Commonwealth: Social Security Act 1991 (Cth)

Social Security Act 1991 No. 46, 1991 Compilation No. 224 Compilation date: 15 February 2025 Includes amendments: Act No. 6, 2025 This compilation is in 6 volumes Volume 1: sections 1–514F Volume 2: sections 540–1061ZUC Volume 3: sections 1061ZVAA–1157 Volume 4: sections 1157A–1263 Schedule 1A Volume 5: Endnotes 1–4 Volume 6: Endnotes 5 and 6 Each volume has its own contents About this compilation This compilation This is a compilation of the Social Security Act 1991 that shows the text of the law as amended and in force on 15 February 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Chapter 1—Introductory Part 1.1—Formal matters 1 Short title 2 Commencement 3 Application of the Criminal Code 3AA Norfolk Island Part 1.2—Definitions 3A Power of Secretary to make determinations etc. 3AB References to Employment Secretary 3B Definitions—simplified outline 4 Family relationships definitions—couples 5 Family relationships definitions—children 5A Single person sharing accommodation 5B Registered and active foster carers 5C Home educators 5D Distance educators 5E Relatives (other than parents) 5F Secondary pupil child 5G Main supporter of secondary pupil child 6 Double orphan pension definitions 6A Concession card definitions 7 Australian residence definitions 8 Income test definitions 9 Financial assets and income streams definitions 9A Meaning of asset‑test exempt income stream—lifetime income streams 9B Meaning of asset‑test exempt income stream—life expectancy income streams 9BA Meaning of asset‑test exempt income stream—market‑linked income streams 9BB Meaning of asset‑test exempt income stream—military invalidity pension income stream 9C Family law affected income streams 9D Asset‑tested status of secondary FLA income streams 9E Asset‑tested income stream (lifetime) 10 Maintenance income definitions 10A Definitions for carer allowance and seniors health card provisions 11 Assets test definitions 11A Principal home definition for the purpose of the assets test 12 Retirement villages definitions 12A Granny flat definitions 12B Sale leaseback definitions 12C Special residence and residents definitions 13 Rent definitions 14 Remote area definitions 14A Social security benefit liquid assets test definitions 16 Industrial action definitions 16A Seasonal work definitions 16B Partial capacity to work 17 Compensation recovery definitions 18 Parenting payment definitions 19 Mobility allowance definitions 19A Fares allowance definitions 19AA Student start‑up loan definitions 19AB Student Financial Supplement Scheme definitions 19B Financial hardship (Carer payment) liquid assets test definition 19C Severe financial hardship definitions 19D Severe financial hardship—crisis payment definition 19DA Experiencing a personal financial crisis definition 19E Exempt funeral investments 20 Indexation and rate adjustment definitions 20A Pension supplement rate definitions 21 Bereavement definitions 23 Dictionary Part 1.3—Determinations having interpretative effect 24 Person may be treated as not being a member of a couple (subsection 4(2)) 24A Approved scholarship 25 Refugee visas 26 Impairment Tables and rules for applying them 27 Application of Impairment Tables 28 Approved programs of work for income support payment 28A Approval of programs of assistance 28C Declared program participants 29 Approval of friendly societies 30 Approval of mental hospitals 31 Approval of follow‑up rehabilitation programs 32 Approval of sheltered employment—non‑profit organisation 33 Approval of sheltered employment—supported employment 35 Approval of care organisation 35A Personal Care Support 35B Declared overseas terrorist act 36 Major disaster 36A Part 2.23B major disaster 37 Dependent child—inmate of a mental hospital 38B Notional continuous period of receipt of income support payments 38C Adult Disability Assessment Tool 38E Disability Care Load Assessment (Child) Determination 38F Treating health professional Part 1.3B—Loss of social security payments and concessions for persons on security grounds 38L Simplified outline of this Part 38M Loss of social security payments and concessions for persons on security grounds 38N Security notice from Home Affairs Minister 38P Notice from Foreign Affairs Minister 38R Copy of security notice to be given to Secretaries 38S Period security notice is in force 38SA Annual review of security notice 38T Revoking a security notice 38U Notices may contain personal information 38V Decisions under Part not decisions of officers 38W Notices not legislative instruments Part 1.4—Miscellaneous 39 Tables, calculators etc. form part of section 40 Activities that do not give rise to employment under certain industrial relations legislation Chapter 2—Pensions, benefits and allowances Part 2.2—Age pension Division 1—Qualification for and payability of age pension Subdivision A—Qualification 43 Qualification for age pension Subdivision B—Payability 44 Age pension not payable if pension rate nil 47 Multiple entitlement exclusion 47A Exclusion of certain participants in ABSTUDY Scheme Division 4—Rate of age pension 55 How to work out a person's age pension rate Division 9—Bereavement payments Subdivision A—Death of partner 82 Qualification for payments under this Subdivision 83 Continued payment of deceased partner's previous entitlement 84 Lump sum payable in some circumstances 85 Adjustment of person's age pension rate 86 Effect of death of person entitled to payments under this Subdivision 87 Matters affecting payment of benefits under this Subdivision