123SJ Category B welfare payment to be split into qualified and unqualified portions s 123SK Payment of balance of qualified portion of category B welfare payment s 123SL Recipient’s use of funds from category B welfare payments Subdivision AA — Persons subject to the enhanced income management regime—child protection
s 123SLA Category B welfare payment to be split into qualified and unqualified portions s 123SLB Payment of balance of qualified portion of category B welfare payment s 123SLC Recipient’s use of funds from category B welfare payments Subdivision AB — Persons subject to the enhanced income management regime—school enrolment and attendance
s 123SLD Category B welfare payment to be split into qualified and unqualified portions s 123SLE Payment of balance of qualified portion of category B welfare payment s 123SLF Recipient’s use of funds from category B welfare payments Subdivision AC — Persons subject to the enhanced income management regime—referrals by recognised State/Territory authority
s 123SLG Category B welfare payment to be split into qualified and unqualified portions s 123SLH Payment of balance of qualified portion of category B welfare payment s 123SLI Recipient’s use of funds from category B welfare payments Subdivision AD — Persons subject to the enhanced income management regime—vulnerable welfare payment recipients
s 123SLJ Relevant payment to be split into qualified and unqualified portions s 123SLK Payment of balance of qualified portion of relevant payment s 123SLL Recipient’s use of funds from relevant payments Subdivision B — Persons subject to the enhanced income management regime—disengaged youth and long‑term welfare payment recipients
s 123SM Category D welfare payment to be split into qualified and unqualified portions s 123SN Payment of balance of qualified portion of category D welfare payment s 123SO Recipient’s use of funds from category D welfare payments Subdivision C — Persons subject to the enhanced income management regime—volunteers
s 123SP Category B welfare payment to be split into qualified and unqualified portions s 123SQ Payment of balance of qualified portion of category B welfare payment s 123SR Recipient’s use of funds from category B welfare payments Division 4 — Information
s 123SS Disclosure of information to the Secretary—financial institution s 123ST Disclosure of information—Queensland Commission s 123STA Disclosure of information—child protection s 123STB Disclosure of information—school enrolment and attendance s 123STC Disclosure of information—referrals by recognised State/Territory authority Division 5 — Other matters
s 123SU BasicsCard bank accounts s 123SV Exceptions to Part IV of the Competition and Consumer Act 2010 s 123SVA Periodic estimates of cost of enhanced income management regime s 123SW This Part has effect despite other provisions etc Part 3B — Income management regime
Division 1 — Introduction
s 123TA Simplified outline s 123TB Objects s 123TC Definitions s 123TF Declared child protection State or Territory s 123TG Declared primary school area and declared secondary school area s 123TGAA Recognised State/Territory authority s 123TGAB Recognised State or Territory s 123TGA Declared voluntary income management area s 123TH Priority needs s 123TI Excluded goods and excluded services s 123TJ Pornographic material s 123TK Eligible recipient Division 2 — Persons subject to the income management regime
Subdivision A — Situations in which a person is subject to the income management regime
s 123UA Persons subject to the income management regime s 123UC Persons subject to the income management regime—child protection s 123UCA Persons subject to the income management regime—vulnerable welfare payment recipients s 123UCB Persons subject to the income management regime—disengaged youth s 123UCC Persons subject to the income management regime—long‑term welfare payment recipients s 123UD Persons subject to the income management regime—school enrolment s 123UE Persons subject to the income management regime—school attendance s 123UF Persons subject to the income management regime—Queensland Commission s 123UFAA Persons subject to the income management regime—other State/Territory referrals s 123UFA Persons subject to the income management regime—voluntary income management agreement Subdivision BA — Additional provisions relating to vulnerable welfare payment recipients
s 123UGA Vulnerable welfare payment recipients Subdivision BB — Additional provisions relating to disengaged youth and long‑term welfare payment recipients
s 123UGB Exempt welfare payment recipient—inclusion in specified class s 123UGC Exempt welfare payment recipient—person is not the principal carer of a child s 123UGD Exempt welfare payment recipient—person is the principal carer of a child s 123UGF Full‑time student s 123UGG School age child Subdivision C — Additional provisions relating to school enrolment and attendance
s 123UH Eligible care child s 123UI Applicable school period s 123UJ Eligible care period s 123UK Unsatisfactory school attendance situation s 123UL Formal warning—unsatisfactory school attendance situation Subdivision D — Voluntary income management agreements
s 123UM Voluntary income management agreement s 123UN Duration of voluntary income management agreement s 123UO Termination of voluntary income management agreement Subdivision E — Relationship with Part 3AA
