Social Security (Administration) Act 1999

If a claim for a social security payment or concession card (the new benefit) is made by a person receiving or holding another social security payment or concession card (the current benefit), then subsections (2) and (3) apply in relation to the Secretary considering, for the purposes of determining under section 37 whether the claim is to be granted:

whether the Secretary is satisfied that the person is qualified, or is expected to be qualified, for the new benefit; and

if the new benefit is a social security payment—whether the Secretary is satisfied that the new benefit is, would be, or is expected to be, payable to the person.

The Secretary may treat the person as having satisfied an eligibility requirement (the new requirement) for the new benefit if:

the new requirement is the same as an eligibility requirement (the current requirement) for the current benefit; and

at a particular time, the Secretary was satisfied that the person satisfied the current requirement; and

since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the person satisfies the current requirement.

If an eligibility factor (the new factor) for the new benefit is the same as an eligibility factor (the current factor) for the current benefit, the Secretary may:

treat the new factor as existing in relation to the person, if:

at a particular time, the Secretary was satisfied that the current factor existed in relation to the person; and

since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person; or

treat the new factor as not existing in relation to the person, if:

at a particular time, the Secretary was satisfied that the current factor did not exist in relation to the person; and

since that time, no information or statement has been given to the Department about an event, a change of circumstances or a matter that might affect whether the current factor exists in relation to the person.

This section does not, by implication, limit any other power of the Secretary to do the following in making a determination under section 37:

treat a person as having satisfied an eligibility requirement;

treat an eligibility factor as existing, or not existing, in relation to a person.

In this section:

for a social security payment—a fact, matter or circumstance the existence of which in relation to a person is relevant to:

whether the person qualifies for the payment; or

whether the payment is payable to the person; or

for a concession card—a fact, matter or circumstance the existence of which in relation to a person is relevant to whether the person qualifies for the card.

for a social security payment—a requirement that a person must satisfy:

to qualify for the payment; or

for the payment to be payable to the person; or

for a concession card—a requirement that a person must satisfy to qualify for the card.