Subdivision C—Death of recipient 91 Death of recipient Part 2.2A—Pension bonus Division 1—Introduction 92A Simplified outline 92B Definitions Division 2—Qualification for pension bonus 92C Qualification for pension bonus Division 3—Registration as a member of the pension bonus scheme Subdivision A—Membership of the pension bonus scheme 92D Application for registration 92E Form of application 92F Relevant information 92G Lodgment of application 92H Timing of application and registration 92J Registration 92K Duration of membership 92L Cancellation of membership 92M Application for registration is not to be treated as a claim Subdivision B—Classification of membership of the pension bonus scheme 92N Accruing membership 92P Non‑accruing membership—preclusion periods 92Q Non‑accruing membership—Secretary's discretion 92R Continuity of accruing membership is not broken by a period of non‑accruing membership 92S Post‑75 membership Division 4—Accrual of bonus periods 92T Accrual of bonus periods Division 5—Passing the work test Subdivision A—The work test 92U Work test—full‑year period 92V Work test—part‑year period 92W Secretary's discretion to treat gainful work outside Australia as gainful work in Australia Subdivision B—Gainful work 92X Gainful work—basic rule 92Y Secretary's discretion to treat activity as gainful work 92Z Irregular, infrequent and minor absences from a workplace count as gainful work 93 Management of family financial investments does not count as gainful work 93A Domestic duties in relation to a person's place of residence do not count as gainful work 93B Evidentiary certificate Subdivision C—Record‑keeping requirements 93C Record‑keeping requirements Division 6—Amount of pension bonus 93D How to calculate the amount of pension bonus 93E Qualifying bonus periods 93F Overall qualifying period 93G Pension multiple 93H Annual pension rate 93J Amount of pension bonus 93K Top up of pension bonus for increased rate of age pension 93L Top up of pension bonus in specified circumstances Division 11—Preclusion periods 93U Disposal preclusion period—disposals before 1 July 2002 93UA Disposal preclusion period—disposals on or after 1 July 2002 93V Compensation preclusion period 93W Carer preclusion period Division 12—Pension bonus bereavement payment 93WA Qualification for pension bonus bereavement payment 93WB Amount of pension bonus bereavement payment 93WC Definition of PBBP employment income Part 2.3—Disability support pension Division 1—Qualification for and payability of disability support pension Subdivision A—Qualification 94 Qualification for disability support pension 94A Participation requirements 94B Participation plans 94C Illness or accident 94D Pre‑natal and post‑natal relief 94E Supported employment 94F Special circumstances 95 Qualification for disability support pension—permanent blindness 96 Continuation of disability support pension Subdivision B—Payability 98 Disability support pension not payable if pension rate nil 103 Multiple entitlement exclusion 103A Exclusion of certain participants in ABSTUDY Scheme 104 Seasonal workers—preclusion period Division 5—Rate of disability support pension 117 How to work out a person's disability support pension rate 118 Approved program of work supplement 119 Approved program of work supplement not payable in certain circumstances 120 Effect of participation in an approved program of work for income support payment Division 10—Bereavement payments Subdivision A—Death of partner 146F Qualification for payments under this Subdivision 146G Continued payment of deceased partner's previous entitlement 146H Lump sum payable in some circumstances 146J Adjustment of person's disability support pension rate 146K Effect of death of person entitled to payments under this Subdivision 146L Matters affecting payment of benefits under this Subdivision Subdivision C—Death of recipient 146Q Death of recipient Part 2.5—Carer payment Division 1A—Interpretation 197 Definitions Division 1—Qualification for and payability of carer payment Subdivision A—Qualification 197A Overview—circumstances in which person is qualified for carer payment 197B Qualification—child with a severe disability or severe medical condition 197C Qualification—2 or more children each with a disability or medical condition 197D Qualification—disabled adult and one or more children each with a disability or medical condition 197E Qualification—child who has a terminal condition 197F Qualification—exchanged care of children 197G Qualification—short term or episodic care of children 197H Qualification—extension of short term or episodic care 197J Qualification following qualification for short term or episodic care 197K Remaining qualified after child turns 16 198 Qualification—disabled adult or disabled adult and dependent child 198AAA Continuation of qualification when person receiving care admitted to institution 198AA Qualification for carer payment—hospitalisation 198AB Care not required to be in private residence during portability period 198AC Effect of cessation of care etc. on carer payment 198AD Qualification—wife pension and carer allowance recipient 198A Income test 198B Taxable income 198C Appropriate tax year 198D Assets test 198E Working out the value of assets 198F Disposal of assets—care receiver assets test 198G Amount of disposition—care receiver assets test 198H Disposal of assets in pre‑pension years—individual higher ADAT score adults 198HA Disposal of assets in pre‑pension years—profoundly disabled child or disabled children 198HB Disposal of assets in pre‑pension