s 123UP Payment of credit balances of income management account to BasicsCard bank account Division 3 — Establishment of the Income Management Record
s 123VA Establishment of the Income Management Record s 123VC Bank account Division 4 — Income management accounts
Subdivision A — Income management accounts
s 123WA Income management accounts s 123WB Opening of income management accounts s 123WC Closing of income management accounts s 123WD Income management accounts may have a nil balance s 123WE One income management account per person s 123WF Credits to, and debits from, a person’s income management account Subdivision B — Account statements
s 123WG Internet and telephone access to account statements etc s 123WH Person may request account statements s 123WI Account statements to be given Subdivision C — Miscellaneous
s 123WJ Payment of credit balances of income management accounts—person ceases to be subject to the income management regime s 123WJA Ceasing payment of credit balances of income management accounts—person becomes subject to the income management regime again s 123WK Payment into bank account etc. of credit balances of income management accounts—person ceases to be subject to the income management regime s 123WL Payment of credit balances of income management accounts—person dies s 123WM Payment into bank account etc. of credit balances of income management accounts—person dies s 123WN Crediting of amounts to income management accounts—Ministerial rules Division 5 — Deductions from welfare payments
Subdivision B — Child protection
s 123XI Deductions from category I welfare payments—instalments s 123XJ Deductions from category I welfare payments—lump sums Subdivision BA — Vulnerable welfare payment recipients
s 123XJA Deductions from category I welfare payments—instalments s 123XJB Deductions from category I welfare payments—lump sums Subdivision BB — Disengaged youth and long‑term welfare payment recipients
s 123XJC Deductions from category I welfare payments—instalments s 123XJD Deductions from category I welfare payments—lump sums Subdivision C — School enrolment and attendance
s 123XK Deductions from category I welfare payments—instalments s 123XL Deductions from category I welfare payments—lump sums Subdivision D — Queensland Commission
s 123XM Deductions from category Q welfare payments—instalments s 123XN Deductions from category Q welfare payments—lump sums s 123XO Deductions from category S welfare payments—instalments s 123XP Deductions from category S welfare payments—lump sums Subdivision DAA — Other State/Territory referrals
s 123XPAA Deductions from category I welfare payments—instalments s 123XPAB Deductions from category I welfare payments—lump sums Subdivision DA — Voluntary income management agreements
s 123XPA Deductions from category I welfare payments—instalments s 123XPB Deductions from category I welfare payments—lump sums Subdivision DB — Economic support payments, economic security strategy payments, household stimulus payments and cost of living payments
s 123XPBA Deductions from 2020 economic support payments s 123XPBB Deductions from additional economic support payments s 123XPC Deductions from economic security strategy payments s 123XPD Deductions from household stimulus payments s 123XPE Deductions from 2022 cost of living payment Subdivision DC — Relocation scholarship payments
s 123XPG Deductions from relocation scholarship payments Subdivision DE — Clean energy income‑managed payments
s 123XPJ Deductions from clean energy income‑managed payments Subdivision DF — ETR income‑managed payments
s 123XPK Deductions from ETR income‑managed payments Subdivision E — Deducted amount taken to have been paid
s 123XQ Deducted amount taken to have been paid Division 6 — Debits from income management accounts
Subdivision A — General
s 123YA Priority needs—application of income management account s 123YB Secretary must have regard to the best interests of children Subdivision B — Restricted debits
s 123YC Vouchers—general s 123YD Vouchers—Part 3B payment nominee s 123YE Stored value cards—general s 123YF Stored value cards—Part 3B payment nominee s 123YG Expense payment—general s 123YH Expense payment—Part 3B payment nominee s 123YI Crediting of account—general s 123YJ Crediting of account—Part 3B payment nominee s 123YK Transfers to accounts—general s 123YL Transfers to accounts—Part 3B payment nominee s 123YM Restricted direct payment—general s 123YN Restricted direct payment—Part 3B payment nominee Subdivision C — Unrestricted debits
s 123YO Unrestricted direct payment—general s 123YP Unrestricted direct payment—Part 3B payment nominee Subdivision D — Miscellaneous action
s 123YQ Miscellaneous action s 123YR Credit of income management account in error Division 7 — Information
s 123ZB Information‑gathering powers—school enrolment and attendance s 123ZC Child protection—notice of cancellation of category H welfare payments s 123ZD Queensland Commission—notice of cancellation of welfare payments s 123ZDA Other State/Territory referrals—notice of cancellation of category H welfare payments s 123ZE Disclosure of information to the Secretary—child protection s 123ZEA Disclosure of information to the Secretary—Queensland Commission s 123ZEAA Disclosure of information to the Secretary—other State/Territory referrals s 123ZEB Disclosure of information to the Secretary—school enrolment and attendance Division 8 — Debt recovery etc.
