Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 109, 1994 - SECT 38

38. Sections 51A and 51B of the Principal Act are repealed and the following
sections are substituted: Secretary may request claimant to give statement of
claimant's tax file number

"51A.(1) If a claimant for an age pension is in Australia, the Secretary may
request but not compel the claimant:

   (a)  if the claimant has a tax file number-to give the Secretary a written
        statement of the claimant's tax file number; or

   (b)  if the claimant does not have a tax file number:

        (i)    to apply to the Commissioner of Taxation for a tax file number;
               and

        (ii)   to give the Secretary a written statement of the claimant's tax
               file number after the Commissioner of Taxation has issued it.



"(2) An age pension is not payable to a claimant if, at the end of the period
of 28 days after a request is made:

   (a)  the claimant has failed to satisfy the request; and

   (b)  the Secretary has not exempted the claimant from having to satisfy the
        request. Note: In some cases the request 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 46A(2) and (3)).

Secretary may request claimant to give statement of partner's tax file number

"51B.(1) If:

   (a)  a claimant for an age pension is a member of a couple; and

   (b)  the claimant's partner is in Australia; the Secretary may request but
        not compel the claimant to give the Secretary a written statement of
        the tax file number of the claimant's partner.



"(2) An age pension is not payable to a claimant if, at the end of the period
of 28 days after a request is made:

   (a)  the claimant has failed to satisfy the request; and

   (b)  the Secretary has not exempted the claimant from having to satisfy the
        request. Note 1: In some cases the request 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 46B(2) and (3)). Note 2: The
        Secretary may waive the request in some cases (see subsection
        46B(4)).".