Social Security (Administration) Act 1999

This section applies if:

one of the following determinations is made, in relation to a person who is a member of a couple, because of the occurrence of an event or change of circumstances:

a determination under subsection 95D(3), (4) or (5) suspending the person’s age pension because the pension ceased to be payable to the person;

a determination under subsection 96(1), 97(1), 97A(1) or 97A(2) suspending the person’s disability support pension because the person ceased to be qualified for the pension;

a determination under subsection 96(3), 97(3) or 97B(1) suspending the person’s disability support pension because the pension ceased to be payable to the person;

a determination under subsection 56ED(3), (4) or (5) of the Veterans’ Entitlements Act suspending the person’s age service pension, invalidity service pension, income support supplement or veteran payment because the pension, supplement or payment ceased to be payable to the person; and

immediately before the event or change of circumstances, the person’s partner was receiving an age pension, disability support pension or carer payment; and

the partner’s pension or payment ceases to be payable to the partner because the rate of the partner’s pension or payment is nil; and

the partner’s cessation of payability occurs because of the occurrence of the same event or change of circumstances that resulted in the person’s cessation of payability or qualification; and

because of the partner’s cessation of payability, the partner’s pension or payment is to be, or has been, cancelled under section 93 or 94.

For suspensions when a person’s partner has been receiving service pension, income support supplement or veteran payment, see section 56EE of the Veterans’ Entitlements Act.

The Secretary may determine that:

the partner is to be treated as if section 93 or 94 does not apply or had not applied (as the case may be) to cancel the partner’s pension or payment; and

the partner’s pension or payment is suspended with effect from the day the pension or payment would otherwise have ceased to be payable under section 93 or 94, for a period of:

if section 94 would otherwise have applied—2 years and 14 days; or

in all other cases—2 years.

If:

the Secretary suspends the partner’s pension or payment under subsection (2); and

within the period the suspension is in effect, the Secretary reconsiders the decision to suspend; and

as a result of the reconsideration, the Secretary is satisfied that:

the partner did not receive pension or payment that was payable to the partner; or

the partner is not receiving pension or payment that is payable to the partner;

The reconsideration referred to in paragraph (3)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.

A determination that pension or payment was or is payable to the partner under subsection (3) takes effect:

if the partner applied for reconsideration under section 129—on the day the application was made; or

in any other case—on the day the Secretary starts to reconsider the decision to suspend.

If:

the Secretary suspends the partner’s pension or payment for a period under subsection (2); and

the suspension continues in effect throughout the period;

To avoid doubt, subsections (3) to (6) apply to the partner even if the partner ceases to be a member of the couple after the event or change of circumstances referred to in subsection (1).