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SOCIAL SECURITY ACT 1947 - Reprinted as at 1 January 1989 (HISTACT CHAP 228 #DATE 01:01:1989) - List of Sections

Section

SOCIAL SECURITY ACT 1947 - TABLE OF PROVISIONS

SOCIAL SECURITY ACT 1947 - LONG TITLE

PART I
PART I-PRELIMINARY

DIVISION 1
Division 1-Preliminary

1. Short title
2. Commencement
3. Interpretation
4. Calculation of value of property
4A. Apportionment of capitalised maintenance income
4B. No Title
5. Pension loans scheme
6. Disposal of income or property
7. Financial hardship
8. Pension reduction amounts
9. Indexation
10. Certain persons to be disregarded for certain purposes
11. Certain persons deemed to continue to receive full time education
12. External Territories
12A. Earnings credit
DIVISION 2
Division 2-Investment Income

12B. Interpretation etc.
12C. Accruing return investments
12D. Market-linked investments
12E. Statutory rate of return for market-linked investments
12F. Secretary may determine rate of return for market-linked investments
12G. Special provisions about certain investments made before 9 September 1988
12H. Conversion of certain investments
12J. Determinations of entitlement of persons holding market-linked investments
12K. Treatment of costs of investments
12L. Certain capital amounts taken to be received over 12 months
12M. Operation of Part XIX
12N. Operation of Administrative Appeals Tribunal Act
PART II
PART II-ADMINISTRATION

13. Secretary to have general administration of Act
14. Delegation
15. Decision to be in writing
16. Authorised review officers
17. Government policy statements
18. The Secretary and the National Convener may agree on administrative arrangements
19. Secrecy
PART III
PART III-REMOTE AREA ALLOWANCE

20. Interpretation
21. Persons eligible for remote area allowance
22. Rate of remote area allowance
23. Payment of remote area allowance
PART IV
PART IV-AGE, INVALID, WIVES' AND CARERS' PENSIONS*7*

DIVISION 1
Division 1-Preliminary

24. Interpretation
DIVISION 2
Division 2-Qualifications for Age Pensions

25. Qualifications for age pension
26. Qualifications for age pensions for persons outside Australia
DIVISION 3
Division 3-Qualifications for Invalid Pensions

27. Incapacity for work
28. Qualifications for invalid pension
29. Qualifications for invalid pensions for persons outside Australia
30. Conditions of grant of invalid pension
31. Incentive allowance
32. Examination by medical practitioner
DIVISION 4
Division 4-Rate of Pensions

33. Rate of pension
34. Indexation of certain rates
35. Calculation of income in respect of children
36. Rent assistance
DIVISION 5
Division 5-Wives' Pensions

37. Wife's pension
DIVISION 6
Division 6-Carers' Pensions

39. Carer's pension
DIVISION 7
Division 7-General

41. Dual entitlement
42. Inmates of benevolent homes
PART V
PART V-WIDOWS' PENSIONS*3* and *7*

DIVISION 1
Division 1-Preliminary

43. Interpretation
DIVISION 2
Division 2-Qualifications for Widows' Pensions

44. Qualifications for widow's pension
45. Qualifications for widow's pension outside Australia
46. Qualification of certain widows
47. Condition of entitlement to widow's pension
DIVISION 3
Division 3-Rate of Pensions

48. Rate of widow's pension
49. Calculation of income in respect of children
50. Rent assistance
DIVISION 4
Division 4-General

51. Inmates of benevolent homes
52. Restrictions as to dual pensions
PART VI
PART VI-SUPPORTING PARENTS' BENEFITS *3* and *7*

53. Interpretation
54. Qualifications for benefit
55. Condition of entitlement to supporting parent's benefit
56. Rate of benefit
57. No Title
58. Benefit not payable to 2 persons in respect of one dependent child
58A. and 58B
PART VII
PART VII-PAYMENT OF CERTAIN PENSIONS AND BENEFITS TO PERSONS OUTSIDE