years—lower ADAT score adult and dependent child 198J Disposal of assets before 1 July 2002—individual higher ADAT score adults 198JA Disposal of assets before 1 July 2002—profoundly disabled children or disabled children 198JB Disposal of assets before 1 July 2002—lower ADAT score adult and dependent child 198JC Disposal of assets in income year—individual higher ADAT score adults 198JD Disposal of assets in 5 year period—individual higher ADAT score adults 198JE Disposal of assets in income year—sole care children 198JF Disposal of assets in 5 year period—sole care child 198JG Disposal of assets in income year—lower ADAT score adult and child or children 198JH Disposal of assets in 5 year period—lower ADAT score adult and child or children 198K Disposal of assets in pre‑pension years—members of couples including higher ADAT score adults 198L Disposal of assets before 1 July 2002—members of couples including higher ADAT score adults 198LA Disposal of assets in income year—members of couples including higher ADAT score adults 198LB Disposal of assets in 5 year period—members of couples including higher ADAT score adults 198M Certain dispositions to be disregarded for care receiver assets test 198MA Other disposals to be disregarded for care receiver assets test 198N Exemption from care receiver assets test 198P Date of effect of favourable decision under section 198N 198Q Date of effect of adverse decision under section 198N Subdivision B—Payability 199 Carer payment not payable if payment rate nil 201AA Newly arrived resident's waiting period 201AB Duration of newly arrived resident's waiting period 202 Multiple entitlement exclusion 202A Exclusion of certain participants in ABSTUDY Scheme 203 Seasonal workers—preclusion period Division 4—Rate of carer payment 210 How to work out a person's carer payment rate Division 9—Bereavement payments Subdivision A—Continuation of carer payment 235 Continuation of carer payment for bereavement period where person cared for dies 236 Continued carer payment rate 236A Lump sum payable in some circumstances 236B Subdivision not to apply in certain cases involving simultaneous death Subdivision B—Death of partner 237 Qualification for payments under this Subdivision 238 Continued payment of deceased partner's previous entitlement 239 Lump sum payable in some circumstances 240 Adjustment of person's carer payment rate 241 Effect of death of person entitled to payments under this Subdivision 242 Benefits under this Subdivision 243 Subdivision not to apply in certain cases involving simultaneous death Subdivision D—Death of recipient 246 Death of recipient Part 2.5A—One‑off payments to carers eligible for carer payment Division 1—One‑off payment to carers eligible for carer payment 247 One‑off payment to carers (carer payment related) 248 What is the amount of the payment? Division 2—2005 one‑off payment to carers eligible for carer payment 249 2005 one‑off payment to carers (carer payment related) 250 What is the amount of the payment? Division 3—2005 one‑off payment to carers eligible for carer service pension 251 2005 one‑off payment to carers (carer service pension related) 252 What is the amount of the payment? Division 4—2006 one‑off payment to carers eligible for carer payment 253 2006 one‑off payment to carers (carer payment related) 254 Amount of the one‑off payment Division 5—2006 one‑off payment to carers eligible for wife pension 255 2006 one‑off payment to carers (wife pension related) 256 Amount of the one‑off payment Division 6—2006 one‑off payment to carers eligible for partner service pension 257 2006 one‑off payment to carers (partner service pension related) 258 Amount of the one‑off payment Division 7—2006 one‑off payment to carers eligible for carer service pension 259 2006 one‑off payment to carers (carer service pension related) 260 Amount of the one‑off payment Division 8—2007 one‑off payment to carers eligible for carer payment 261 2007 one‑off payment to carers (carer payment related) 262 Amount of the one‑off payment Division 9—2007 one‑off payment to carers eligible for wife pension 263 2007 one‑off payment to carers (wife pension related) 264 Amount of the one‑off payment Division 10—2007 one‑off payment to carers eligible for partner service pension 265 2007 one‑off payment to carers (partner service pension related) 266 Amount of the one‑off payment Division 11—2007 one‑off payment to carers eligible for carer service pension 267 2007 one‑off payment to carers (carer service pension related) 268 Amount of the one‑off payment Division 12—2008 one‑off payment to carers eligible for carer payment 269 2008 one‑off payment to carers (carer payment related) 270 Amount of the one‑off payment Division 13—2008 one‑off payment to carers eligible for wife pension 271 2008 one‑off payment to carers (wife pension related) 272 Amount of the one‑off payment Division 14—2008 one‑off payment to carers eligible for partner service pension 273 2008 one‑off payment to carers (partner service pension related) 274 Amount of the one‑off payment Division 15—2008 one‑off payment to carers eligible for carer service pension 275 2008 one‑off payment to carers (carer service pension related) 276 Amount of the one‑off payment Part 2.6—One‑off energy assistance payment 300 One‑off energy assistance payment 301 Amount of one‑off energy assistance payment Part 2.6A—2019 one‑off energy assistance payment 302 One‑off energy assistance payment 303 Amount of one‑off energy assistance payment Part 2.6B—2020 economic support payments Division 1—First 2020 