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SOCIAL SECURITY (BUDGET AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1993 No. 121, 1993 - SECT 5
Insertion of new Part
5. After Part 2.12 of the Principal Act the following Part is inserted:
"PART 2.12A-MATURE AGE ALLOWANCES
"Division 1-Structure of Part and time limit on claims Structure of Part
"660XAA. Part 2.12A deals with 2 payment types, mature age allowance and
mature age partner allowance:
Division 1 sets out the date after which claims cannot be made.
Divisions 2, 3 and 11 are divided into Subdivisions that deal with either
mature age allowance or mature age partner allowance.
Divisions 4 to 10 and 12 also deal with both mature age allowance and mature
age partner allowance. The sections in those Divisions usually apply to both
allowances (eg section 660XDA). However, sometimes a section is divided into
subsections dealing with only one of the allowances (eg section 660XDG).
Claims to be lodged on or before 30 June 1996
"660XAB. A person is not to be granted a mature age allowance or mature age
partner allowance unless the person's claim for the allowance is lodged on or
before 30 June 1996. Note: For 'proper claim' see section 660XDB (form),
section 660XDC (manner of lodgment) and section 660XDD (residence/presence in
Australia).
"Division 2-Qualification for mature age allowance and
mature age partner allowance
"Subdivision A-Qualification for mature age allowance Qualification for mature
age allowance
"660XBA.(1) A person is qualified for mature age allowance if the person:
(a) has turned 60 but has not reached pension age; and
(b) satisfies the Secretary that the person is unemployed; and
(c) has been registered by the CES in an allowance category as unemployed
for a continuous period of at least 12 months immediately before a
claim period day; and
(d) either:
(i) has been receiving one or a combination of the following:
(A) a social security pension;
(B) a social security benefit;
(C) a service pension; or
(ii) has been a benefit increase partner; for a continuous period of
at least 12 months immediately before a claim period day; and
(e) has 10 years qualifying Australian residence; and
(f) is in Australia.
"(2) The qualifications in paragraphs (1)(c) and (1)(d) do not apply if the
person has previously received mature age allowance or mature age partner
allowance. Absence from Australia
"(3) For the purposes of paragraph (1)(f), a person is taken to be in
Australia if the person is temporarily absent from Australia for a period of
26 weeks or less.
"(4) In this section, 'claim period day' means:
(a) the day on which the claim is lodged; or
(b) any other day in the period of 3 months that starts immediately after
the day on which the claim is lodged. Note 1: For 'pension age' see
section 23. Note 2: 'CES' means the Commonwealth Employment Service
(see section 23). Note 3: For 'allowance category' see
subsection 23(4A). Note 4: For 'benefit increase partner' see
subsection 4(10). Note 5: For 'qualifying Australian residence' see
section 7. Note 6: Exceptions to the qualification requirements in
subsection (1) are set out in this Subdivision. Note 7: A mature age
allowance is not payable in certain situations even if the person is
qualified (see Subdivision A of Division 3). Note 8: A person
receiving mature age allowance may be automatically transferred to the
age pension if the person becomes qualified for age pension (see
subsection 48(3)). Assurance of support
"660XBB. A person is not qualified for mature age allowance on a day if the
Secretary is satisfied that:
(a) an assurance of support is in force in respect of the person (the
'assuree') on that day; and
(b) the person who gave the assurance of support is willing and able to
provide an adequate level of support to the assuree; and
(c) it is reasonable for the assuree to accept that support. Note: For
'assurance of support' see subsection 23(1). Person may be treated as
unemployed
"660XBC. If:
(a) a person undertakes paid work on a day; and
(b) the Secretary is of the opinion that, taking into account:
(i) the nature of the work; and
(ii) the duration of the work; and
(iii) any other matters relating to the work that the Secretary
considers relevant; the work should be disregarded; the
Secretary may treat the person as being unemployed on that day.
Persons participating in Jobskills to be treated as employed
"660XBD. A person participating in a Jobskills placement on a day is to be
treated by the Secretary as being employed on that day. Note: For 'Jobskills'
see subsection 23(1). Unemployment due to industrial action
"660XBE.(1) A person is not qualified for mature age allowance on a day unless
the person satisfies the Secretary that the person's unemployment on that day
was not due to the person being, or having been, engaged in industrial action
or in a series of industrial actions.
"(2) A person is not qualified for mature age allowance on a day unless the
Secretary is satisfied:
(a) that the person's unemployment on that day was due to other people
being, or having been, engaged in industrial action or a series of
industrial actions; and
(b) the people, or some of the people, were members of a trade union which
was involved in the industrial action; and
(c) the person was not a member of the trade union on that day. Note: For
'industrial action', 'trade union' and 'unemployment' see section 16.
"(3) Subsections (1) and (2) do not prevent a person from being qualified for
a mature age allowance on a day that occurs after the relevant industrial
action or series of industrial actions has stopped. Registration by CES
"660XBF. The Secretary may decide that a person does not have to satisfy
paragraph 660XBA(1)(c) (CES registration) if:
(a) the person is not registered as unemployed by the CES as required; and
(b) the Secretary is satisfied that there were circumstances beyond the
person's control relating to the person's failure to be registered;
and
(c) having regard to those circumstances, the Secretary is satisfied that
the person's failure to be registered should be disregarded. Certain
mature age allowance claimants do not have to satisfy paragraph
660XBA(1)(c)
"660XBG. If:
(a) a person is receiving a newstart allowance; and
(b) immediately before starting to receive the newstart allowance, the
person is receiving a mature age allowance; and
(c) the person claims a mature age allowance; and
(d) the person does not satisfy paragraph 660XBA(1)(c); for the purposes
of deciding if the person is qualified for mature age allowance, the
person does not have to satisfy that paragraph. Note: This section
assists certain persons who transfer between mature age allowance and
newstart allowance and in doing so do not continue to be registered
with the CES (see also subsection 599A(1)). Attendance at Reserve or
Emergency Force training camp
"660XBH. A person is not disqualified for mature age allowance if the person
is outside Australia attending a training camp as a member of:
(a) the Australian Naval Reserve; or
(b) the Naval Emergency Reserve Forces; or
(c) the Australian Army Reserve; or
(d) the Australian Air Force Reserve; or
(e) the Air Force Emergency Force; or
(f) the Army Individual Emergency Reserve.
"Subdivision B-Qualification for mature age partner allowance Qualification
for mature age partner allowance
"660XBI.(1) A person is qualified for mature age partner allowance if:
(a) the person is a member of a couple; and
(b) the person's partner is receiving mature age allowance; and
(c) the person is in Australia.
"(2) For the purposes of paragraph (1)(c), a person is taken to be in
Australia if the person is temporarily absent from Australia for a period of
26 weeks or less. Note 1: For 'member of a couple' see section 4. Note 2: A
person is not qualified if an assurance of support is in force (see section
660XBJ). Note 3: A person attending a training camp outside Australia as a
member of Australia's emergency or reserve armed forces may not have to be in
Australia to qualify for mature age partner allowance (see section 660XBK).
Note 4: A person who is receiving mature age partner allowance may be
automatically transferred to the age pension if the person becomes qualified
for the age pension or to wife pension if the person becomes qualified for the
wife pension (see subsections 48(3) and 152(3), respectively). Assurance of
support
"660XBJ. A person is not qualified for mature age partner allowance on a day
if the Secretary is satisfied that:
(a) an assurance of support is in force in respect of the person(the
'assuree') on that day; and
(b) the person who gave the assurance of support is willing and able to
provide an adequate level of support to the assuree; and
(c) it is reasonable for the assuree to accept that support. Note: For
'assurance of support' see subsection 23(1). Attendance at Reserve or
Emergency Force training camp
"660XBK. A person is not disqualified for mature age partner allowance if the
person is outside Australia attending a training camp as a member of:
(a) the Australian Naval Reserve; or
(b) the Naval Emergency Reserve Forces; or
(c) the Australian Army Reserve; or
(d) the Australian Air Force Reserve; or
(e) the Air Force Emergency Reserve; or
(f) the Army Individual Emergency Reserve.
"Division 3-Payability of mature age allowance and mature age partner
allowance
"Subdivision A-Payability of mature age allowance Mature age allowance not
payable in some circumstances
"660XCA.(1) Even though a person is qualified for mature age allowance, the
allowance may not be payable to the person because:
(a) the allowance has not commenced to be payable (see sections 660XCB and
660XCC); or
(b) the person has not provided a tax file number for the person (see
section 660XCD) or the person's partner (see section 660XCE); or
(c) another pension or benefit is being paid to the person (see section
660XCF); or
(d) the person is receiving a payment under an educational scheme or a
scheme providing allowances to refugees (see section 660XCG); or
(e) the person is receiving income that is paid by a community or group
from funds provided under a Commonwealth funded employment program
(see section 660XCH); or
(f) the person is in gaol (see Part 3.13); or
(g) the person is subject to a compensation preclusion period (see Part
3.14). Note: For 'Commonwealth funded employment program' see
subsection 23(1).
"(2) Subject to subsection (3), a mature age allowance is not payable to a
person if the person's mature age allowance rate would be nil.
