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SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 77

Effect of failure by person to satisfy request for partner's or related person's tax file number
(1)
If the Secretary makes a request under subsection 75(3) of a person who has made a claim for, or is receiving, a social security payment, the social security payment is not payable to the person unless, within 28 days after the request is made:

(a)
the person satisfies the request; or

(b)
the person satisfies subsection (3) or (4) of this section; or

(c)
the Secretary exempts the person from the need to satisfy the request.

(2)
If the Secretary makes a request under subsection 75(4) of a person who is receiving a social security payment, the social security payment is not payable to the person unless, within 28 days after the request is made:

(a)
the person satisfies the request; or

(b)
the person satisfies subsection (3) or (4) of this section; or

(c)
the Secretary exempts the person from the need to satisfy the request.

(3)
A person satisfies this subsection if:

(a)
the person has given the Secretary a declaration by the related person in accordance with a form approved by the Secretary; and

(b)
the declaration states that the related person:

(i)
has a tax file number but does not know what it is; and
(ii)
has asked the Commissioner of Taxation to inform the related person of his or her tax file number; and
(c)
the person has given the Secretary a document in which the related person authorises the Commissioner of Taxation to tell the Secretary:

(i)
whether the related person has a tax file number; and
(ii)
if the related person has a tax file number—that number; and
(d)
the Commissioner of Taxation has not told the Secretary that the related person has no tax file number.

(4)
A person satisfies this subsection if:

(a)
the person has given the Secretary a declaration by the related person in accordance with a form approved by the Secretary; and

(b)
the declaration states that an application by the related person for a tax file number is pending; and

(c)
the person has given the Secretary a document in which the related person authorises the Commissioner of Taxation to tell the Secretary:

(i)
if a tax file number is issued to the related person—that number; or
(ii)
if the application is refused—that the application has been refused; or
(iii)
if the application is withdrawn—that the application has been withdrawn; and
(d)
the Commissioner of Taxation has not told the Secretary that an application by the related person for a tax file number has been refused or withdrawn.

(5)
The Secretary may exempt a person from compliance with a request for a statement of a related person's tax file number if the Secretary is satisfied that:

(a)
the person does not know the related person's tax file number; and

(b)
the person can obtain none of the following from the related person:

(i)
the related person's tax file number;
(ii)
a statement of the related person's tax file number;
(iii)
a declaration by the related person under paragraph (3)(a) or (4)(a).
(6)
In this section:

"related person" means:

(a)
in relation to a person of whom a request has been made under subsection 75(3) —the person's partner; or

(b)
in relation to a person of whom a request has been made under subsection 75(4) —a person who is a person referred to in paragraph 75(4)(b).

Subdivision A—Provisions relating to social security payments


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