economic support payment 304 First 2020 economic support payment 305 Amount of first 2020 economic support payment Division 2—Second 2020 economic support payment 306 Second 2020 economic support payment 307 Amount of second 2020 economic support payment Division 3—Eligibility 308 Eligibility Part 2.6C—Additional economic support payments Division 1—Additional economic support payment 2020 309 Additional economic support payment 2020 310 Amount of additional economic support payment 2020 Division 2—Additional economic support payment 2021 311 Additional economic support payment 2021 312 Amount of additional economic support payment 2021 Division 3—Eligibility 313 Eligibility Part 2.6D—2022 cost of living payment Division 1—2022 cost of living payment 314 2022 cost of living payment 315 Amount of 2022 cost of living payment Division 2—Eligibility 316 Eligibility Part 2.10—Parenting payment Division 1—Qualification for and payability of parenting payment Subdivision A—Qualification 500 Qualification for parenting payment 500B Qualification—assurance of support 500C Qualification affecting member of couple—unemployment due to industrial action 500D PP child 500E Prospective determinations for some recipients Subdivision B—General principles relating to payability 500I Parenting payment not payable if payment rate nil 500J Situations where payment not payable for failure to comply with certain requirements 500Q Assets test—payment not payable if assets value limit exceeded 500S Multiple entitlement exclusion 500V Educational schemes exclusion—person member of a couple 500VA Exclusion of certain participants in ABSTUDY Scheme 500WA Ordinary waiting period 500WB Duration of ordinary waiting period 500X Newly arrived resident's waiting period 500Y Duration of newly arrived resident's waiting period 500Z Seasonal workers—preclusion period Division 4—Rate of parenting payment Subdivision A—Rate of parenting payment 503 How to work out a person's parenting payment rate 503A Approved program of work supplement 503AA Approved program of work supplement not payable in certain circumstances Division 9—Bereavement payments Subdivision A—Continuation of parenting payment after death of child 512 Death of PP child—continuation of qualification for 14 weeks Subdivision B—Death of recipient 513 Death of recipient—recipient not member of a couple 513A Death of recipient—recipient member of a couple Subdivision C—Death of partner 514 Surviving partner and deceased partner 514A Qualification for payments under this Subdivision 514B Continued payment of deceased partner's previous entitlement 514C Lump sum payable in some circumstances 514D Adjustment of person's parenting payment rate 514E Effect of death of surviving partner 514F Matters affecting payments under this Subdivision An Act to provide for the payment of certain pensions, benefits and allowances, and for related purposes Chapter 1—Introductory Part 1.1—Formal matters 1 Short title This Act may be cited as the Social Security Act 1991. 2 Commencement This Act commences on 1 July 1991. 3 Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. 3AA Norfolk Island This Act extends to Norfolk Island. Part 1.2—Definitions 3A Power of Secretary to make determinations etc. If: (a) a provision of this Act refers to a determination made, approval given or other act done by the Secretary; and (b) there is no other provision of this Act expressly conferring power on the Secretary to make the determination, give the approval or do the act; the Secretary has power by this section to make such a determination, give such an approval or do such an act, as the case requires. 3AB References to Employment Secretary A reference in a provision of this Act or the Administration Act to the Employment Secretary does not, by implication, affect the meaning of a reference to the Secretary in any other provision of this Act or the Administration Act. Note: Under subsection 23(1), Secretary generally means the Secretary of the Department. Applying section 19A of the Acts Interpretation Act 1901 (which deals with references in provisions of Acts to the Department), the Secretary referred to in many provisions of this Act or the Administration Act will be the Employment Secretary. 3B Definitions—simplified outline Sections 4 to 23 contain definitions of terms that are used in the social security law. Subsection 23(1) contains an entry for each expression that is defined for the purposes of this Act. That subsection is like a Dictionary. The entry is either an actual definition of the expression or a signpost definition that identifies the provision that defines the expression. Many other sections in this Part contain the actual definitions relating to a particular topic. For example, sections 4 and 5 contain family relationship definitions and section 8 contains income test definitions. 