"(3) Subsection (2) does not apply to a person if the person's rate would be
nil merely because an advance pharmaceutical allowance has been paid to the
person under:
(a) Part 2.23 of this Act; or
(b) Division 2 of Part VIIA of the Veterans' Entitlements Act. Mature age
allowance generally not payable before claim
"660XCB. A mature age allowance is not payable to a person before the person's
provisional commencement day (identified under section 660XCC). Provisional
commencement day General rule
"660XCC.(1) Subject to subsections (2) and (3), a person's provisional
commencement day is the day on which the person claims the mature age
allowance. Initial incorrect claim followed by claim for mature age allowance
"(2) If:
(a) a person makes a claim (the 'initial claim') for:
(i) a social security or service pension or a social security
benefit; or
(ii) a pension, allowance, benefit or other payment under another
Act, or under a program administered by the Commonwealth, that
is similar in character to the mature age allowance; and
(b) on the day on which the person makes the initial claim the person is
qualified for a mature age allowance; and
(c) the person subsequently makes a claim for a mature age allowance; and
(d) the Secretary is satisfied that it is reasonable for this subsection
to apply to the person; the person's provisional commencement day is
the day on which the person made the initial claim. Early claim
"(3) If:
(a) a person lodges a claim for a mature age allowance; and
(b) the person is not, on the day on which the claim is lodged, qualified
for a mature age allowance; and
(c) the person becomes qualified for a mature age allowance sometime
during the period of 3 months that starts immediately after the day on
which the claim is lodged; the person's provisional commencement day
is the first day on which the person is qualified for the allowance
and is an Australian resident and in Australia. Provision of person's
tax file number
"660XCD.(1) A mature age allowance is not payable to a person if:
(a) the person is required under section 660XDF or 660XIA to give the
Secretary a written statement of the person's tax file number; and
(b) at the end of the period of 28 days after the requirement is made, the
person has neither:
(i) given the Secretary a written statement of the person's tax
file number; nor
(ii) given the Secretary a declaration by the person in a form
approved by the Secretary and satisfied either subsection (2)
or (3).
"(2) The person satisfies this subsection if:
(a) the person's declaration states that the 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 person of
the person's tax file number; and
(b) the person has given the Secretary a document by the person that
authorises the Commissioner of Taxation to tell the Secretary:
(i) whether the person has a tax file number; and
(ii) if the person has a tax file number-the tax file number; and
(c) the Commissioner of Taxation has not told the Secretary that the
person has no tax file number.
"(3) The person satisfies this subsection if:
(a) the person's declaration states that an application by the person for
a tax file number is pending; and
(b) the person has given the Secretary a document by the person that
authorises the Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the person-the tax file
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
(c) the Commissioner of Taxation has not told the Secretary that an
application by the person for a tax file number has been refused; and
(d) the application for a tax file number has not been withdrawn.
Provision of partner's tax file number
"660XCE.(1) Subject to subsection (4), a mature age allowance is not payable
to a person if:
(a) the person is a member of a couple; and
(b) the person is required under section 660XDG or 660XIB to give the
Secretary a written statement of the tax file number of the person's
partner; and
(c) at the end of the period of 28 days after the requirement is made, the
person has neither:
(i) given the Secretary a written statement of the partner's tax
file number; nor
(ii) given the Secretary a declaration by the partner in a form
approved by the Secretary and satisfied either subsection (2)
or (3).
"(2) The person satisfies this subsection if:
(a) the partner's declaration states that the partner:
(i) has a tax file number but does not know what it is; and
(ii) has asked the Commissioner of Taxation to inform the partner of
the partner's tax file number; and
(b) the person has given the Secretary a document by the partner that
authorises the Commissioner of Taxation to tell the Secretary:
(i) whether the partner has a tax file number; and
(ii) if the partner has a tax file number-the tax file number; and
(c) the Commissioner of Taxation has not told the Secretary that the
partner has no tax file number.
"(3) The person satisfies this subsection if:
(a) the partner's declaration states that an application by the partner
for a tax file number is pending; and
(b) the person has given the Secretary a document by the partner that
authorises the Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the partner-the tax file
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
(c) the Commissioner of Taxation has not told the Secretary that an
application by the partner for a tax file number has been refused; and
(d) the application for a tax file number has not been withdrawn.
"(4) The Secretary may waive the requirement for a statement of the partner's
tax file number if the Secretary is satisfied that:
(a) the person does not know the partner's tax file number; and
(b) the person can obtain none of the following from the partner:
(i) the partner's tax file number;
(ii) a statement of the partner's tax file number;
(iii) a declaration by the partner under subparagraph (1)(c)(ii).
Multiple entitlement exclusion
"660XCF.(1) A mature age allowance is not payable to a person if the person is
already receiving a service pension.
"(2) If:
(a) a person is receiving a mature age allowance; and
(b) another social security pension, a social security benefit or a
service pension becomes payable to the person; the mature age
allowance is not payable to the person. Note 1: Another payment type
will generally not become payable to the person until the person
claims it. Note 2: For the day on which the mature age allowance
ceases to be payable see section 660XJB.
"(3) A mature age allowance is not payable to a woman if:
(a) the woman is an armed services widow; and
(b) the woman is receiving:
(i) a pension under Part II or IV of the Veterans' Entitlements Act
at a rate determined under or by reference to subsection 30(1)
of that Act; or
(ii) a pension under the Seamen's War Pensions and Allowances Act
1940 at a rate determined under subsection 18(2) of that Act;
unless:
(c) the woman has been receiving a payment referred to in subparagraph
(b)(i) or (ii) continuously since before 1 November 1986; and
(d) before 1 November 1986 the woman was also receiving a social security
benefit. Note 1: For 'armed services widow' see subsection 4(1). Note
2: A widow receiving a payment under the Veterans' Entitlements Act
who is not covered by paragraph (b) may be paid at a lower rate (see
subsection 1064(5)).
"(4) A mature age allowance is not payable to a man if:
(a) the man is an armed services widower; and
(b) the man is receiving a pension under Part II or IV of the Veterans'
Entitlements Act at a rate determined under or by reference to
subsection 30(1) of that Act. Note: For 'armed services widower' see
subsection 4(1). Educational and other schemes exclusion
"660XCG.(1) If:
(a) a payment is, or may be, made in respect of a person under:
(i) a prescribed educational scheme other than the ABSTUDY Tertiary
Scheme to the extent that it applies to part-time students; or
(ii) the scheme to provide an allowance known as the Maintenance
Allowance for Refugees; and
(b) the payment relates to a period; mature age allowance is not payable
to the person on a pension payday that falls within the period. Note:
For 'prescribed educational scheme' see section 5.
"(2) If:
(a) a person may enrol in a full-time course of education; and
(b) a payment under a scheme referred to in subsection (1) may be made in
respect of the person; the Secretary may decide that, in spite of
subsection (1), mature age allowance is payable to the person before
the person starts the course. Commonwealth funded employment program
exclusion
"660XCH. If:
(a) a person receives, or may receive, income that is paid by a community
or group from funds provided under a Commonwealth funded employment
program; and
(b) the income is paid in respect of a period; mature age allowance is not
payable to the person on a pension payday that falls within the
period. Note: For 'Commonwealth funded employment program' see
subsection 23(1).
"Subdivision B-Payability of mature age partner allowance Mature age partner
allowance not payable in some circumstances
"660XCI.(1) Even though a person is qualified for a mature age partner
allowance, the allowance may not be payable to the person because:
(a) the allowance has not commenced to be payable (see sections 660XCJ and
660XCK); or
(b) the person has not provided a tax file number for the person (see
section 660XCL) or the person's partner (see section 660XCM); or
(c) another pension or benefit is being paid to the person (see section
660XCN); or
(d) a person is receiving a payment under certain educational schemes (see
section 660XCO); or
(e) the person is receiving income that is paid by a community or group
from funds provided under a Commonwealth funded employment program
(see section 660XCP); or
(f) the person is in gaol (see Part 3.13); or
(g) the person is subject to a compensation preclusion period (see Part
3.14). Note: For 'Commonwealth funded employment program' see
subsection 23(1).
"(2) Subject to subsection (3), a mature age partner allowance is not payable
to a person if the person's mature age partner allowance rate would be nil.
"(3) Subsection (2) does not apply to a person if the person's rate would be
nil merely because an advance pharmaceutical allowance has been paid to the
person under:
(a) Part 2.23 of this Act; or
(b) Division 2 of Part VIIA of the Veterans' Entitlements Act. Mature age
partner allowance generally not payable before claim
"660XCJ. A mature age partner allowance is not payable to a person before the
person's provisional commencement day (identified under section 660XCK).
