FURTHER 1998 BUDGET MEASURES LEGISLATION AMENDMENT (SOCIAL SECURITY) ACT 1999 NO. 152, 1999 - SCHEDULE 11

Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Download] [Help]

FURTHER 1998 BUDGET MEASURES LEGISLATION AMENDMENT (SOCIAL SECURITY) ACT 1999 NO. 152, 1999 - SCHEDULE 11

- Administrative provisions

Social Security Act 1991

1 At the end of Chapter 2

Add:

Part 2.27—Early payment of first instalment of social security benefit

1061ZAAR Early payment of first instalment of social security benefit

(1): If, after the commencement of this section:

(a): the Secretary determines:

(i): that a claim by a person for a social security benefit is to be granted; or
(ii): that a social security benefit is payable to a person under a resumption of payment provision; and

(b): the Secretary is satisfied that, if the person is required to wait until the end of:

(i): the first instalment period in relation to the benefit; or
(ii): the first instalment period in relation to the benefit after the resumption of payment of the benefit;

for payment of an instalment, the person will suffer severe financial hardship;

the Secretary may determine that a specified amount is to be paid to the person in advance.

(2): An amount paid to a person under subsection (1) is taken to be an advance payment of part of the first instalment payable to the person after the grant of the claim or the resumption of payment of the social security benefit, as the case may be.
(3): In this section:

resumption of payment provision means section 408NG, 510G, 565E, 590E, 660J, 660YJP, 728P, 766 or 771NQ.

2 At the end of Part 3.13

Add:

1159A Early claim for social security pension or benefit

(1): If:

(a): a detained person makes a claim for a social security pension or benefit; and
(b): the person is not, on the day on which the claim is made, qualified for the pension or benefit; and
(c): the person becomes qualified for the pension or benefit within 21 days after the claim is made;

the claim is taken to be made on the first day on which the person is qualified for the pension or benefit.

(2): The following subsections and section do not apply to a detained person:

(a): 48(2) and 46(3);
(b): 106(2) and 100(3);
(c): 152(2) and 150(3);
(d): 203(2) and 201(3);
(e): 322(2) and 318(3);
(f): 369(2) and 366(3);
(g): 408DA(2) and 408CC(4);
(h): 501(2) and 500K(4);
(i): 554(2);
(j): 579(2);
(k): 635(2);
(l): 660XCC(3);
(m): 660XDA(2);
(n): 660YCC(4);
(o): 660YDA(2);
(p): 699(2);
(q): 740(2);
(r): 771IA(2) and 771HN(3A);
(s): 789(2) and 784(3).

(3): In this section:

detained person means a person who:

(a): is in gaol; or
(b): is undergoing psychiatric confinement because he or she has been charged with committing an offence.

1159B Grant of social security pension, benefit or crisis payment

(1): The Secretary must determine that a claim for a social security pension, social security benefit or crisis payment is to be granted if the Secretary is satisfied that:

(a): the claimant:

(i): is in gaol; or
(ii): is undergoing psychiatric confinement because he or she has been charged with committing an offence; and

(b): the claimant is expected:

(i): to be in gaol or psychiatric confinement for at least 14 days; and
(ii): to be released within 21 days after the day on which the claim is made; and

(c): the claimant is expected to be qualified for the pension, benefit or crisis payment immediately after the claimant's release from gaol or confinement, whether or not the claimant is qualified at the time the claim is made; and
(d): the pension, benefit or crisis payment is expected to be payable to the claimant immediately after the claimant's release from gaol or confinement.

1159C Early payment of social security pension, benefit or crisis payment to person in gaol or confinement

(1): If:

(a): a claim for a social security pension, social security benefit or crisis payment is granted because of section 1159B; and
(b): the Secretary thinks it necessary to pay the pension, benefit or crisis payment before the claimant is released from gaol or confinement in order to ensure that the claimant, on release, will not suffer severe financial hardship;

the Secretary may determine that a specified amount is to be paid to the person before the person's release.

(2): Subsection (1) has effect in spite of section 41.
(3): An amount paid under a determination under subsection (1) in relation to a claim for a pension or benefit is not to exceed the amount that, in the Secretary's opinion, would be the total of the amounts payable to the person for the first 7 days on which the pension or benefit is payable to the person.
(4): An amount paid under subsection (1) in relation to a claim for a pension or benefit is taken to be a payment of the instalment or instalments, or of that part of the instalment or instalments, that relate to the days referred to in subsection (3).
(5): An amount paid to a person under subsection (1) in relation to a claim for a crisis payment is taken to be a payment of the crisis payment.