4 Family relationships definitions—couples (1) In this Act, unless the contrary intention appears: approved respite care has the meaning given by subsection (9). armed services widow means a woman who was the partner of: (a) a person who was a veteran for the purposes of any provisions of the Veterans' Entitlements Act; or (b) a person who was a member of the forces for the purposes of Part IV of that Act; or (c) a person who was a member of a peacekeeping force for the purposes of Part IV of that Act; or (d) a person who was a member within the meaning of the Military Rehabilitation and Compensation Act for the purposes of that Act; immediately before the death of the person. armed services widower means a man who was the partner of: (a) a person who was a veteran for the purposes of any provisions of the Veterans' Entitlements Act; or (b) a person who was a member of the Forces for the purposes of Part IV of that Act; or (c) a person who was a member of a Peacekeeping Force for the purposes of Part IV of that Act; or (d) a person who was a member within the meaning of the Military Rehabilitation and Compensation Act for the purposes of that Act; immediately before the death of the person. illness separated couple has the meaning given by subsection (7). member of a couple has the meaning given by subsections (2), (3), (3A), (6) and (6A). partner, in relation to a person who is a member of a couple, means the other member of the couple. partnered has the meaning given by subsection (11). partnered (partner getting benefit) has the meaning given by subsection (11). partnered (partner getting neither pension nor benefit) has the meaning given by subsection (11). partnered (partner getting pension) has the meaning given by subsection (11). partnered (partner getting pension or benefit) has the meaning given by subsection (11). partnered (partner in gaol) has the meaning given by subsection (11). prohibited relationship has the meaning given by subsections (12) and (13). respite care couple has the meaning given by subsection (8). Member of a couple—general (2) Subject to subsection (3), a person is a member of a couple for the purposes of this Act if: (a) the person is legally married to another person and is not, in the Secretary's opinion (formed as mentioned in subsection (3)), living separately and apart from the other person on a permanent or indefinite basis; or (aa) both of the following conditions are met: (i) a relationship between the person and another person (whether of the same sex or a different sex) is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section; (ii) the person is not, in the Secretary's opinion (formed as mentioned in subsection (3)), living separately and apart from the other person on a permanent or indefinite basis; or (b) all of the following conditions are met: (i) the person has a relationship with another person, whether of the same sex or a different sex (in this paragraph called the partner); (ii) the person is not legally married to the partner; (iii) the relationship between the person and the partner is, in the Secretary's opinion (formed as mentioned in subsections (3) and (3A)), a de facto relationship; (iv) both the person and the partner are over the age of consent applicable in the State or Territory in which they live; (v) the person and the partner are not within a prohibited relationship. Member of a couple—criteria for forming opinion about relationship (3) In forming an opinion about the relationship between 2 people for the purposes of paragraph (2)(a), subparagraph (2)(aa)(ii) or subparagraph (2)(b)(iii), the Secretary is to have regard to all the circumstances of the relationship including, in particular, the following matters: (a) the financial aspects of the relationship, including: (i) any joint ownership of real estate or other major assets and any joint liabilities; and (ii) any significant pooling of financial resources especially in relation to major financial commitments; and (iii) any legal obligations owed by one person in respect of the other person; and (iv) the basis of any sharing of day‑to‑day household expenses; (b) the nature of the household, including: (i) any joint responsibility for providing care or support of children; and (ii) the living arrangements of the people; and (iii) the basis on which responsibility for housework is distributed; (c) the social aspects of the relationship, including: (i) whether the people hold themselves out as married to, or in a de facto relationship with, each other; and (ii) the assessment of friends and regular associates of the people about the nature of their relationship; and (iii) the basis on which the people make plans for, or engage in, joint social activities; (d) any sexual relationship between the people; (e) the nature of the people's commitment to each other, including: (i) the length of the relationship; and (ii) the nature of any companionship and emotional support that the people provide to each other; and (iii) whether the people consider that the relationship is likely to continue indefinitely; and (iv) whether the people see their relationship as a marriage‑like relationship or a de facto relationship. (3A) The Secretary must not form the opinion that the relationship between a person and his or her partner is a de facto relationship if the person is living separately and apart from the partner on a permanent or indefinite basis. Member of a couple—special excluding determination (6) A person is not a member of a couple if a determination under section 24 is in force in relation to the person. Note: Section 24 allows the Secretary to treat a person who is a member of a couple as not being a member of a couple in special circumstances. (6A) A person who: (a) has claimed youth allowance and is not independent within the meaning of Part 3.5; or (b) is receiving a youth allowance and is not independent within the meaning of Part 3.5; or (c) is a member of a couple of which a person referred to in paragraph (b) is the other member; is not a member of a couple for the purposes of: (d) the provisions of this Act referred to in the table at the end of this subsection; and (e) any provision of this Act that applies for the purposes of a provision mentioned in paragraph (d); and (f) any provision of this Act that applies for the purposes of Module E (Ordinary income test) of the Pension PP (Single) Rate Calculator in section 1068A. Note: Paragraphs (e) and (f) have the effect of treating a person as not being a member of a couple in provisions that apply for the purposes of the income test, assets test, liquid assets test or compensation recovery provisions, including section 8 (Income test definitions), sections 11 and 11A (Assets test definitions), section 14A (Social security benefit liquid assets test provisions), section 17 (Compensation recovery definitions), section 19B (Financial hardship provisions liquid assets test definition), Part 2.26 (Fares allowance), Part 3.10 (General provisions relating to the ordinary income test) and Part 3.12 (General provisions relating to the assets test). Affected provisions Item Provisions of this Act Subject matter 1 Subdivision AB of Division 2 of Part 2.11 Youth allowance assets test 1A section 500Q Parenting payment assets test 2 sections 549A to 549C Youth allowance liquid assets test 3 Subdivision B of Division 2 of Part 2.11A Austudy payment assets test 4 sections 575A to 575C Austudy payment liquid assets test 5 section 598 Jobseeker payment liquid assets test 6 sections 611 and 612 Jobseeker payment assets test 10 sections 733 and 734 Special benefit assets test 11A Part 2.26 Fares allowance 12 Module E of Pension Rate Calculator A Ordinary income test 13 Module G of Pension Rate Calculator A Assets test 14 Module F of Pension Rate Calculator D Ordinary income test 15 Module H of Pension Rate Calculator D Assets test 16 Module H of Youth Allowance Rate Calculator Income test 17 Module D of the Austudy Payment Rate Calculator Income test 18 Module G of Benefit Rate Calculator B Income test 19 Part 3.14 Compensation recovery Illness separated couple (7) Where 2 people are members of a couple, they are members of an illness separated couple if: (a) they are unable to live together in their home as a result of the illness or infirmity of either or both of them; and (b) because of that inability to live together, their living expenses are, or are likely to be, greater than they would otherwise be; and (c) that inability is likely to continue indefinitely. Respite care couple (8) Where 2 people are members of a couple, they are members of a respite care couple if: (a) one of the members of the couple has entered approved respite care; and (b) the member who has entered the approved respite care has remained, or is likely to remain, in that care for at least 14 consecutive days. (9) For the purpose of this Act, a person is in approved respite care on a particular day if the person is eligible for: (a) a respite supplement in respect of that day under the Subsidy Principles made for the purposes of subparagraph 44‑5(1)(a)(i) of the Aged Care Act 1997; or (b) a respite care supplement in respect of that day under section 44‑12 of the Aged Care (Transitional Provisions) Act 1997. Temporarily separated couple (9A) Two people are members of a temporarily separated couple if they: (a) are members of a couple for the purposes of this Act; and (c) are living separately and apart from each other but not on a permanent or indefinite basis; and (d) are neither an illness separated nor a respite care couple. Note: For member of a couple see subsection 4(2) and section 24. Standard family situation categories (11) For the purposes of this Act: (a) a person is partnered if the person is a member of a couple; and (b) a person is partnered (partner getting neither pension nor benefit) if the person is a member of a couple and the person's partner: (i) is not receiving a social security pension; and (ii) is not receiving a social security benefit; and (iii) is not receiving a service pension, income support supplement or a veteran payment; and (c) a person is partnered (partner getting pension or benefit) if the person is a member of a couple and the person's partner is receiving: (i) a social security pension; or (ii) a social security benefit; or (iii) a service pension, income support supplement or a veteran payment; and (d) a person is partnered (partner getting pension) if the person is a member of a couple and the person's partner is receiving: (i) a social security pension; or (ii) a service pension, income support supplement or a veteran payment; and (e) a person is partnered (partner getting benefit) if the person is a member of a couple and the person's partner is receiving a social security benefit; and (f) a person is partnered (partner in gaol) if the person is a member of a couple and the person's partner is: (i) in gaol; or (ii) undergoing psychiatric confinement because the partner has been charged with committing an offence. Note 1: For social security pension see subsection 23(1). Note 2: For in gaol see subsection 23(5). Note 3: For psychiatric confinement see subsections 23(8) and (9). Prohibited relationship (12) For the purposes of this Act, a person and his or her partner are within a prohibited relationship if the person is: (a) an ancestor or a descendant of the partner; or (b) a brother, sister, half‑brother or half‑sister of the partner. (13) For the purposes of subsection (12), a child who is, or has ever been, an adopted child of a person is taken to be the natural child of that person and the person is taken to be the natural parent of the child. 