Provisional commencement day General rule
"660XCK.(1) Subject to subsections (2) and (3), a person's provisional
commencement day is the day on which the person claims the mature age partner
allowance. Initial incorrect claim followed by claim for mature age partner
allowance
"(2) If:
(a) a person makes a claim (the 'initial claim') for:
(i) a social security or service pension or a social security
benefit; or
(ii) a pension, allowance, benefit or other payment under another
Act, or under a program administered by the Commonwealth, that
is similar in character to the mature age partner allowance;
and
(b) on the day on which the person makes the initial claim, the person is
qualified for a mature age partner allowance; and
(c) the person subsequently makes a claim for a mature age partner
allowance; and
(d) the Secretary is satisfied that it is reasonable for this subsection
to apply to the person; the person's provisional commencement day is
the day on which the person made the initial claim. Early claim
"(3) If:
(a) a person lodges a claim for a mature age partner allowance; and
(b) the person is not, on the day on which the claim is lodged, qualified
for a mature age partner allowance; and
(c) the person becomes qualified for a mature age partner allowance
sometime during the period of 3 months that starts immediately after
the day on which the claim is lodged; the person's provisional
commencement day is the first day on which the person is qualified for
the allowance and is an Australian resident and in Australia.
Provision of person's tax file number
"660XCL.(1) A mature age partner allowance is not payable to a person if:
(a) the person is required under section 660XDF or 660XIA to give the
Secretary a written statement of the person's tax file number; and
(b) at the end of the period of 28 days after the requirement is made, the
person has neither:
(i) given the Secretary a written statement of the person's tax
file number; nor
(ii) given the Secretary a declaration by the person in a form
approved by the Secretary and satisfied either subsection (2)
or (3).
"(2) The person satisfies this subsection if:
(a) the person's declaration states that the 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 person of
the person's tax file number; and
(b) the person has given the Secretary a document by the person that
authorises the Commissioner of Taxation to tell the Secretary:
(i) whether the person has a tax file number; and
(ii) if the person has a tax file number-the tax file number; and
(c) the Commissioner of Taxation has not told the Secretary that the
person has no tax file number.
"(3) The person satisfies this subsection if:
(a) the person's declaration states that an application by the person for
a tax file number is pending; and
(b) the person has given the Secretary a document by the person that
authorises the Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the person-the tax file
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
(c) the Commissioner of Taxation has not told the Secretary that an
application by the person for a tax file number has been refused; and
(d) the application for a tax file number has not been withdrawn.
Provision of partner's tax file number
"660XCM.(1) Subject to subsection (4), a mature age partner allowance is not
payable to a person if:
(a) the person is required under section 660XDG or 660XIB to give the
Secretary a written statement of the tax file number of the person's
partner; and
(b) at the end of the period of 28 days after the requirement is made, the
person has neither:
(i) given the Secretary a written statement of the partner's tax
file number; nor
(ii) given the Secretary a declaration by the partner in a form
approved by the Secretary and satisfied either subsection (2)
or (3).
"(2) The person satisfies this subsection if:
(a) the partner's declaration states that the partner:
(i) has a tax file number but does not know what it is; and
(ii) has asked the Commissioner of Taxation to inform the partner of
the partner's tax file number; and
(b) the person has given the Secretary a document by the partner that
authorises the Commissioner of Taxation to tell the Secretary:
(i) whether the partner has a tax file number; and
(ii) if the partner has a tax file number-the tax file number; and
(c) the Commissioner of Taxation has not told the Secretary that the
partner has no tax file number.
"(3) The person satisfies this subsection if:
(a) the partner's declaration states that an application by the partner
for a tax file number is pending; and
(b) the person has given the Secretary a document by the partner that
authorises the Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the partner-the tax file
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
(c) the Commissioner of Taxation has not told the Secretary that an
application by the partner for a tax file number has been refused; and
(d) the application for a tax file number has not been withdrawn.
"(4) The Secretary may waive the requirement for a statement of the partner's
tax file number if the Secretary is satisfied that:
(a) the person does not know the partner's tax file number; and
(b) the person can obtain none of the following from the partner:
(i) the partner's tax file number;
(ii) a statement of the partner's tax file number;
(iii) a declaration by the partner under subparagraph (1)(c)(ii).
Multiple entitlement exclusion
"660XCN.(1) A mature age partner allowance is not payable to a person if the
person is already receiving a service pension.
"(2) If:
(a) a person is receiving a mature age partner allowance; and
(b) another social security pension, a social security benefit or a
service pension becomes payable to the person; the mature age partner
allowance is not payable to the person. Note 1: Another payment type
will generally not become payable to the person until the person
claims it. Note 2: For the day on which the mature age partner
allowance ceases to be payable see section 660XJB. "(3) A mature age
partner allowance is not payable to a person if the person is
receiving:
(a) a pension under Part II or IV of the Veterans' Entitlements Act at a
rate determined under or by reference to subsection 30(1) of that Act;
or
(b) a pension under the Seamen's War Pensions and Allowances Act 1940 at a
rate determined under subsection 18(2) of that Act. Educational
schemes exclusion
"660XCO.(1) If:
(a) a payment has been, or may be, made in respect of a person under:
(i) the AUSTUDY Scheme; or
(ii) the ABSTUDY Scheme; or
(iii) the Student Financial Supplement Scheme; and
(b) the payment relates to a period; mature age partner allowance is not
payable to the person on a pension payday that falls within the
period.
"(2) If:
(a) a person may enrol in a full-time course of education; and
(b) a payment under a scheme referred to in subsection (1) may be made in
respect of the person; the Secretary may decide that, in spite of
subsection (1), mature age partner allowance is payable to the person
before the person starts the course. Commonwealth funded employment
program exclusion
"660XCP. If:
(a) a person receives, or may receive, income that is paid by a community
or group from funds provided under a Commonwealth funded employment
program; and
(b) the income is paid in respect of a period; mature age partner
allowance is not payable to the person on a pension payday that falls
within the period. Note: For 'Commonwealth funded employment program'
see subsection 23(1).
"Division 4-Claim for mature age allowance and mature age partner
allowance Need for a claim
"660XDA.(1) A person who wants to be granted mature age allowance or mature
age partner allowance must make a proper claim for that allowance. Note: For
'proper claim' see section 660XDB (form), section 660XDC (manner of lodgment)
and section 660XDD (residence/presence in Australia).
"(2) For the purposes of subsection (1), if:
(a) a claim for mature age allowance or mature age partner allowance is
made by or on behalf of a person; and
(b) at the time when the claim is made, the claim cannot be granted
because the person is not qualified for the allowance; and
(c) the person does not become qualified for the allowance during the
period of 3 months that starts immediately after the day on which the
claim is lodged; the claim is taken not to have been made. Form of
claim
"660XDB. To be a proper claim, a claim must be made in writing and must be in
accordance with a form approved by the Secretary. Lodgment of claim
"660XDC.(1) To be a proper claim, a claim must be lodged:
(a) at an office of the Department; or
(b) at a place approved for the purpose by the Secretary; or
(c) with a person approved for the purpose by the Secretary.
"(2) A place or person approved under subsection (1) must be a place or person
in Australia. Claimant must be an Australian resident and in Australia
"660XDD. A claim by a person is not a proper claim unless the person is:
(a) an Australian resident; and
(b) in Australia; on the day on which the claim is lodged. Note: For
'Australian resident' see subsections 7(2) and (3). Claim may be
withdrawn
"660XDE.(1) A claimant for mature age allowance or mature age partner
allowance, or a person on behalf of a claimant, may withdraw a claim that has
not been determined.
"(2) A claim that is withdrawn is taken to have not been made.
"(3) A withdrawal may be made orally or in writing. Secretary may require
claimant to give statement of claimant's tax file number
"660XDF. If a claimant for mature age allowance or mature age partner
allowance is in Australia, the Secretary may require the claimant to give the
Secretary a written statement of the claimant's tax file number. Note 1: For
the consequences of a failure to comply with the requirement see sections
660XCD and 660XCL. Note 2: In some cases the requirement can be satisfied by
giving the Secretary a declaration by the claimant about the claimant's tax
file number and an authority by the claimant to the Commissioner of Taxation
to give the Secretary certain information about the claimant's tax file number
(see subsections 660XCD(2) and (3) and 660XCL(2) and (3)). Secretary may
require claimant to give statement of partner's tax file number Claimant for
mature age allowance
"660XDG.(1) If:
(a) a claimant for a mature age allowance is a member of a couple; and
(b) the claimant's partner is in Australia; the Secretary may require the
claimant to give the Secretary a written statement of the tax file
number of the claimant's partner. Claimant for mature age partner
allowance
"(2) The Secretary may require the claimant of a mature age partner allowance
to give the Secretary a written statement of the tax file number of the
claimant's partner if the partner is in Australia. Note 1: For the
consequences of a failure to comply with the requirement see sections 660XCE
and 660XCM. Note 2: In some cases the requirement can be satisfied by giving
the Secretary a declaration by the partner about the partner's tax file number
and an authority by the partner to the Commissioner of Taxation to give the
Secretary certain information about the partner's tax file number (see
subsections 660XCE(2) and (3) and 660XCM (2) and (3)). Note 3: The Secretary
can waive the requirement in some cases (see subsections 660XCE(4) and
660XCM(4)).
"Division 5-Determination of claim
Secretary to determine claim
"660XEA. The Secretary must, in accordance with this Act, determine the claim.
