Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Part:
"applicable school period" has the meaning given by section 123SCG.
"balance of the qualified portion" , of a category B welfare payment, a category D welfare payment or a relevant payment, means:
(a) if a deduction is to be made from, or an amount is to be set off against, the payment under:
(i) section 61, 61A or 238 of this Act; or
(ii) section 1231 of the 1991 Act; or
(iii) section 84, 84A, 92, 92A, 225, 226, 227 or 228A of the Family Assistance Administration Act;
the amount of the qualified portion of the payment less the amount of the deduction or the amount of the set - off; or
(b) in any other case--the amount of the qualified portion of the payment.
"BasicsCard bank account" means a bank account of a kind determined by a legislative instrument made under section 123SU.
"Bundaberg and Hervey Bay area" means the area within the boundaries of the Division (within the meaning of the Commonwealth Electoral Act 1918 ) of Hinkler, as those boundaries were in force on 31 May 2018.
"cash-like product" includes the following:
(a) a gift card, store card, voucher or similar article (whether in a physical or electronic form);
(b) a money order, postal order or similar order (whether in a physical or electronic form);
(c) digital currency.
"category A welfare payment" means:
(a) a social security benefit; or
(b) a social security pension; or
(c) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance.
"category B welfare payment" means:
(a) a category A welfare payment; or
(b) double orphan pension; or
(c) family tax benefit under the Family Assistance Act; or
(d) family tax benefit advance under the Family Assistance Administration Act; or
(e) stillborn baby payment under the Family Assistance Act; or
(f) carer allowance; or
(g) child disability assistance; or
(h) carer supplement; or
(i) mobility allowance; or
(j) pensioner education supplement; or
(k) telephone allowance under Part 2.25 of the 1991 Act; or
(l) utilities allowance under Part 2.25A of the 1991 Act; or
(m) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or
(n) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or
(o) a social security bereavement payment; or
(p) an advance payment under Part 2.22 of the 1991 Act; or
(q) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or
(r) a mobility allowance advance under section 1045 of the 1991 Act.
"category C welfare payment" means:
(a) youth allowance; or
(b) jobseeker payment; or
(c) special benefit; or
(d) pension PP (single); or
(e) benefit PP (partnered).
"category D welfare payment" means:
(a) a social security benefit; or
(b) a disability support pension; or
(c) a carer payment; or
(d) a pension PP (single); or
(e) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance; or
(f) double orphan pension; or
(g) family tax benefit under the Family Assistance Act; or
(h) family tax benefit advance under the Family Assistance Administration Act; or
(i) stillborn baby payment under the Family Assistance Act; or
(j) carer allowance; or
(k) child disability assistance; or
(l) carer supplement; or
(m) mobility allowance; or
(n) pensioner education supplement; or
(o) telephone allowance under Part 2.25 of the 1991 Act; or
(p) utilities allowance under Part 2.25A of the 1991 Act; or
(q) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or
(r) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or
(s) a social security bereavement payment; or
(t) an advance payment under Part 2.22 of the 1991 Act; or
(u) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or
(v) a mobility allowance advance under section 1045 of the 1991 Act.
"category F welfare payment" means:
(a) a social security benefit; or
(b) a disability support pension; or
(c) a carer payment; or
(d) a pension PP (single); or
(e) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as living allowance.
"category G welfare payment" means:
(a) a category F welfare payment; or
(b) double orphan pension; or
(c) family tax benefit under the Family Assistance Act; or
(d) family tax benefit advance under the Family Assistance Administration Act; or
(e) stillborn baby payment under the Family Assistance Act; or
(f) carer allowance; or
(g) child disability assistance; or
(h) carer supplement; or
(i) mobility allowance; or
(j) pensioner education supplement; or
(k) telephone allowance under Part 2.25 of the 1991 Act; or
(l) utilities allowance under Part 2.25A of the 1991 Act; or
(m) a distance education payment under the scheme known as the Assistance for Isolated Children Scheme, where the payment relates to a child or children at a Homelands Learning Centre; or
(n) a payment under the scheme known as the ABSTUDY scheme that includes an amount identified as pensioner education supplement; or
(o) a social security bereavement payment; or
(p) an advance payment under Part 2.22 of the 1991 Act; or
(q) an advance pharmaceutical allowance under Part 2.23 of the 1991 Act; or
(r) a mobility allowance advance under section 1045 of the 1991 Act.
"Ceduna area" means Ceduna within the meaning of the Social Security (Administration) (Trial Area -- Ceduna and Surrounding Region) Determination 2015 as in force on 15 March 2016 and includes the Surrounding Region (within the meaning of that determination as so in force).