DIVISION 1
Division 1-Portability of Pensions

59. Interpretation
60. Right to be paid pension outside Australia
60A. and 60B
61. Rate of pension payable outside Australia
62. Pension granted to former resident of Australia etc.
63. Pension payable under Reciprocal Agreement
64. Grant of new pension to pensioner outside Australia
DIVISION 2
Division 2-Reciprocal Agreements

65. Reciprocal Agreements
PART VIII
PART VIII-FUNERAL BENEFITS

66. Interpretation
67. Funeral benefit payable to pensioner
68. Other funeral benefits
69. Prescribed persons
70. Benefit payable only once in respect of the same funeral
71. Claims for benefit
PART IX
PART IX-FAMILY ALLOWANCE SUPPLEMENT

72. Interpretation
73. Qualification to receive allowance
74. Rate of allowance
74A. Assets test
74B. Reduction of rate by reference to taxable income
74C. No allowance payable where taxable income is unascertainable
74D. Indexation of assets and income thresholds
75. Claim for allowance
76. Payment of allowance
77. Cessation of allowance
78. Sharing of allowance between 2 persons
PART X
PART X-FAMILY ALLOWANCE

79. Interpretation
81. Payments under certain education schemes
82. Qualification for family allowance
83. No Title
84. Family allowance not payable in respect of certain student children
85. Income test for family allowances
85A. Indexation of family allowance income test
86. Sharing of family allowance between 2 persons
87. Payment of family allowance
88. Amount of family allowance
91. Adjustment of rates in certain circumstances
92. Notification of certain events
93. Application of family allowance
PART XI
PART XI-DOUBLE ORPHANS' PENSIONS

94. Interpretation
95. Qualification for double orphan's pension
96. Amount of double orphan's pension
97. Application of Part X
98. Notification of change of circumstances
99. Cessation of pension if circumstances change
100. Application of pension under this Part
PART XII
PART XII-CHILD DISABILITY ALLOWANCE

101. Interpretation
102. Qualification for allowance
103. Temporary absences from home
104. Payment of allowance
104A. Amount of allowance
109. Notification
PART XIII
PART XIII-UNEMPLOYMENT AND SICKNESS BENEFITS *7*

DIVISION 1
Division 1-Preliminary

115. Interpretation
DIVISION 2
Division 2-Qualifications for Benefit

116. Unemployment benefits
116A. No Title
117. Sickness benefits
117A. Job search allowance
DIVISION 3
Division 3-Rate of Benefits

118. Rate of unemployment and sickness benefit
119. Indexation of unemployment and sickness benefits
120. Rent assistance
121. Limitation of amount payable as sickness benefit
121A. Parental income test
121B. Indexation of parental income threshold
122. Income and assets test
122A. Maintenance income test
DIVISION 4
Division 4-Claims for Benefits

122B. Certain persons released from detention entitled to double benefit in respect of first week of release
123. Statements by employers
124. Medical certificate to be furnished
DIVISION 5
Division 5-Payment of Benefits

125. Waiting period
126. Unemployment benefit not payable in certain cases
127. Education leavers
128. Sickness benefit in lieu of unemployment benefit etc.
DIVISION 6
Division 6-Special Benefits

129. Special benefit
130. Rate of special benefit
131. Period for which special benefit payable
DIVISION 7
Division 7-Review of Benefits*8*

132. Notification
133. Engaging in employment etc. to be notified
DIVISION 8
Division 8-General

134. Benefits to be paid by instalments
135. Payment in advance for period during which beneficiary ceases to be eligible for benefit
136. Benefit not payable to full-time students
137. Benefit not payable to certain war widows
138. Deductions from benefits for payment of board and lodging
PART XIV
PART XIV-SHELTERED EMPLOYMENT ALLOWANCES *7*

139. Interpretation
140. Sheltered employment
141. Qualification for allowance
142. Amount of allowance
143. Incentive allowance
144. Other pensions etc. not payable to a person in receipt of allowance
PART XV
PART XV-MOBILITY ALLOWANCE