Grant of claim
"660XEB. The Secretary is to determine that the claim is to be granted if the
Secretary is satisfied that:
(a) the person is qualified for a mature age allowance or mature age
partner allowance; and
(b) the allowance is payable. Date of effect of determination
"660XEC.(1) Subject to subsections (2), (3) and (4), a determination under
section 660XEB takes effect on the day on which the determination is made or
on such later day or earlier day as is specified in the determination.
Notified decision-review sought within 3 months
"(2) If:
(a) a decision (the 'previous decision') is made rejecting a person's
claim for a mature age allowance or mature age partner allowance; and
(b) a notice is given to the person advising the person of the making of
the previous decision; and
(c) the person applies to the Secretary under section 1240, within months
after the notice is given, for review of the previous decision; and
(d) a determination granting the claim is made as a result of the
application for review; the determination takes effect on the day on
which the previous decision took effect. Notified decision-review
sought after 3 months
"(3) If:
(a) a decision (the 'previous decision') is made rejecting a person's
claim for mature age allowance or mature age partner allowance; and
(b) a notice is given to the person advising the person of the making of
the previous decision; and
(c) the person applies to the Secretary under section 1240, more than
months after the notice is given, for review of the previous decision;
and
(d) a determination granting the claim is made as a result of the
application for review; the determination takes effect on the day on
which the person sought the review. Decision not notified
"(4) If:
(a) a decision (the 'previous decision') is made rejecting a person's
claim for mature age allowance or mature age partner allowance; and
(b) no notice is given to the person advising the person of the making of
the previous decision; and
(c) the person applies to the Secretary under section 1240 for review of
the previous decision; and
(d) a determination granting the claim is made as a result of the
application for review; the determination takes effect on the day on
which the previous decision took effect.
"Division 6-Rate of mature age allowance and mature age
partner allowance How to work out a person's mature age allowance or mature
age partner allowance
"660XFA. A person's mature age allowance or mature age partner allowance rate
is worked out by using Pension Rate Calculator A at the end of section 1064
(see Part 3.2).
"Division 7-Payment of mature age allowance or mature age
partner allowance Commencement of payment of mature age allowance or mature
age partner allowance
"660XGA. A mature age allowance or mature age partner allowance becomes
payable to a person on the first day on which:
(a) the person is qualified for the allowance; and
(b) no provision of this Act makes the allowance not payable to the
person. Note 1: For qualification for mature age allowance (see
section 660XBA) and mature age partner allowance (see section 660XBI).
Note 2: For the circumstances in which a mature age allowance is not
payable see section 660XCA. Note 3: For the circumstances in which a
mature age partner allowance is not payable see section 660XCI.
Payment by instalments
"660XGB.(1) Subject to section 660XGC, a full instalment of mature age
allowance or mature age partner allowance is payable to a person on each
pension payday on which:
(a) the person is qualified for the allowance; and
(b) the allowance is payable to the person.
"(2) If the person is outside Australia, the instalments referred to in
subsection (1) are to be paid to the person on such pension paydays as the
Secretary determines for the purposes of this subsection. Effect on
instalments of backdating claim
"660XGC. If:
(a) a person claims a mature age allowance or a mature age partner
allowance on a particular day (the 'claim day'); and
(b) the person's provisional commencement day is before the claim day; and
(c) there is a pension payday on or after the provisional commencement day
and before the claim day; then:
(d) no instalment of the allowance is payable on that payday; and
(e) a full instalment of the allowance in respect of that payday is
payable on the first pension payday on or after the claim day. Note:
For 'provisional commencement day' see sections 660XCC and 660XCK.
Calculation of amount of instalment
"660XGD.(1) The amount of an instalment of mature age allowance or mature age
partner allowance is the amount worked out by dividing the amount of the
annual rate of the allowance by 26.
"(2) If the amount that is payable to a person on a pension payday is not a
multiple of 10 cents, the amount is, subject to subsection (3), to be
increased or decreased to the nearest multiple of 10 cents.
"(3) If the amount that is payable to a person on a pension payday is a
multiple of 5 cents, the amount is to be increased by 5 cents.
"(4) If:
(a) an amount of pharmaceutical allowance is added to a person's maximum
basic rate in working out the amount of an instalment of mature age
allowance or mature age partner allowance; and
(b) apart from this subsection, the amount of the instalment would be less
than the person's fortnightly PA rate; the amount of the instalment is
to be increased to the person's fortnightly PA rate.
"(5) For the purposes of subsection (4), the person's fortnightly PA rate is:
pharmaceutical allowance rate
26 where: 'pharmaceutical allowance rate' is the yearly amount of
pharmaceutical allowance added to the person's maximum basic rate in working
out the amount of the instalment.
"(6) If, apart from this subsection, the amount of an instalment of mature age
allowance or mature age partner allowance would be less than $1.00, the amount
of the instalment is to be increased to $1.00. Instalments to be paid to
person or nominee
"660XGE.(1) Subject to subsection (3), instalments of a person's mature age
allowance or mature age partner allowance are to be paid to that person.
"(2) The Secretary may direct that the whole or part of the instalments of a
person's allowance are to be paid to someone else on behalf of the person.
"(3) If the Secretary makes a direction under subsection (2), the instalments
are to be paid in accordance with the direction. Payment into bank account
etc.
"660XGF.(1) An amount that is to be paid to a person under section 660XGE is
to be paid in the manner set out in this section.
"(2) Subject to this section, the amount is to be paid to the credit of a bank
account, credit union account or building society account nominated and
maintained by the person.
"(3) The account may be an account that is maintained by the person either
alone or jointly or in common with another person.
"(4) If the person has not nominated an account for the purposes of subsection
(2), then, subject to subsections (5) and (7), the amount is not to be paid.
"(5) If:
(a) an amount has not been paid because of subsection (4); and
(b) the person nominates an account for the purposes of subsection (2);
the amount is to be paid under subsection (2).
"(6) The Secretary may direct that the whole or a part of the amount be paid
to the person in a different way from that provided for by subsection (2).
"(7) If the Secretary gives a direction under subsection (6), the amount is to
be paid in accordance with the direction. Where allowance payday would fall on
public holiday etc.
"660XGG. If the Secretary is satisfied that an amount of mature age allowance
or mature age partner allowance that would normally be paid on a particular
day cannot reasonably be paid on that day (because, for example, it is a
public holiday or a bank holiday), the Secretary may direct that the amount be
paid on an earlier day. Payment of mature age allowance or mature age partner
allowance after death
"660XGH.(1) If:
(a) a mature age allowance or mature age partner allowance is payable to a
person; and
(b) the person dies; and
(c) at the date of the person's death the person had not received an
amount of the allowance payable to him or her; and
(d) another person applies to receive that amount; and
(e) the application is made:
(i) within 6 months after the death; or
(ii) within a further period allowed by the Secretary in special
circumstances; the Secretary may pay the amount to the person
who, in the Secretary's opinion, is best entitled to it.
"(2) If the Secretary pays an amount of the allowance under subsection (1),
the Commonwealth has no further liability to any person in respect of that
amount of the allowance.
"Division 8-Protection of mature age allowance and mature
age partner allowance Mature age allowance and mature age partner allowance to
be absolutely inalienable
"660XHA.(1) Subject to subsections (2) and (3) and section 1359, mature age
allowance and mature age partner allowance are absolutely inalienable, whether
by way of, or in consequence of, sale, assignment, charge, execution,
bankruptcy or otherwise. Payments to Commissioner of Taxation at recipient's
request
"(2) The Secretary may make deductions from the instalments of mature age
allowance or mature age partner allowance payable to a person if the recipient
asks the Secretary:
(a) to make the deductions; and
(b) to pay the amounts to be deducted to the Commissioner of Taxation.
Note: The Secretary must make deductions from a person's social
security payment if requested by the Commissioner of Taxation (see
section 1359). Deductions from instalments with recipient's consent
"(3) The Secretary may make deductions from the instalments of mature age
allowance or mature age partner allowance payable to a person if the recipient
consents under section 1234A to the Secretary making the deductions. Note:
Section 1234A enables the Secretary to recover a debt from a person other than
the debtor if the person is receiving a social security payment. Effect of
garnishee or attachment order
"660XHB.(1) If:
(a) a person has an account with a financial institution; and
(b) instalments of mature age allowance or mature age partner allowance
payable to the person (whether on the person's own behalf or not) are
being paid to the credit of that account; and
(c) a court order in the nature of a garnishee order comes into force in
respect of the account; the court order does not apply to the saved
amount (if any) in the account.
"(2) The saved amount is worked out as follows:
Method statement Step 1. Work out the total amount of mature age allowance or
mature age partner allowance payable to the person that has been paid to the
credit of the account during the 4 week period immediately before the court
order came into force. Step 2. Subtract from that amount the total amount
withdrawn from the account during the same 4 week period: the result is the
saved amount.
"(3) This section applies to an account whether it is maintained by a person:
(a) alone; or
(b) jointly with another person; or
(c) in common with another person. Note: A person affected by a garnishee
order may have other saved amounts if the person receives telephone
allowance (see section 1061X).
