Commonwealth Numbered Acts

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SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 81

Cancellation or suspension for non-compliance with certain notices
(1)
If:

(a)
a person who is receiving a social security payment (other than a newstart allowance) has been given:

(i)
a notice under section 68 that requires the person to give the Department a statement; or
(ii)
a notice embodying a requirement under Division 1 of Part 5; and
(b)
the person does not comply with the requirement of the notice;

the Secretary may determine that the payment is to be cancelled or suspended.

(2)
If:

(a)
a person and his or her partner (the partner ) are each receiving a social security payment; and

(b)
the partner has been given:

(i)
a notice under section 68 that requires the partner to give the Department a statement; or
(ii)
a notice embodying a requirement under Division 1 of Part 5; and
(c)
the notice relates to matters that might also affect the payment of the person's social security payment; and

(d)
the partner does not comply with the requirement of the notice;

the Secretary may determine that the person's payment is to be cancelled or suspended.

(3)
If:

(a)
a person who is receiving family allowance or family tax payment has been given a notice under section 71; and

(b)
the person has not informed the Department, in accordance with the notice, that the person has changed his or her address; and

(c)
the Secretary is satisfied that mail from the Secretary or an officer addressed to the person has been returned to the Secretary or officer because the person has changed his or her address;

the Secretary may determine that the family allowance or family tax payment, as the case may be, is to be suspended.

(4)
The Secretary may make a determination under subsection (3) even if the Secretary is not satisfied that:

(a)
the person concerned has ceased to be qualified for family allowance or family tax payment; or

(b)
family allowance or family tax payment has ceased to be payable to the person.

(5)
Subsection (3) does not limit the Secretary's power to suspend or cancel a person's family allowance or family tax payment under section 80.

(6)
If:

(a)
a person's family allowance or family tax payment is suspended under subsection (3); and

(b)
the family allowance or family tax payment has been suspended for a period of 52 weeks;

the family allowance or family tax payment, as the case may be, is cancelled, by force of this subsection, on the day immediately after the end of the last instalment period in respect of which the person received an instalment of family allowance or family tax payment, as the case may be.


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