5 Family relationships definitions—children (1) In this Act, unless the contrary intention appears: adopted child means a young person adopted under the law of any place, whether in Australia or not, relating to the adoption of children. child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975. dependent child has the meaning given by subsections (2) to (8A). independent, in Parts 2.11, 2.11B, 3.4A, 3.4B, 3.5 and 3.7, has the meaning given in section 1067A. main supporter of a secondary pupil child has the meaning given by section 5G. parent means: (a) (except in Part 2.11, section 592L, subsection 1067A(10L) and the Youth Allowance Rate Calculator in section 1067G): (i) in relation to a person (the relevant person), other than an adopted child—a natural parent or relationship parent of the relevant person; or (ii) in relation to an adopted child—an adoptive parent of the child; or (b) in Part 2.11, section 592L, subsection 1067A(10L) and the Youth Allowance Rate Calculator in section 1067G, in relation to a person (relevant person): (i) a natural parent, adoptive parent or relationship parent of the relevant person with whom the relevant person normally lives; or (ii) if a parent referred to in subparagraph (b)(i) is a member of a couple and normally lives with the other member of the couple—the other member of the couple; or (iii) any other person (other than the relevant person's partner) on whom the relevant person is wholly or substantially dependent; or (iv) if none of the preceding paragraphs applies—the natural parent, adoptive parent or relationship parent of the relevant person with whom the relevant person last lived. prescribed educational scheme means: (b) the ABSTUDY Scheme; or (ca) a Student Financial Supplement Scheme; or (e) the Veterans' Children Education Scheme; or (ea) the scheme to provide education and training under section 258 of the Military Rehabilitation and Compensation Act; or (f) the Post‑Graduate Awards Scheme. Note: For paragraph (ca), an application under the Student Financial Supplement Scheme cannot be made in respect of a year, or a part of a year, that begins on or after the day on which the Student Assistance Legislation Amendment Act 2006 receives the Royal Assent (see subsection 1061ZY(2)). prescribed student child has the meaning given by subsection (11). principal carer, of a child, has the meaning given by subsections (15) to (24). relationship child has the meaning given by subsection (25). relationship parent has the meaning given by subsection (25). secondary pupil child has the meaning given by section 5F. step‑child: without limiting who is a step‑child of a person for the purposes of this Act, someone who is a child of a partner of the person is the step‑child of the person, if he or she would be the person's step‑child except that the person is not legally married to the partner. step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a partner of a parent of the person is the step‑parent of the person, if he or she would be the person's step‑parent except that he or she is not legally married to the person's parent. student child has the meaning given by subsection (1A). young person: (a) except in Part 2.20—has the meaning given by subsection (1B) of this section; and (b) in Part 2.20—means a person who is under 20 years of age. (1A) A person is a student child at a particular time if: (a) at the time, the person: (i) has reached 16, but is under 22, years of age; and (ii) is receiving full‑time education at a school, college or university; and (b) the person's income in the financial year in which that time occurs will not be more than $6,403. (1B) A person is a young person at a particular time if at that time the person: (a) is under 16 years of age; or (b) is a student child. Dependent child—under 16 (2) Subject to subsections (3) and (6) to (8), a young person who has not turned 16 is a dependent child of another person (in this subsection called the adult) if: (a) the adult is legally responsible (whether alone or jointly with another person) for the day‑to‑day care, welfare and development of the young person, and the young person is in the adult's care; or (b) the young person: (i) is not a dependent child of someone else under paragraph (a) or (aa); and (ii) is wholly or substantially in the adult's care. Note: For paragraph (a), see also subsection (16). (3) A young person who has not turned 16 cannot be a dependent child if: (a) the young person is not in full‑time education; and (b) the young person is in receipt of income; and (c) the rate of that income exceeds $107.70 per week. Note: The amount in paragraph (c) is indexed annually in line with CPI increases (see sections 1191 to 1194). Dependent child—16 to 21 years of age (4) Subject to subsections (5) to (8), a young person is a dependent child of another person at a particular time if: (a) at that time, the young person: (i) has reached 16, but is under 22, years of age; and (ii) is wholly or substantially dependent on the other person; and (b) the young person's income in the financial year in which that time occurs will not be more than $6,403. (5) A young person who has turned 16 cannot be a dependent child of another person if the other person is the young person's partner. Dependent child—pension, benefit and Labour Market Program recipients (6) A young person cannot be a dependent child for the purposes of this Act if: (a) the young person is receiving a social security pension; or (b) the young person is receiving a social security benefit; or (c) the young person is receiving payments under a program included in the programs known as Labour Market Programs. Dependent child—residence requirements (7) For the