"Division 9-Recipient obligations Secretary may require recipient to give
statement of recipient's tax file number
"660XIA. If a recipient of a mature age allowance or mature age partner
allowance is in Australia, the Secretary may require the recipient to give the
Secretary a written statement of the recipient's tax file number. Note 1: For
the consequences of a failure to comply with the requirement see sections
660XCD and 660XCL. Note 2: In some cases the requirement can be satisfied by
giving the Secretary a declaration by the recipient about the recipient's tax
file number and an authority by the recipient to the Commissioner of Taxation
to give the Secretary certain information about the recipient's tax file
number (see subsections 660XCD (2) and (3) and 660XCL(2) and (3)). Secretary
may require recipient to give statement of partner's tax file number Mature
age allowance recipient
"660XIB.(1) If:
(a) a mature age allowance recipient is a member of a couple; and
(b) the recipient's partner is in Australia; the Secretary may require the
recipient to give the Secretary a written statement of the tax file
number of the recipient's partner. Mature age partner allowance
recipient
"(2) The Secretary may require the recipient of a mature age partner allowance
to give the Secretary a written statement of the tax file number of the
recipient's partner if the partner is in Australia. Note 1: For the
consequences of a failure to comply with the requirement see sections 660XCE
and 660XCM. Note 2: In some cases the requirement can be satisfied by giving
the Secretary a declaration by the partner about the partner's tax file number
and an authority by the partner to the Commissioner of Taxation to give the
Secretary certain information about the partner's tax file number (see
subsections 660XCE(2) and (3) and 660XCM(2) and (3)). Note 3: The Secretary
can waive the requirement in some cases (see subsections 660XCE(4) and
660XCM(4)). Secretary may require notice of the happening of an event or a
change in circumstances
"660XIC.(1) The Secretary may give a person to whom a mature age allowance or
mature age partner allowance is being paid a notice that requires the person
to inform the Department if:
(a) a specified event or change of circumstances occurs; or
(b) the person becomes aware that a specified event or change of
circumstances is likely to occur.
"(2) An event or change of circumstances is not to be specified in a notice
under subsection (1) unless the occurrence of the event or change of
circumstances might affect the payment of the allowance.
"(3) Subject to subsection (4), a notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the person is to give the information to the
Department; and
(d) must specify the period within which the person is to give the
information to the Department; and
(e) must specify that the notice is a recipient notification notice given
under this Act.
"(4) A notice under subsection (1) is not invalid merely because it fails to
comply with paragraph (3)(c) or (e).
"(5) The period specified under paragraph (3)(d) must end at least 14 days
after:
(a) the day on which the event or change of circumstances occurs; or
(b) the day on which the person becomes aware that the event or change of
circumstances is likely to occur.
"(6) If a notice requires the person to inform the Department of any proposal
by the person to leave Australia, subsection (5) does not apply to that
requirement.
"(7) A person must not, without reasonable excuse, refuse or fail to comply
with a notice under subsection (1) to the extent that the person is capable of
complying with the notice. Note: Subsections 4B(2) and (3) of the
Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in
addition to, a term of imprisonment. Penalty: Imprisonment for 6 months.
"(8) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not
in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.
Secretary may require recipient to give particular information
relevant to payment of mature age allowance or mature age partner
allowance
"660XID.(1) The Secretary may give a person to whom a mature age allowance or
mature age partner allowance is being paid a notice that requires the person
to give the Department a statement about a matter that might affect the
payment of the allowance to the person.
"(2) Subject to subsection (3), a notice under subsection (1):
(a) must be in writing; and
(b) may be given personally or by post; and
(c) must specify how the statement is to be given to the Department; and
(d) must specify the period within which the person is to give the
statement to the Department; and
(e) must specify that the notice is a recipient statement notice given
under this Act.
"(3) A notice under subsection (1) is not invalid merely because it fails to
comply with paragraph (2)(c) or (e).
"(4) The period specified under paragraph (2)(d) must end at least 14 days
after the day on which the notice is given.
"(5) A statement given in response to a notice under subsection (1) must be in
writing and in accordance with a form approved by the Secretary.
"(6) A person must not, without reasonable excuse, refuse or fail to comply
with a notice under subsection (1) to the extent that the person is capable of
complying with the notice. Note: Subsections 4B(2) and (3) of the
Crimes Act 1914 allow a court to impose an appropriate fine instead of, or in
addition to, a term of imprisonment. Penalty: Imprisonment for 6 months.
"(7) This section extends to:
(a) acts, omissions, matters and things outside Australia whether or not
in a foreign country; and
(b) all persons irrespective of their nationality or citizenship.
"Division 10-Continuation, variation and termination
"Subdivision A-General Continuing effect of determination Entitlement
determination
"660XJA.(1) A determination that:
(a) a person's claim for a mature age allowance or mature age partner
allowance is granted; or
(b) a mature age allowance or mature age partner allowance is payable to a
person; continues in effect until:
(c) the allowance ceases to be payable under section 660XJB, 660XJC,
660XJD or 660XJE; or
(d) a further determination in relation to the allowance under section
660XJL or 660XJM has taken effect. Note 1: For paragraph (a) see
section 660XEB. Note 2: For paragraph (b) see section 660XJO-this
paragraph is relevant where the determination in question reverses an
earlier cancellation or suspension. Note 3: For paragraph (d) see also
section 660XJN. Rate determination
"(2) A determination of the rate of a mature age allowance or mature age
partner allowance continues in effect until:
(a) the allowance becomes payable at a lower rate under section 660XJF,
660XJG or 660XJH; or
(b) a further determination in relation to the allowance under section
660XJJ or 660XJK has taken effect. Note: For paragraph (b) see also
section 660XJN.
"Subdivision B-Automatic termination Automatic termination-transfer to new
payment type
"660XJB. If:
(a) a person is receiving a mature age allowance or mature age partner
allowance; and
(b) another social security pension or a social security benefit or a
service pension becomes payable to the person; the allowance ceases to
be payable to the person immediately before the day on which the other
pension or benefit becomes payable to the person. Automatic
termination of mature age partner allowance-transfer of partner to new
payment type
"660XJC. If:
(a) a person is receiving a mature age partner allowance; and
(b) a social security pension, a social security benefit or a service
pension becomes payable to the person's partner; and
(c) because the pension or benefit referred to in paragraph (b) becomes
payable to the partner, a mature age allowance ceases to be payable to
the partner; the mature age partner allowance ceases to be payable to
the person immediately before the day on which the pension or benefit
referred to in paragraph (b) becomes payable to the partner. Automatic
termination-recipient complying with section 660XIC notification
obligations
"660XJD. If:
(a) a person who is receiving a mature age allowance or mature age partner
allowance is given a notice under section 660XIC; and
(b) the notice requires the person to inform the Department of the
occurrence of an event or change in circumstances within a specified
period (the 'notification period'); and
(c) the event or change in circumstances occurs; and
(d) the person informs the Department of the occurrence of the event or
change in circumstances within the notification period in accordance
with the notice; and
(e) because of the occurrence of the event or change in circumstances:
(i) the person ceases to be qualified for the allowance; or
(ii) the allowance would, but for this section, cease to be payable
to the person; and
(f) the allowance is not cancelled before the end of the notification
period; the allowance continues to be payable to the person until the
end of the notification period and then ceases to be payable to the
person. Note: If the person informs the Department, within the
notification period, of an event or change in circumstances that
reduces the rate of the person's allowance, there is no automatic rate
reduction and a determination under section 660XJK must be made in
order to bring the rate reduction into effect. Automatic
termination-recipient not complying with section 660XIC notification
obligations
"660XJE. If:
(a) a person who is receiving a mature age allowance or mature age partner
allowance is given a notice under section 660XIC; and
(b) the notice requires the person to inform the Department of the
occurrence of an event or change in circumstances within a specified
period (the 'notification period'); and
(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the
event or change in circumstances within the notification period in
accordance with the notice; and
(e) because of the occurrence of the event or the change in circumstances:
(i) the person ceases to be qualified for the allowance; or
(ii) the allowance ceases to be payable to the person; the allowance
ceases to be payable to the person immediately after the day on
which the event or change in circumstances occurs.
"Subdivision C-Automatic rate reduction Automatic rate reduction of mature age
allowance-partner starting to receive pension or benefit
"660XJF. If:
(a) a person is receiving a mature age allowance; and
(b) the person's partner starts to receive:
(i) a social security pension or benefit; or
(ii) a service pension; and
(c) the person's mature age allowance rate is reduced because of the
partner's receipt of that pension or benefit; the allowance becomes
payable to the person at the reduced rate on the day on which the
partner starts to receive that pension or benefit. Automatic rate
reduction-recipient not complying with section 660XIC notification
obligations
"660XJG. If:
(a) a person who is receiving a mature age allowance or mature age partner
allowance is given a notice under section 660XIC; and
(b) the notice requires the person to inform the Department of the
occurrence of an event or change in circumstances within a specified
period (the 'notification period'); and
(c) the event or change in circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the
event or change in circumstances within the notification period in
accordance with the notice; and
(e) because of the occurrence of the event or change in circumstances, the
person's rate of allowance is to be reduced; the allowance becomes
payable to the person at the reduced rate immediately after the day on
which the event or change in circumstances occurs. Automatic rate
reduction-failure to inform Department of payment for remunerative
work where earnings credit account balance available
"660XJH. If:
(a) a person who is receiving a mature age allowance or mature age partner
allowance is given a notice under section 660XIC; and
(b) the notice requires the person to inform the Department of income for
remunerative work undertaken by the person; and
(c) the person fails to notify the Department of income of that kind in
accordance with the notice; and
(d) the person has an earnings credit account balance for the purposes of
Division 4 of Part 3.10; the allowance becomes payable to the person
at the reduced rate from the first pension payday after the day on
which the person's earnings credit account balance is reduced to nil.
