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SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 63
Requirement to attend Department etc.
- (1)
- This section applies to a person if:
- (a)
- either:
- (i)
- the person is receiving, or has made a claim for, a social security
payment; or
- (ii)
- the person is the holder of, or has made a claim for, a concession card;
and
- (b)
- the person is not a person to whom section 64 applies.
- (2)
- If the Secretary is of the opinion that a person to whom this section
applies, other than a person to whom subsection (3) applies, should:
- (a)
- attend an office of the Department; or
- (b)
- contact the Department; or
- (c)
- attend a particular place for a particular purpose; or
- (d)
- give information to the Secretary;
the Secretary may give the person written notice that he or she is required,
within a specified time, to:
- (e)
- attend that office; or
- (f)
- contact the Department; or
- (g)
- attend that place for that purpose; or
- (h)
- give that information;
as the case may be.
- (3)
- If the Secretary is of the opinion that a person who is receiving, or has
made a claim for, a newstart allowance should:
- (a)
- attend an office of the Department; or
- (b)
- contact the Department; or
- (c)
- attend a particular place for a particular purpose; or
- (d)
- give information to the Secretary;
the Secretary may notify the person that he or she is required, within a
specified time, to:
- (e)
- attend that office; or
- (f)
- contact the Department; or
- (g)
- attend that place for that purpose; or
- (h)
- give that information;
as the case may be.
- (4)
- If:
- (a)
- a person is receiving, or has made a claim for, a social security payment;
and
- (b)
- the Secretary gives the person a notice under subsection (2); and
- (c)
- the requirement of the notice is reasonable; and
- (d)
- the person does not comply with the requirement;
the following paragraphs have effect:
- (e)
- if the person is receiving a youth allowance, the allowance is not
payable, and if, at a later time, a youth allowance becomes payable to the
person, an administrative breach rate reduction period applies to the person;
- (f)
- in any other case, the payment that the person is receiving or has claimed
is not payable.
- (5)
- If:
- (a)
- a person is receiving, or has made a claim for, a newstart allowance; and
- (b)
- the Secretary notifies the person under subsection (3); and
- (c)
- the requirement of the notification is reasonable; and
- (d)
- the person does not comply with the requirement;
a newstart allowance is not payable, and if, at a later time, a newstart
allowance becomes payable to the person, an administrative breach rate
reduction period applies to the person.
- (6)
- If:
- (a)
- a person is the holder of, or has made a claim for, a concession card; and
- (b)
- the Secretary gives the person a notice under subsection (2); and
- (c)
- the requirement of the notice is reasonable; and
- (d)
- the person does not comply with the requirement;
the person ceases to be qualified, or is not qualified, as the case requires,
for a concession card.
- (7)
- The Secretary may give a person a notice under subsection (2) by sending
the notice by prepaid post addressed to the person at the postal address of
the person last known to the Secretary. This subsection does not prevent the
Secretary from giving the person notice in any other way.
- (8)
- The Secretary may notify a person for the purposes of subsection (3) by
sending a written notification by prepaid post addressed to the person at the
postal address of the person last known to the Secretary. This subsection does
not prevent the Secretary from notifying the person in any other way.
- (9)
- The Secretary may determine:
- (a)
- that a social security payment that was not payable because of paragraph
(4)(f) or subsection (5) is payable to a person; or
- (b)
- that an administrative breach rate reduction period does not apply to a
person under paragraph (4)(e) or subsection (5);
if the Secretary is satisfied that the person had a reasonable excuse for not
complying with the requirement under subsection (2) or (3), as the case may
be.
- (10)
- The Secretary may determine that a person who, by virtue of subsection
(6), has ceased to be, or is not, qualified for a concession card is qualified
for such a card if the Secretary is satisfied that the person has a reasonable
excuse for not complying with the requirement of the notice under subsection
(2).
- (11)
- A notice under subsection (2) or a notification under subsection (3) must
inform the person to whom it is given of the effect of this section.
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