s 123ZF Person other than payee obtaining payment of a cheque s 123ZG Misuse of vouchers and stored value cards s 123ZH Repayment of money credited to an account s 123ZI Breach of condition relating to crediting of account s 123ZIA Balance of income management account falls below value of action taken under Division 6 s 123ZJ Value of action taken under Division 6 exceeds credit balance of income management account s 123ZJA Action purportedly taken under Division 6 as a result of administrative error Division 9 — Miscellaneous
s 123ZK Secretary must comply with certain directions given by the Queensland Commission s 123ZL Surrender of unused vouchers and unused stored value cards s 123ZM Vouchers s 123ZN Appropriation s 123ZNA Recording of amounts in accounts and records s 123ZO This Part has effect despite other provisions etc Volume 2
Part 3C — Schooling requirements
Division 1 — General
s 124 Scope s 124A Enrolment and attendance at school s 124B Schooling requirement child s 124C Schooling requirement determination s 124D Schooling requirement payments s 124E Application to payments under the Veterans’ Entitlements Act Division 2 — School enrolment
s 124F School enrolment—enrolment notices s 124G School enrolment—condition of schooling requirement payments s 124H School enrolment—suspension or cancellation for non‑compliance with enrolment notice s 124J School enrolment—when payments become payable after suspension Division 3 — School attendance notices
s 124K School attendance—attendance notices s 124L School attendance—condition of schooling requirement payments s 124M School attendance—suspension or cancellation for non‑compliance with attendance notice s 124N School attendance—when payments become payable after suspension Division 3A — School attendance plans
s 124NA When this Division applies s 124NB Conference notices s 124NC School attendance plans s 124ND Compliance notices s 124NE School attendance—condition of schooling requirement payments s 124NF School attendance—suspension or cancellation for non‑compliance with compliance notice s 124NG School attendance—when payments become payable after suspension Division 4 — Information about schooling
s 124P Schooling requirements—information about schooling Division 5 — General provisions
s 124PA Relationship between Divisions of this Part Part 4 — Internal review of decisions
Division 1 — Effect of Part
s 124Q Application of Part to decisions under repealed laws s 125 Decisions by officers under instruments Division 2 — Internal review
s 126 Review of decisions by Secretary s 126A Review of determination of youth allowance rate in relation to maintenance income s 127 Decisions that are not reviewable by the Secretary s 128 Notice to ART Principal Registrar s 129 Application for review s 130 Withdrawal of application s 131 Secretary may continue payment pending outcome of application for review s 132 Guidelines for exercise of Secretary’s power to continue payment s 135 Review of decisions following application under section 129 s 136 Notice of decision on review s 137 Certain decisions not to be revived s 138 Notification of further rights of review Division 2A — Internal review of certain Commissioner decisions relating to student start‑up loans
s 138A Decisions reviewable under this Division s 138B Commissioner must give reasons for reviewable decisions s 138C Reviewer of decisions s 138D Reviewer may reconsider reviewable decisions s 138E Notice to ART Principal Registrar s 138F Reconsideration of reviewable decisions on request s 138G Withdrawal of request s 138H ART review of reviewable decisions s 138J Decision changed before ART review completed Part 4A — Review by the ART
Division 1 — Preliminary
s 139 Simplified outline of this Part Division 2 — ART review
Subdivision A — Preliminary
s 140 Application of Division s 140A Definition of employment pathway plan decision Subdivision B — ART review: applications
s 142 Reviewable decisions s 142A Person who made the decision s 142B Decision‑maker taken to have elected not to participate in ART review proceeding s 143 Application requirement—employment pathway plan decisions s 144 Non‑reviewable decisions s 145 Secretary may continue payment pending outcome of application for review s 146 Guidelines for exercise of Secretary’s power to continue payment Subdivision C — ART review: relationship with ART Act
s 147 Application and modification of ART Act s 147A Operation and implementation of decision under ART review s 147B Remitting decisions for reconsideration s 147C Legal or financial assistance Subdivision D — ART review: other matters
s 148 Procedure on receipt of application for certain ART reviews s 165A ART’s power to obtain information for ART review s 166 Exercise by Secretary of powers under section 192 s 168 Hearing of certain ART reviews in private s 176 Costs of review s 177 Assessment of rate of social security payment s 181 Settlement of proceedings before the ART s 182 Variation or substitution of decision before ART review determined s 183 Secretary or ART may treat event as having occurred Part 5 — Information management
Division 1 — Information gathering
s 191 Application of Division s 191A Reasonable belief needed to require information or documents s 192 General power to obtain information s 193 Power to obtain information from a person who owes a debt to the Commonwealth s 194 Obtaining information about a person who owes a debt to the Commonwealth s 195 Obtaining information to verify claims etc s 196 Written notice of requirement s 197 Offence—failure to comply with requirement s 197A Self‑incrimination s 197B Use of information in investigations etc s 198 Relationship with other laws Division 2 — End‑of‑employment statements
s 199 Request for end‑of‑employment statement s 200 Offence—failure to give end‑of‑employment statement Division 3 — Confidentiality
s 201 Operation of Division s 201A Definitions s 202 Permitted obtaining of, making a record of, disclosure of or use of protected information s 202A Obtaining of, making a record of, disclosure of or use of protected information relating to taxation information s 203 Offence—unauthorised obtaining of protected information s 204 Offence—unauthorised making a record of, disclosure of or use of protected information s 204A Use of tax file numbers s 205 Offence—soliciting disclosure of protected information s 206 Offence—offering to supply protected information s 207 Protection of certain documents etc. from production to court etc s 208 Disclosure of information by Secretary s 209 Guidelines for exercise of Secretary’s disclosure powers s 210 Officer’s declaration Part 6 — Offences
Division 1 — Preliminary
s 211 Application of Part Division 2 — Offences
s 212 False statement in connection with claim or hardship request s 213 False statement to deceive or affect rates s 214 False statement or document s 215 Obtaining payment that is not payable s 216 Payment obtained through fraud etc Division 3 — Penalties
s 217 Penalty for contravention of Division 2 s 218 Repayment of social security payment s 219 Penalty where person convicted of more than one offence Division 4 — Procedural matters
s 220 Joining of charges s 221 Particulars of each offence s 222 Trial of joined charges s 223 Evidentiary effect of Secretary’s certificate s 224 Enforcement of court certificate as judgment Division 5 — Liability of certain employers and principals for offences
Subdivision A — Interpretation
s 225 State of mind of a person s 228 Offence Subdivision C — Proceedings against non‑corporations
s 231 State of mind of individual s 232 Conduct of employee or agent s 233 Exclusion of imprisonment as penalty for certain offences Part 7 — Miscellaneous
s 234 Delegation s 235 Authorised review officers s 236 Decisions to be in writing s 237 Notice of decisions s 238 Payments to Commissioner of Taxation or the Child Support Registrar s 239 Judicial notice of certain matters s 240 Documentary evidence s 240A Form of cards s 240B Restrictions on listing of dependants s 240C Issue of replacement card on expiry of certain concession cards s 241 Annual report s 242 Appropriation s 243 Regulations s 243AA Review by Parliamentary Joint Committee on Human Rights s 243A Review of operation of Youth Jobs PaTH program s 243B Review by Senate Committee Part 8 — Transitional and saving provisions
s 244 Construction of references to 1991 Act s 245 Correspondence of provisions s 246 Saving of social security payments and concession cards s 247 Saving of instruments under 1991 Act s 248 Saving of claims for social security payments and concession cards s 249 Transitional instalment period s 250 Application for amount owing at recipient's death s 251 Power to obtain information about events etc. before 20 March 2000 s 252 Unfinished reviews by Secretary s 255 Saving of steps in review process s 256 Entitlements and liabilities s 257 Transitional regulations Schedule 1 — Dictionary s 1 Definitions Schedule 2 — Rules for working out start day Part 1 — Introductory
s 1 Definitions s 2 Different start days under Parts 2 and 3 Part 2 — General rules
s 3 Start day—general rule s 4 Start day—early claim s 4A Start day for jobseeker payment and youth allowance if claimant required to attend interview s 5 Effect of exclusion period s 5A Start day for parenting payment if one member of a couple fails to comply with certain participation payment obligations s 6 Saving Part 3 — Backdated start day
Division 1 — Explanatory
s 7 Explanation of Part Division 2 — Rules applying to all or most social security payments
s 8 Claim made soon after partner’s claim s 9 Claim by transferee s 10 Claim soon after childbirth s 11 Incapacitated claimant s 12 Claim after death of partner s 13 Claim for social security payment following claim for AGDRP Division 3 — Rules applying to particular social security payments
s 15 Certain persons subject to cancellation of austudy payment, jobseeker payment, youth allowance or special benefit s 15A Carer payment claimed on or after 1 July 2009 and before 1 October 2009 s 18 Double orphan pension s 19 Double orphan pension—claim following death of former recipient s 28 Jobseeker payment—claimant for disability support pension s 29 Parenting payment s 30 Pensioner education supplement s 31 Pensioner education supplement: claim before 1 April s 32 Pensioner education supplement: claim before 1 August s 34 Youth allowance: incapacitated claimant s 35 Youth allowance—claimant for disability support pension s 36 Youth allowance—initial claim for family tax benefit Division 4 — Rules applying to health care cards
s 37 Health care cards, other than automatic issue health care cards Schedule 5 — Provisions relating to the Chief Executive Centrelink etc.
s 1 References to the Secretary and the Department—requirements etc. by delegate s 2 References to the Secretary and the Department—directions by Secretary 