Changes to payments by computer following automatic termination or
reduction
"660XJI. If:
(a) a person is receiving a mature age allowance or mature age partner
allowance on the basis of data in a computer; and
(b) the allowance is automatically terminated or the allowance rate is
automatically reduced by the operation of a provision of this Act; and
(c) the automatic termination or reduction is given effect to by the
operation of a computer program approved by the Secretary stopping
payment or reducing the rate of payment of the allowance; there is
taken to be a decision by the Secretary that the automatic termination
or rate reduction provision applies to the person's allowance. Note:
The decision that is taken to have been made is a decision of an
officer for the purposes of review by the Secretary (see sections 1239
and 1240) and the Social Security Appeals Tribunal (see section 1247).
"Subdivision D-Determinations
Rate increase determination
"660XJJ. If the Secretary is satisfied that the rate at which a mature age
allowance or mature age partner allowance is being, or has been, paid is less
than the rate provided for by this Act, the Secretary is to determine that the
rate is to be increased to the rate specified in the determination. Note: For
the date of effect of a determination under this section see section 660XJP.
Rate reduction determination
"660XJK. If the Secretary is satisfied that the rate at which a mature age
allowance or mature age partner allowance is being, or has been, paid is more
than the rate provided for by this Act, the Secretary is to determine that the
rate is to be reduced to the rate specified in the determination. Note 1: A
determination under this section is not necessary in a case where an automatic
rate reduction is produced by section 660XJG or 660XJH (see subsection
660XJA(2)). Note 2: For the date of effect of a determination under this
section see section 660XJQ. Cancellation or suspension determination
"660XJL. If the Secretary is satisfied that a mature age allowance or mature
age partner allowance is being, or has been, paid to a person to whom it is
not, or was not, payable under this Act, the Secretary is to determine that
the allowance is to be cancelled or suspended. Note 1: A determination under
this section is not necessary in a case where an automatic termination is
produced by section 660XJD or 660XJE (see subsection 660XJA(1)). Note 2: For
the date of effect of a determination under this section see section 660XJQ.
Cancellation or suspension for failure to comply with section 660XID, 1304 or
1305 notice
"660XJM. If:
(a) a person who is receiving a mature age allowance or mature age partner
allowance is given a notice under section 660XID, 1304 or 1305; and
(b) the person does not comply with the requirements set out in the
notice; the Secretary may determine that the allowance is to be
cancelled or suspended. Note 1: This section will not apply in a case
where section 660XJL applies. Note 2: For the date of effect of a
determination under this section see section 660XJQ. Changes to
payments by computer
"660XJN. If:
(a) payment of a mature age allowance or mature age partner allowance to a
person is based upon data in a computer; and
(b) the allowance rate is increased or reduced, or the allowance is
cancelled or suspended, because of the operation of a computer program
approved by the Secretary; and
(c) the program causes the change for a reason for which the Secretary
could determine the change; the change is taken to have been made
because of a determination by the Secretary for that reason. Note: The
determination that is taken to have been made is a decision of an
officer for the purposes of review by the Secretary (see sections 1239
and 1240) and the Social Security Appeals Tribunal (see section 1247).
Resumption of payment after cancellation or suspension
"660XJO.(1) If the Secretary:
(a) cancels or suspends a person's mature age allowance or mature age
partner allowance under section 660XJL or 660XJM; and
(b) reconsiders the decision to cancel or suspend; and
(c) becomes satisfied that because of the decision to cancel or suspend:
(i) the person did not receive a mature age allowance or mature age
partner allowance that was payable to the person; or
(ii) the person is not receiving a mature age allowance or mature
age partner allowance that is payable to the person; the
Secretary is to determine that a mature age allowance or mature
age partner allowance was or is payable to the person.
"(2) The reconsideration referred to in paragraph (1)(b) might be a
reconsideration on an application under section 1240 for review or a
reconsideration on the Secretary's own initiative. Note: For the date of
effect of a determination under this section see section 660XJP.
"Subdivision E-Date of effect of determinations Date of effect of favourable
determination
"660XJP.(1) The day on which a determination under section 660XJJ or 660XJO
(the 'favourable determination') takes effect is worked out in accordance with
this section. Notified decision-review sought within 3 months
"(2) If:
(a) a decision (the 'previous decision') is made in relation to a person's
mature age allowance or mature age partner allowance; and
(b) a notice is given to the person to whom the allowance is payable
advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, within 3
months after the notice is given, for review of the previous decision;
and
(d) the favourable determination is made as a result of the application
for review; the determination takes effect on the day on which the
previous decision took effect. Notified decision-review sought after 3
months
"(3) If:
(a) a decision (the 'previous decision') is made in relation to a person's
mature age allowance or mature age partner allowance; and
(b) a notice is given to the person to whom the allowance is payable
advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, more than 3
months after the notice is given, for review of the previous decision;
and
(d) the favourable determination is made as a result of the application
for review; the determination takes effect on the day on which the
person sought the review. Decision not notified
"(4) If:
(a) a decision (the 'previous decision') is made in relation to a person's
mature age allowance or mature age partner allowance; and
(b) notice is not given to the person to whom the allowance is payable
advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240, for review of
the previous decision; and
(d) the favourable determination is made as a result of the application
for review; the determination takes effect on the day on which the
previous decision took effect. Notified change of circumstances
"(5) Subject to subsections (6) and (7), if:
(a) the favourable determination is made following a person having advised
the Department of a change in circumstances; and
(b) the change is not a decrease in the rate of the person's maintenance
income; the determination takes effect on the day on which the advice
was received or on the day on which the change occurred, whichever is
the later.
"(6) If:
(a) the favourable determination is made following the death of the
person's partner; and
(b) the favourable determination is made because the person elects not to
receive bereavement payments; and
(c) within the bereavement period:
(i) the person notifies the Department orally or in writing of
their partner's death; or
(ii) the Secretary otherwise becomes aware of the death; the
determination takes effect on the day after the day on which
the partner died.
"(7) If:
(a) the favourable determination is made following the death of the
person's partner; and
(b) before the partner died, the partner:
(i) was not receiving a social security pension or a service
pension; and
(ii) was not a long-term social security recipient; and
(c) within the period of 4 weeks that starts on the day after the day on
which the partner dies:
(i) the person notifies the Department orally or in writing of
their partner's death; or
(ii) the Secretary otherwise becomes aware of the death; the
determination takes effect on the day on which the partner
died. Note 1: For 'long-term social security recipient' see
subsection 23(1). Note 2: If the person's partner is receiving
a social security pension or service pension or is a long-term
social security recipient, the person is entitled to
bereavement payments and this subsection does not apply to the
person. Other determinations
"(8) In any other case, the favourable determination takes effect on the day
on which the determination was made or on such later day or earlier day (not
being a day more than 3 months before the determination was made) as is
specified in the determination. Date of effect of adverse determination
General
"660XJQ.(1) The day on which a determination under section 660XJK, 660XJL or
660XJM (the 'adverse determination') takes effect is worked out in accordance
with this section. Note: If the adverse determination depends on a discretion
or opinion and a person affected by the determination applies for review, the
Secretary may continue payment pending the outcome of the review (see section
1241 (internal review) and section 1251 (review by the Social Security Appeals
Tribunal)).
"(2) The adverse determination takes effect on:
(a) the day on which the determination is made; or
(b) if another day is specified in the determination-on that day.
"(3) Subject to subsections (4), (5), (6), (7) and (8), the day specified
under paragraph (2)(b) must be later than the day on which the determination
is made. Contravention of Act
"(4) If:
(a) the person whose mature age allowance or mature age partner allowance
is affected by the adverse determination has contravened a provision
of this Act (other than section 660XID, 1304, 1305, 1306 or 1307); and
(b) the contravention causes a delay in making the determination; the day
specified under paragraph (2)(b) may be earlier than the day on which
the determination is made. False statement or
misrepresentation-suspension or cancellation
"(5) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, a mature age
allowance or mature age partner allowance has been paid to a person
when it should have been cancelled or suspended; the day specified
under paragraph (2)(b) may be earlier than the day on which the
determination is made. False statement or misrepresentation-rate
reduction
"(6) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, the rate at which
the mature age allowance or mature age partner allowance was paid to a
person was more than it should have been; the day specified under
paragraph (2)(b) may be earlier than the day on which the
determination is made. Payment of arrears of periodic compensation
payments-suspension or cancellation
"(7) If:
(a) an adverse determination is made in relation to a person because of
point 1064-E3 in Pension Rate Calculator A at the end of section 1064
(payment of arrears of periodic compensation payments); and
(b) either:
(i) the mature age allowance has been paid to the person or the
person's partner; or
(ii) the mature age partner allowance has been paid to the person or
the person's partner; when, because of the payment of arrears
of periodic compensation, the allowance should have been
cancelled or suspended; the day specified under paragraph
(2)(b) may be earlier than the day on which the determination
is made. Payment of arrears of periodic compensation payments -
rate reduction
"(8) If:
(a) an adverse determination is made in relation to a person because of
point 1064-E3 in Pension Rate Calculator A at the end of section 1064
(payment of arrears of periodic compensation payments); and
(b) either:
(i) the rate at which the mature age allowance was paid to the
person or the person's partner; or
(ii) the rate at which the mature age partner allowance was paid to
the person or the person's partner; was, because of the payment
of arrears of periodic compensation, more than the rate at
which the allowance should have been paid; the day specified
under paragraph (2)(b) may be earlier than the day on which the
determination is made.