145. Interpretation
146. Eligibility for mobility allowance
147. Rate of mobility allowance
148. Payment of mobility allowance
PART XVI
PART XVI-REHABILITATION ALLOWANCE*7*

149. Interpretation
150. Persons eligible to be paid rehabilitation allowance etc.
151. Rate of rehabilitation allowance
PART XVII
PART XVII-PAYMENTS BY WAY OF COMPENSATION*10* and *11*

152. Interpretation
153. Reduction in rate of pension
154. Recovery of amounts from person liable to make compensation payments
155. Notice to insurers
156. Secretary may disregard certain payments
157. Part to bind Crown
PART XVIII
PART XVIII-CLAIMS, PAYMENT, NOTIFICATION, REVIEW, CANCELLATION AND RELATED
MATTERS

158. Claims
159. Making and lodgment of claims etc.
160. Payment and calculation of instalments of certain pensions
160A. Minimum payment
161. Manner of payment etc.
162. Secretary may take action in relation to money owing by pensioners
163. Notification and review
164. Power to obtain information etc.
165. Self-incrimination
166. Furnishing of information
167. Payment of pension etc. during imprisonment etc.
168. Cancellation, suspension or variation of pension etc.
168A. The Secretary may continue payment pending the determination of an application to the Secretary or the Social Security Appeals Tribunal for review of an adverse decision
169. Pension etc. to cease to be payable in certain cases
170. Secretary may impose certain requirements
171. Interpretation
PART XIX
PART XIX-REVIEW OF DECISIONS

DIVISION 1
Division 1-Review by the Secretary

172. The Secretary may review a decision
173. A person affected by a decision may apply to the Secretary for review of the decision
174. The Secretary's powers on review
175. The Secretary will notify the applicant of the applicant's right to apply to the Social Security Appeals Tribunal and the Administrative Appeals Tribunal
DIVISION 2
Division 2-Review by the Social Security Appeals Tribunal

176. The Social Security Appeals Tribunal is to provide a fair, just, economical, informal and quick review
177. A person affected by a decision may apply to the Social Security Appeals Tribunal for review of the decision
178. Some decisions are not reviewable by the Social Security Appeals Tribunal
179. How should an application be made?
180. What happens if the decision under review is varied while the application for review is still being heard?
181. Who are the parties to a review of a decision?
182. The Social Security Appeals Tribunal's powers on review
183. Date of effect of the Social Security Appeals Tribunal's decision
DIVISION 3
Division 3-Procedures for review of a decision by the Social Security Appeals
Tribunal

SOCIAL SECURITY ACT 1947 - SUBDIVISION A
Subdivision A-Preliminary procedures

184. What happens initially when an application for review is received?
185. The National Convener will give the other parties a copy of the paragraph 184 (3) (a) statement
186. The National Convener will make arrangements for the hearing of the application
187. The National Convener will give notice of the application to any person whose interests the National Convener believes are affected by the decision under review
SOCIAL SECURITY ACT 1947 - SUBDIVISION B
Subdivision B-How the Social Security Appeals Tribunal informs itself about
the
decision under review

188. How does a party put material before the Social Security Appeals Tribunal?
189. When can the Social Security Appeals Tribunal proceed without oral submissions from a party?
190. The Social Security Appeals Tribunal may take evidence
191. The Secretary will provide further information on a request from the National Convener
192. The National Convener may ask the Secretary to exercise powers under section 164
SOCIAL SECURITY ACT 1947 - SUBDIVISION C
Subdivision C-The nature of the hearing

193. The hearing will be as informal as possible
194. The hearing will be in private
195. The National Convener may make orders restricting the further disclosure of information disclosed at a hearing
SOCIAL SECURITY ACT 1947 - SUBDIVISION D
Subdivision D-Other procedural matters

