Commonwealth Numbered Acts

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SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 96

Disability support pension—suspension instead of cancellation in some cases
(1)
If:

(a)
a person ceases to be qualified for disability support pension because the person obtains paid work that is for at least 30 hours per week; and

(b)
the person has, within the notification period referred to in section 93, informed the Secretary that the person has obtained that work;

the Secretary may determine:

(c)
that section 93 does not apply to the person's disability support pension; and

(d)
that the person's disability support pension is to be suspended.

(2)
Subsection (1) does not apply to a person if:

(a)
the Secretary gives written notice to the person that the person is no longer qualified for disability support pension; and

(b)
the Secretary's notice is given before the person informs the Secretary that the person has obtained work.

(3)
If:

(a)
disability support pension ceases to be payable to a person because the rate of the pension is nil as a result of the income, or increased income, earned by the person from his or her employment; and

(b)
the person has informed the Secretary about the income or increased income within the notification period referred to in section 93;

the Secretary may determine:

(c)
that section 93 does not apply to the person's disability support pension; and

(d)
that the person's disability support pension is to be suspended.

(4)
If:

(a)
the Secretary suspends a person's disability support pension under subsection (1) or (3); and

(b)
the determination suspending the disability support pension continues in effect throughout the period of 2 years from the date of effect of the determination;

then, at the end of that period of 2 years, the determination granting the person disability support pension is, by force of this section, revoked.

(5)
If:

(a)
the Secretary suspends a person's disability support pension under subsection (1) or (3); and

(b)
the person has a partner who is receiving:

(i)
age pension; or
(ii)
disability support pension; or
(iii)
service pension;
then, for the period of the suspension, the partner is taken to be partnered (partner getting neither pension nor benefit).

(6)
If:

(a)
the Secretary suspends a person's disability support pension under subsection (1) or (3); and

(b)
the person has a partner who was, immediately before the suspension, receiving wife pension or carer payment;

the Secretary must determine that the partner's wife pension or carer payment, as the case may be, is not to be cancelled but is to be suspended.


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