"Division 11-Bereavement payments
"Subdivision A-Person receiving mature age allowance
(death of partner) Qualification for payments under this Subdivision
"660XKA.(1) If:
(a) a person is receiving a mature age allowance; and
(b) the person is a member of a couple; and
(c) the person's partner dies; and
(d) immediately before the partner died, the partner:
(i) was receiving a social security pension; or
(ii) was receiving a service pension; or
(iii) was a long-term social security recipient; and
(e) on the person's payday immediately before the first available
bereavement adjustment payday, the amount that would be payable to the
person if the person were not qualified for payments under this
Subdivision is less than the sum of:
(i) the amount that would otherwise be payable to the person under
section 660XKD (person's continued rate) on that payday; and
(ii) the amount that would otherwise be payable to the person under
section 660XKB (continued payment of partner's pension or
benefit) on the partner's payday immediately before the first
available bereavement adjustment payday; the person is
qualified for payments under this Subdivision to cover the
bereavement period. Note 1: Section 660XKB provides for the
payment to the person, up to the first available bereavement
adjustment payday, of amounts equal to the instalments that
would have been paid to the person's partner during that period
if the partner had not died. Note 2: Section 660XKC provides
for a lump sum that represents the instalments that would have
been paid to the person's partner, between the first available
bereavement adjustment payday and the end of the bereavement
period, if the partner had not died.
"(2) If:
(a) a person is receiving a mature age allowance; and
(b) immediately before starting to receive the allowance the person was
receiving partner bereavement payments; and
(c) the bereavement rate continuation period in relation to the death of
the person's partner has not ended; the person is qualified for
payments under this Subdivision to cover the remainder of the
bereavement period.
"(3) A person who is qualified for payments under this Subdivision may choose
not to receive payments under this Subdivision. Note: If a person makes an
election, the date of effect of any determination to increase the person's
rate of mature age allowance may, in some circumstances, be the day after the
day on which the person's partner died (see subsection 660XJP(6)).
"(4) An election under subsection (3):
(a) must be made by written notice to the Secretary; and
(b) may be made after the person has been paid an amount or amounts under
this Subdivision; and
(c) cannot be withdrawn after the Department has taken all the action
required to give effect to that election.
"(5) If a person is qualified for payments under this Subdivision in relation
to the partner's death, the rate at which mature age allowance is payable to
the person during the bereavement period is, unless the person has made an
election under subsection (3), governed by section 660XKD.
"(6) For the purposes of this section, a person is a long term social security
recipient if:
(a) the person is either receiving a social security benefit or is a
benefit increase partner; and
(b) in respect of the previous 12 months, the person:
(i) was receiving a social security pension; or
(ii) was receiving a social security benefit; or
(iii) was receiving a service pension; or
(iv) was a benefit increase partner.
"(7) A person is taken to satisfy the requirements of paragraph (6)(b) if:
(a) the person's receipt of social security pension, social security
benefit or service pension, or the person's status as a benefit
increase partner, or a combination of these, was continuous for the
period of 12 months; or
(b) the person was receiving one or other of the payments referred to in
paragraph (6)(b) or had the status of a benefit increase partner, or a
combination of these, for 46 weeks of the previous 52. Continued
payment of partner's pension
"660XKB.(1) If a person is qualified for payments under this Subdivision in
relation to the death of the person's partner, there is payable to the person,
on each of the partner's paydays in the bereavement rate continuation period
the following amount:
(a) where the partner was receiving a social security pension-the amount
that would have been payable to the partner on the payday if the
partner had not died; or
(b) where the partner was receiving a service pension-the amount that
would have been payable to the partner under Part III of the Veterans'
Entitlements Act on the service payday that:
(i) where the first Thursday after the partner's death was a
service payday-precedes the partner's payday; or
(ii) in any other case-follows the partner's payday; if the partner
had not died.
"(2) For the purposes of subsection (1), if the couple were, immediately
before the partner's death, an illness separated couple or a respite care
couple, the amounts are to be worked out as if they were not such a couple.
Lump sum payable in some circumstances
"660XKC. If:
(a) a person is qualified for payments under this Subdivision in relation
to the death of the person's partner; and
(b) the first available bereavement adjustment payday occurs before the
end of the bereavement period; there is payable to the person as a
lump sum an amount worked out using the lump sum calculator at the end
of this section.
LUMP SUM CALCULATOR This is how to work out the amount of the lump sum:
Method statement Step 1. Work out the amount that would have been payable to
the person on the person's payday immediately before the first available
bereavement adjustment payday if:
(a) the person's partner had not died; and
(b) where immediately before the partner's death the couple were an
illness separated couple or a respite care couple-they were not such a
couple. Step 2. Work out the amount that would have been payable to
the person's partner on the partner's payday or service payday
immediately before the first available bereavement adjustment payday
if:
(a) the partner had not died; and
(b) where immediately before the partner's death the couple were an
illness separated couple or a respite care couple-they were not such a
couple. Step 3. Add the results of Step 1 and Step 2: the result is
called the combined rate. Step 4. Work out the amount that, but for
section 660XKD, would have been payable to the person on the person's
payday immediately before the first available bereavement adjustment
payday: the result is called the person's individual rate. Step 5.
Take the person's individual rate away from the combined rate: the
result is called the partner's instalment component. Step 6. Work out
the number of paydays of the partner in the bereavement lump sum
period. Step 7. Multiply the partner's instalment component by the
number obtained in Step 6: the result is the amount of the lump sum
payable to the person under this section. Adjustment of person's
mature age allowance rate
"660XKD. If:
(a) a person is qualified for payments under this Subdivision; and
(b) the person does not elect under subsection 660XKA(3) not to receive
payments under this Subdivision; the rate of the person's mature age
allowance during the bereavement period is worked out as follows:
(c) during the bereavement rate continuation period, the rate of mature
age allowance payable to the person is the rate at which the mature
age allowance would have been payable to the person if:
(i) the person's partner had not died; and
(ii) where immediately before the partner's death the couple were an
illness separated couple or a respite care couple-they were not
such a couple;
(d) during the bereavement lump sum period (if any), the rate at which
mature age allowance is payable to the person is the rate at which the
mature age allowance would be payable to the person apart from this
Subdivision. Effect of death of person entitled to payments under this
Subdivision
"660XKE. If:
(a) a person is qualified for payments under this Subdivision in relation
to the death of the person's partner; and
(b) the person dies within the bereavement period; and
(c) the Secretary does not become aware of the death of the person's
partner before the person dies; there is payable, to such person as
the Secretary thinks appropriate, as a lump sum, an amount worked out
using the lump sum calculator at the end of this section.
LUMP SUM CALCULATOR This is how to work out the amount of the lump sum:
Method statement Step 1. Work out the amount that would have been payable to
the person on the person's payday immediately after the day on which the
person died if:
(a) neither the person nor the person's partner had died; and
(b) where immediately before the partner's death the couple were an
illness separated couple or a respite care couple-they were not such a
couple. Step 2. Work out the amount that would have been payable to
the partner on the person's payday or service payday immediately after
the day on which the person died if:
(a) neither the person nor the partner had died; and
(b) where immediately before the partner's death the couple were an
illness separated couple or a respite care couple-they were not such a
couple. Step 3. Add the results of Step 1 and Step 2: the result is
called the combined rate. Step 4. Work out the amount that, but for
section 660XKD, would have been payable to the person on the person's
payday immediately after the day on which the person died if the
person had not died: the result is called the person's individual
rate. Step 5. Take the person's individual rate away from the combined
rate: the result is called the partner's instalment component. Step 6.
Work out the number of paydays of the partner in the period that
commences on the day after the person dies and ends on the day on
which the bereavement period ends. Step 7. Multiply the partner's
instalment component by the number obtained in Step 6: the result is
the amount of the lump sum payable under this section. Matters
affecting payment of benefits under this Subdivision
"660XKF.(1) If:
(a) a person is qualified for payments under this Subdivision in relation
to the death of the person's partner; and
(b) after the person's partner died, an amount to which the partner would
have been entitled if the partner had not died has been paid under
this Act or under Part III of the Veterans' Entitlements Act; and
(c) the Secretary is not satisfied that the person has not had the benefit
of that amount; the following provisions have effect:
(d) the amount referred to in paragraph (b) is not recoverable from the
person or from the personal representative of the person's partner,
except to the extent (if any) that the amount exceeds the amount
payable to the person under this Subdivision;
(e) the amount payable to the person under this Subdivision is to be
reduced by the amount referred to in paragraph (b).