1159D Early payment of first instalment of social security pension or benefit to person after release from gaol or confinement

(1): If, after the commencement of this section, a person is released from gaol or from psychiatric confinement that the person was undergoing because he or she had been charged with committing an offence, and:

(a): either while the person was in gaol or psychiatric confinement, or within 7 days after the person's release, the person claims a social security pension or benefit; and
(b): the Secretary determines that a claim by the person for a social security pension or benefit is to be granted; and
(c): the Secretary is satisfied that, if the person is required to wait until the end of the first instalment period in relation to the pension or benefit for payment of an instalment, the person will suffer severe financial hardship;

the Secretary may determine that a specified amount is to be paid to the person in advance.

(2): If, after the commencement of this section, a person is released from gaol or from psychiatric confinement that the person was undergoing because he or she had been charged with committing an offence, and:

(a): the Secretary determines that a social security pension or benefit is payable to the person under a resumption of payment provision; and
(b): the Secretary is satisfied that, if the person is required to wait until the end of the first instalment period in relation to the pension or benefit after the resumption of payment of the pension or benefit for payment of an instalment, the person will suffer severe financial hardship;

the Secretary may determine that a specified amount is to be paid to the person in advance.

(3): An amount paid under a determination under subsection (1) or (2) in relation to a claim or a resumption of payment determination is not to exceed the amount that, in the Secretary's opinion, would be the total of the amounts payable to the person for the first 7 days on which the pension or benefit is payable to the person.
(4): An amount paid under subsection (1) or (2) in relation to a claim for a pension or benefit or a resumption of payment determination is taken to be a payment of the instalment or instalments, or of that part of the instalment or instalments, that relate to the days referred to in subsection (3).
(5): In this section:

resumption of payment provision means section 79, 146C, 183, 232, 353, 401, 408NG, 510G, 565E, 590E, 660J, 660XJO, 660YJP, 728P, 766, 771NQ or 819.

3 After subsection 1223(1)

Insert:

(1AA): Subject to subsection (1AB), subsection (1) does not apply to a payment made under section 1159C.
(1AB): If a person to whom a payment under section 1159C has been made is not released from gaol or psychiatric confinement on the person's expected release day, subsection (1AA) does not apply to the person.
(1AC): A day is a person's expected release day for the purposes of subsection (1AB) if there are reasonable grounds for believing that the person will be released from gaol or psychiatric confinement on that day.

4 After subsection 1223AA(1BA)

Insert:

(1C): If:

(a): a payment of a pension, benefit or crisis payment has been made to a person under section 1159C; and
(b): immediately after the release of the person from gaol or psychiatric confinement:

(i): the person was not qualified for the pension, benefit or crisis payment; or
(ii): although the person was qualified for the pension, benefit or crisis payment, the pension, benefit or crisis payment was not payable to the person;

the amount of the payment is a debt due to the Commonwealth.

5 Application—claims

(1) Section 1159A of the Social Security Act 1991 as in force immediately after the commencement of this Schedule does not apply in relation to a claim made before the commencement of this Schedule.
(2) Section 1159B of the Social Security Act 1991 as in force immediately after the commencement of this Schedule applies in relation to a claim whether the claim is made before or after the commencement of this Schedule.

6 Application—section 1161

If:

(a): before the commencement of this Schedule, a person is released from gaol, or from psychiatric confinement that the person was undergoing because he or she had been charged with committing an offence, after spending at least 7 days in gaol or such confinement; and
(b): the person claims widow allowance, youth allowance, austudy payment, newstart allowance, sickness allowance, partner allowance, or mature age allowance under Part 2.12B, within 7 days after being released; and
(c): the claim is made after the commencement of this Schedule; and
(d): the claim is granted;

section 1161 of the Social Security Act 1991 as in force immediately before the commencement of this Schedule applies to the rate of the benefit or allowance claimed by the person.

[ Minister's second reading speech made in—
House of Representatives on 11 February 1999
Senate on 22 March 1999 ]
(10/99)

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback