Social Security Act 2018 (Version 56)/Part 6

Part 6
Administration

Contents

	Subpart 1—Guide to this Part
296	What this Part does
	Subpart 2—Application, inquiry, and grant
	Application
297	Application for benefit: making of, help with, lapse, and deemed receipt
	Inquiry
298	MSD must inquire into claim for benefit
299	Exception during epidemic
300	Information gathering, disclosure, and matching
	Grant
301	MSD decides whether to grant benefit
302	Immediate provisional grant, and later backdating of other benefit
303	After death of applicant
	Subpart 3—Review of entitlement to, or rate of, benefit granted
304	Review of entitlement and rate payable
305	Information for review
306	No entitlement, or entitlement only at different rate
307	Benefit on another eligibility ground more appropriate
308	Another benefit more appropriate
309	Termination of winter energy payment
310	Certain benefits granted, or granted at rate, not taking into account certain insurance payments
	Subpart 4—Commencement, stand downs, ending, and expiry and regrant
	Commencement of benefits
311	General
312	If applicant paid, but claim fails for, ACC weekly compensation
313	Benefits subject to stand down
314	Work-tested benefit of applicant subject to non-entitlement period
315	Exemptions from stand down, and when certain benefits commence
316	Start and calculation of stand-down period
317	Minister may consent to backdating
318	No consent unless benefit not granted earlier because of error
319	Commencement of winter energy payment
	Restoration of entitlement after suspension, reduction, cancellation, or non-entitlement
320	Effect of no longer being subject to work-test or young person obligations
321	Effect of no longer being subject to dependent children obligations
322	Effect of no longer being subject to work-preparation obligations
323	Effect of employment on non-entitlement period
324	Effect of participation in certain activities on non-entitlement period
	Ending of benefits
325	General rule if person’s entitlement to benefit ceases
326	After death of beneficiary receiving specified benefit
327	Benefits payable to sole parent who stops caring for dependent child due to sudden and uncontrollable circumstances
328	Supported living payment payable to beneficiary who stops caring for another person
329	If child ceases to be entitled to orphan’s benefit or unsupported child’s benefit
330	Supported living payment on ground of restricted work capacity or total blindness and cancelled on medical grounds
	Expiry and regrant of specified benefits
331	Expiry date, and specified benefit, defined
332	General rule
333	Exception for specified benefit expiring in week of or before 26 December
334	Exemptions
335	MSD must notify or advise beneficiary
336	Requirements for regrant
	Subpart 5—Payment of benefits, tax on benefits, debts and deductions
	Payment of benefits
337	How benefits are paid
338	Weekly instalments
339	Payment generally to, or on account of, beneficiary personally
340	Required manner of payment: general
341	Required manner of payment: money management for certain payments to young people
342	Money management for certain payments to young people: exception if young person meets prescribed criteria for managing own payments
343	Review and appeal of specified determinations made by MSD under regulations
344	Young person beneficiaries may elect money management
345	Credit on payment card, etc, at end of money management
346	Required manner of payment: payment on death of beneficiary
347	Advance payment of instalments of benefit
348	Requirement for beneficiary, spouse or partner, or both, to undertake budgeting activity
	Tax on benefits
349	Interpretation
350	MSD may pay tax on income-tested benefit other than by tax deduction from source deduction payment
351	Status of amount for income tax paid by MSD
352	Recovery amount paid in excess of amount properly payable
	Debts and deductions
353	Debts and deductions
354	Recovery of penalty from beneficiary who obtains by fraud amount in excess of entitlement
355	Restriction on imposing penalty under section 354: prosecution for offence
356	Restriction on imposing penalty under section 354: notice and period to respond
357	Restriction on recovering penalty under section 354: decision to be final
358	Recovery from spouse or partner who misleads MSD of excess amount beneficiary obtained
359	Recovery from spouse or partner of apportioned excess amount beneficiary obtained by fraud
360	Obtaining amount by fraud: meaning and proof
361	Recovery from spouse or partner of unapportioned excess amount beneficiary obtained by fraud
362	MSD’s duty to recover debts
363	Duty unaffected by law on mistaken payments
	Subpart 6—Notices and communications, services, and preferred suppliers
	Notices and communications
364	Ways MSD or person can meet requirement to give notice or other document
	Young people services
365	Services to encourage young people to move to and remain in education, training, and employment
	Goods or services, for beneficiaries or others, supplied by preferred suppliers
366	Preferred suppliers: contracts
367	Preferred suppliers: determinations
368	Preferred suppliers: paying them disability allowance, special assistance, or advance payment
369	Preferred suppliers: paying them disability allowance: exception if total benefit payments less than amount required
370	Preferred suppliers: paying them disability allowance: exception if allowance granted at maximum rate
371	Preferred suppliers: no appeal lies against MSD decisions
372	Preferred suppliers: transitional or savings provisions directions
	Administration services provided by contracted service providers
373	Administration service providers: contracts
374	Administration service providers: contents and form of contracts
375	Administration service providers: adoption of existing contracts
376	Administration service providers: MSD to ensure information published
377	Conduct of provider of services in relation to young people to be treated for specified purposes as if MSD’s conduct
378	MSD may assign contracted service provider to young person
	Medical services
379	Minister determines rates and conditions of employment and payment
	Subpart 7—Reciprocity agreements with other countries
	Orders
380	Orders adopting reciprocity agreements
381	Privacy report for orders adopting agreements with mutual assistance provisions
382	Interpretation
	Agreements
383	Inclusion of mutual assistance provisions in reciprocity agreements
	Debt recovery and information exchange
384	MSD may use mutual assistance provisions to recover debts
385	MSD may use mutual assistance provisions to exchange information
	Adverse action arising from discrepancy
386	Adverse action against individual if discrepancy shown by information from other country
	Subpart 8—Prosecutions and debt-recovery proceedings, and maintenance proceedings
387	Prosecutions and debt recovery proceedings: representation and fees
388	Payment of benefit does not affect right to maintenance
389	Maintenance proceedings