"(2) If:
(a) a person is qualified for payments under this Subdivision in relation
to the death of the person's partner; and
(b) an amount to which the person's partner would have been entitled if
the person's partner had not died has been paid under this Act or
under Part III of the Veterans' Entitlements Act, within the
bereavement period, into an account with a bank, credit union or
building society (the 'financial institution'); and
(c) the financial institution pays to the person, out of the account, an
amount not exceeding the total of the amounts paid as mentioned in
paragraph (b); the financial institution is, in spite of anything in
any other law, not liable to any action, claim or demand by the
Commonwealth, the personal representative of the person's partner or
anyone else in respect of the payment of that money to the person.
"Subdivision B-Death of person receiving mature age allowance Death of
recipient
"660XKG.(1) If:
(a) a person is receiving mature age allowance; and
(b) either:
(i) the person is not a member of a couple; or
(ii) the person is a member of a couple and the person's partner:
(A) is not receiving a social security pension; and
(B) is not receiving a service pension; and
(c) the person dies; there is payable, to such person as the Secretary
thinks appropriate, an amount equal to the amount that would have been
payable to the person under this Act on the pension payday after the
person's death if the person had not died.
"(2) If an amount is paid under subsection (1) in respect of a person, the
Commonwealth is not liable to any action, claim or demand for any further
payment under that subsection in respect of the person. Note 1: For amounts
owing to the recipient before the recipient's death see section 660XGH. Note
2: For death of a person qualified for bereavement payments under Subdivision
A see section 660XKE.
"Subdivision C-Continuation of mature age partner allowance
where partner dies Continuation of mature age partner allowance for
bereavement period
"660XKH. If:
(a) a person is receiving a mature age partner allowance; and
(b) the person's partner dies; the person remains qualified for the mature
age partner allowance during the bereavement period as if:
(c) the partner had not died; and
(d) the partner had continued to receive a mature age allowance; and
(e) the person and the partner had continued to be members of a couple.
Continued mature age partner allowance rate
"660XKI. Where a person is qualified for a mature age partner allowance
because of section 660XKH, the person's mature age partner allowance rate is
worked out as follows:
(a) during the bereavement rate continuation period, the rate of mature
age partner allowance is the rate that would have been payable to the
person if:
(i) the partner had not died; and
(ii) where the couple had been an illness separated couple or a
respite care couple-they had not been such a couple;
(b) during the bereavement lump sum period (if any), the rate of payments
under this Subdivision is the rate at which a widow B pension would
have been payable to the person if he or she had been qualified for a
widow B pension.
"Subdivision D-Person receiving mature age partner allowance
(death of partner) Qualification for payments under this Subdivision
"660XKJ.(1) If:
(a) a person is receiving a mature age partner allowance; and
(b) the person's partner dies; the person is qualified for payments under
this Subdivision to cover the bereavement period. Note 1: Section
660XKK provides for the payment to the person, up to the first
available bereavement adjustment payday, of amounts equal to the
instalments that would have been paid to the person's partner during
that period if the partner had not died. Note 2: Section 660XKL
provides for a lump sum that represents the instalments that would
have been paid to the person's partner, between the first available
bereavement adjustment payday and the end of the bereavement period,
if the partner had not died.
"(2) A person who is qualified for payments under this Subdivision may choose
not to receive payments under this Subdivision.
"(3) An election under subsection (2):
(a) must be made by written notice to the Secretary; and
(b) may be made after the person has been paid an amount or amounts under
this Subdivision; and
(c) cannot be withdrawn after the Department has taken all the action
required to give effect to that election. Continued payment of
partner's allowance
"660XKK. If a person is qualified for payments under this Subdivision in
relation to the death of the person's partner, there is payable to the person,
on each of the pension paydays in the bereavement rate continuation period, an
amount equal to the amount that would have been payable to the person's
partner on that payday if the partner had not died. Lump sum payable in some
circumstances
"660XKL. If:
(a) a person is qualified for payments under this Subdivision in relation
to the death of the person's partner; and
(b) the first available bereavement adjustment payday occurs before the
end of the bereavement period; there is payable to the person as a
lump sum an amount worked out using the lump sum calculator at the end
of this section.
LUMP SUM CALCULATOR This is how to work out the amount of the lump sum:
Method statement Step 1. Work out the amount that would have been payable to
the person on the pension payday immediately before the first available
bereavement adjustment payday if:
(a) the person's partner had not died; and
(b) where immediately before the partner's death the couple were an
illness separated couple or a respite care couple-they were not such a
couple. Step 2. Work out the amount that would have been payable to
the person's partner on that pension payday if:
(a) the partner had not died; and
(b) where immediately before the partner's death the couple were an
illness separated couple or a respite care couple-they were not such a
couple. Step 3. Add the results of Step 1 and Step 2: the result is
called the combined rate. Step 4. Work out the amount of widow B
pension that would have been payable to the person on the pension
payday immediately before the first available bereavement adjustment
payday if a widow B pension had been payable to the person on that
payday: the result is called the person's individual rate. Step 5.
Take the person's individual rate away from the combined rate: the
result is called the partner's instalment component. Step 6. Work out
the number of pension paydays in the bereavement lump sum period. Step
7. Multiply the partner's instalment component by the number of
pension paydays in the bereavement lump sum period: the result is the
amount of the lump sum payable to the person under this section.
Effect of death of person entitled to payments under this Subdivision
"660XKM. If:
(a) a person is qualified for payments under this Subdivision in relation
to the death of the person's partner; and
(b) the person dies within the bereavement period; and
(c) the Secretary does not become aware of the death of the person's
partner before the person dies; there is payable, to such person as
the Secretary thinks appropriate, as a lump sum, an amount worked out
using the lump sum calculator at the end of this section.
LUMP SUM CALCULATOR This is how to work out the amount of the lump sum:
Method statement Step 1. Work out the amount that would have been payable to
the person on the pension payday immediately after the day on which the person
died if:
(a) neither the person nor the person's partner had died; and
(b) where immediately before the partner's death the couple were an
illness separated couple or a respite care couple-they were not such a
couple. Step 2. Work out the amount that would have been payable to
the person's partner on that pension payday if:
(a) neither the person nor the partner had died; and
(b) where immediately before the partner's death the couple were an
illness separated couple or a respite care couple-they were not such a
couple. Step 3. Add the results of Step 1 and Step 2: the result is
called the combined rate. Step 4. Work out the amount that, but for
sections 660XKH and 660XKI, would have been payable to the person on
the pension payday immediately after the day on which the person died
if the person had not died: the result is called the person's
individual rate. Step 5. Take the person's individual rate away from
the combined rate: the result is called the partner's instalment
component. Step 6. Work out the number of pension paydays in the
period that commences on the day after the person dies and ends on the
day on which the bereavement period ends. Step 7. Multiply the
partner's instalment component by the number obtained in Step 4: the
result is the amount of the lump sum payable under this section.
Matters affecting payment of benefits under this Subdivision
"660XKN.(1) If:
(a) a person is qualified for payments under this Subdivision in relation
to the death of the person's partner; and
(b) after the person's partner died, an amount to which the partner would
have been entitled if the partner had not died has been paid under
this Act or under Part III of the Veterans' Entitlements Act; and
(c) the Secretary is not satisfied that the person has not had the benefit
of that amount; the following provisions have effect:
(d) the amount referred to in paragraph (b) is not recoverable from the
person or from the personal representative of the person's partner,
except to the extent (if any) that the amount exceeds the amount
payable to the person under this Subdivision;
(e) the amount payable to the person under this Subdivision is to be
reduced by the amount referred to in paragraph (b).
"(2) If:
(a) a person is qualified for payments under this Subdivision in relation
to the death of the person's partner; and
(b) an amount to which the person's partner would have been entitled if
the person's partner had not died has been paid under this Act or
under Part III of the Veterans' Entitlements Act, within the
bereavement period, into an account with a bank, credit union or
building society (the 'financial institution'); and
(c) the financial institution pays to the person, out of that account, an
amount not exceeding the total of the amounts paid as mentioned in
paragraph (b); the financial institution is, in spite of anything in
any other law, not liable to any action, claim or demand by the
Commonwealth, the personal representative of the person's partner or
anyone else in respect of the payment of that money to the person.
"Division 12-Fringe benefits
Fringe benefits
"660XLA.(1) A person who:
(a) is receiving a mature age allowance or mature age partner allowance;
and
(b) is an Australian resident; and
(c) is in Australia; is qualified for fringe benefits. Note: For
'Australian resident' see subsections 7(2) and (3).
"(2) If a person is qualified for fringe benefits, benefits and concessions of
various kinds may be made available to the person by the Commonwealth, State
and Territory governments and authorities and local authorities. Note: For an
example of Commonwealth benefits and concessions see the National Health Act
1953 .".
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