196. The Social Security Appeals Tribunal may adjourn a hearing
197. The applicant may withdraw the application
198. The application may be dismissed if the applicant does not intend to proceed with the application
199. Who presides at the hearing?
200. Questions arising on a review will be decided by a majority
201. What happens if the members are equally divided in opinion?
202. The National Convener may give directions as to the procedure to be followed in hearing reviews
203. Who bears the expenses of the review?
SOCIAL SECURITY ACT 1947 - SUBDIVISION E
Subdivision E-Notification of decision

204. What happens when the Social Security Appeals Tribunal makes its decision on the review?
DIVISION 4
Division 4-Review by Administrative Appeals Tribunal

SOCIAL SECURITY ACT 1947 - SUBDIVISION A
Subdivision A-Right to review by Administrative Appeals Tribunal

205. A person affected by a decision that has been reviewed by the Social Security Appeals Tribunal may apply to the Administrative Appeals Tribunal for a further review of the decision
206. What happens if the decision under review is varied while the application for review is still being heard?
207. The Secretary will be able to apply to the Administrative Appeals Tribunal for review of a decision that the Social Security Appeals Tribunal has varied or set aside
SOCIAL SECURITY ACT 1947 - SUBDIVISION B
Subdivision B-Modification of the Administrative Appeals Tribunal Act 1975

208. Modification of the Administrative Appeals Tribunal Act
209. Applicant's right to have a statement of the reasons for the decision under review
210. Notice of application for review
211. Who are the parties to a review by the Administrative Appeals Tribunal?
212. Lodging of material documents with the Administrative Appeals Tribunal
213. Power of the Administrative Appeals Tribunal to obtain additional statements
214. Operation and implementation of the decision under review
215. Power of the Administrative Appeals Tribunal to strike out a party
PART XX
PART XX-SOCIAL SECURITY APPEALS TRIBUNAL

DIVISION 1
Division 1-Establishment and membership of the Social Security Appeals
Tribunal

216. Establishment of the Social Security Appeals Tribunal
217. The National Convener
218. Appointment of members
219. Period of appointment of members
220. Acting appointments
DIVISION 2
Division 2-Organisation of the business of the Social Security Appeals
Tribunal

221. The National Convener will direct which members are to constitute the Social Security Appeals Tribunal for the purposes of a review
222. Number of members to constitute Social Security Appeals Tribunal for the purposes of a review
223. What happens if a member of the Social Security Appeals Tribunal ceases to be available for the review?
DIVISION 3
Division 3-Administrative matters

224. Remuneration and allowances of members
225. Leave of absence
226. Approval to engage in outside employment
227. Resignation
228. Removal from office
229. Disclosure of interests
230. Disclosure of confidential information
231. Delegation by the National Convener
232. Protection of members and witnesses
233. Fees for witnesses
234. Oath or affirmation of office
235. Staff of the Social Security Appeals Tribunal
236. Annual report
PART XXI
PART XXI-MISCELLANEOUS

236A. No Title
237. Special temporary allowance
237A. No Title
238. Appropriation
239. Offences
240. Indictable offences
241. Proceedings against corporations
242. New Enterprise Incentive Scheme-effect where spouse of recipient is not in receipt of wife's pension or carer's pension
243. Payments received under the New Enterprise Incentive Scheme-effect where spouse of recipient is in receipt of wife's pension or carer's pension
244. Payments received under the New Enterprise Incentive Scheme-effect where spouse of recipient is in receipt of a particular benefit or allowance
245. Rates of certain pensions affected where certain education payments are made
246. Recovery of overpayments
247. Extra-territorial operation of certain provisions
248. Evidence
249. Benefits to be absolutely inalienable
250. Payments of pension etc. and war pension
251. Write off, waiver etc.
252. Annual report
253. Regulations
SCHEDULE 1A

SCHEDULE 1B

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

SOCIAL SECURITY ACT 1947 - EXTRACTS

SOCIAL SECURITY ACT 1947 - EXTRACTS

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