"child protection officer" means an officer or employee of a State or Territory who has functions, powers or duties in relation to the care, protection or welfare of children.
"declared child protection State or Territory" has the meaning given by subsection 123SCA(7).
"declared primary school area" has the meaning given by subsection 123SCF(1).
"declared secondary school area" has the meaning given by subsection 123SCF(3).
"East Kimberley area" means East Kimberley within the meaning of the Social Security (Administration) (Trial Area - East Kimberley) Determination 2016 as in force on 26 April 2016 and includes the areas of each of the Included Communities (within the meaning of that determination as so in force).
"eligible care child" has the meaning given by section 123SCD.
"eligible care period" has the meaning given by section 123SCE.
"eligible recipient" has the same meaning as in Part 3B.
"equivalent rate of special benefit" , in relation to a person, means a rate of special benefit equivalent to the maximum basic rate of youth allowance that the person would receive if the person were qualified for youth allowance.
"excluded goods" has the same meaning as in Part 3B.
"excluded service" has the same meaning as in Part 3B.
"exempt welfare payment recipient" has the meaning given by section 123SDB, 123SDC or 123SDD.
"family law order" means:
(a) a parenting order within the meaning of section 64B of the Family Law Act 1975 ; or
(b) a family violence order within the meaning of section 4 of that Act; or
(c) a State child order registered under section 70D of that Act; or
(d) an overseas child order registered under section 70G of that Act.
"full-time student" has the meaning given by section 123SDE.
"Goldfields area" means the following Local Government Areas as at 7 February 2018:
(a) the Shire of Leonora;
(b) the Shire of Laverton;
(c) the City of Kalgoorlie - Boulder;
(d) the Shire of Coolgardie;
(e) the Shire of Menzies.
"Local Government Areas" means areas designated by the Governor of Western Australia to be a city, town or shire, in accordance with the Local Government Act 1995 (WA).
"parenting plan" has the same meaning as in the Family Law Act 1975 .
"Part 3B payment nominee" has the same meaning as in Part 3B.
"qualified portion" :
(a) of a category B welfare payment:
(i) for a person who is subject to the enhanced income management regime under section 123SC--has the meaning given by section 123SJ; or
(ii) for a person who is subject to the enhanced income management regime under section 123SCA--has the meaning given by section 123SLA; or
(iii) for a person who is subject to the enhanced income management regime under section 123SCB or 123SCC--has the meaning given by section 123SLD; or
(iv) for a person who is subject to the enhanced income management regime under section 123SCJ--has the meaning given by section 123SLG; or
(v) for a person who is subject to the enhanced income management regime under section 123SE--has the meaning given by section 123SP; or
(b) of a category D welfare payment, has the meaning given by section 123SM; or
(c) of a relevant payment, has the meaning given by section 123SLJ.
"Queensland Commission" has the same meaning as in Part 3B.
"recognised State/Territory authority" has the meaning given by subsection 123SCK(1).
"registered parenting plan" has the same meaning as in the Family Law Act 1975 .
"relevant payment" , for a person who is subject to the enhanced income management regime under section 123SCL, means:
(a) if the person has been given a transfer notice referred to in paragraph 123SCL(3)(c) and the notice is in force--a category B welfare payment; or
(b) otherwise--a category G welfare payment.
"repeal day" means the day on which Part 2 of Schedule 1 to the Social Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 commences.
"school age child" has the meaning given by section 123SDF.
"State/Territory authority" means:
(a) department, or a part of a department, of a State or Territory; or
(b) a body of a State or Territory; or
(c) an agency of a State or Territory.
"subject to the enhanced income management regime" has the meaning given by Division 2.
"unqualified portion" :
(a) of a category B welfare payment:
(i) for a person who is subject to the enhanced income management regime under section 123SC--has the meaning given by section 123SJ; or
(ii) for a person who is subject to the enhanced income management regime under section 123SCA--has the meaning given by section 123SLA; or
(iii) for a person who is subject to the enhanced income management regime under section 123SCB or 123SCC--has the meaning given by section 123SLD; or
(iv) for a person who is subject to the enhanced income management regime under section 123SCJ--has the meaning given by section 123SLG; or
(v) for a person who is subject to the enhanced income management regime under section 123SE--has the meaning given by section 123SP; or
(b) of a category D welfare payment, has the meaning given by section 123SM; or
(c) of a relevant payment, has the meaning given by section 123SLJ.
"unsatisfactory school attendance situation" has the meaning given by section 123SCH.
"voluntary enhanced income management agreement" has the meaning given by section 123SF.
"voluntary enhanced income management area" has the meaning given by subsection 123SF(5).