purposes of this Act (other than the provisions dealing with special benefit), a young person is not to be treated as a dependent child of another person (in this subsection called the adult) unless: (a) if the adult is an Australian resident: (i) the young person is an Australian resident; or (ii) the young person is living with the adult; or (b) if the adult is not an Australian resident: (i) the young person is an Australian resident; or (ii) the young person has been an Australian resident and is living with the adult outside Australia; or (iii) the young person had been living with the adult in Australia and is living with the adult outside Australia. Note: For Australian resident see subsection 7(2). (8) For the purposes of working out the maximum rate of special benefit under subsection 746(2), a young person is not to be treated as a dependent child of another person (in this subsection called the adult) unless: (a) if the adult is an Australian resident: (i) the young person is an Australian resident or a resident of Australia; or (ii) the young person is living with the adult; or (b) if the adult is not an Australian resident—the young person is an Australian resident or a resident of Australia. Note: Australian resident is defined by subsection 7(2) but resident of Australia has its ordinary meaning and is not given any special definition by this Act. Subsection 7(3) is relevant to the question of whether a person is residing in Australia. (8A) For the purposes of Part 2.10, a young person who is an inmate of a mental hospital is a dependent child of a member of a couple if there is in force under section 37 a determination in respect of the young person and the member of the couple. Prescribed student child (11) A person is a prescribed student child if: (a) the person is a young person who has reached 16, but is under 22, years of age; and (b) the young person is qualified to receive payments under a prescribed educational scheme. (12) For the purposes of subsection (11), a young person is, subject to subsection (13), qualified to receive a payment under a prescribed educational scheme if: (a) the young person is receiving a payment under a prescribed educational scheme; or (b) someone else is receiving, in respect of the young person, a payment under a prescribed educational scheme; or (c) the Secretary has not formed the opinion that: (i) the young person will not, or would not if an application were duly made, receive a payment under a prescribed educational scheme; and (ii) no other person will, or would if an application were duly made, receive, in respect of the young person, a payment under a prescribed educational scheme. (13) For the purposes of subsection (11), a young person is not qualified to receive a payment under a prescribed educational scheme if: (a) the young person is not receiving a payment under a prescribed educational scheme; and (b) no other person is receiving, in respect of the young person, a payment under a prescribed educational scheme; and (c) the Secretary is satisfied that the educational scheme rate would be less than the social security rate. (14) For the purposes of subsection (13): (a) the educational scheme rate is the total of the amounts that would be payable to or in respect of the young person under the prescribed educational scheme; and (b) the social security rate is the Part A rate of family tax benefit for which a person would be eligible (in respect of the young person) if the young person were not a prescribed student child. Principal carer (15) A person is the principal carer of a child if: (a) the child is a dependent child of the person; and (b) the child has not turned 16. Note: The definition of dependent child in subsection (2) requires: (a) the adult to be legally responsible (whether alone or jointly with another person) for the day‑to‑day care, welfare and development of the child: subsection (16) deals with the circumstances in which a step‑parent is taken to have such legal responsibility; and (b) a child to be in an adult's care: subsection (17) deals with the circumstances in which a child is taken to remain in an adult's care. (16) For the purpose of determining whether a person is the principal carer of a child, the person is taken to be legally responsible (whether alone or jointly with another person) for the day‑to‑day care, welfare and development of the child if: (a) the person is the step‑parent of the child; and (b) the person is living with the child and a parent of the child; and (c) the person and the parent are members of the same couple. This subsection does not, by implication, affect the determination of whether a person is taken to be legally responsible (whether alone or jointly with another person) for the day‑to‑day care, welfare and development of a child in cases to which this subsection does not apply. (17) For the purpose of determining whether a person is the principal carer of a child, the child is taken to remain in the person's care if: (a) at the start of a period not exceeding 8 weeks, the child leaves the person's care; and (b) throughout the period, the child is the dependent child of another person; and (c) the child returns, or the Secretary is satisfied that the child will return, to the first person's care at the end of the period. This subsection does not, by implication, affect the determination of whether a child is in the care of a person in cases to which this subsection does not apply (for example, if the period exceeds 8 weeks). Principal carer—a child can only have one principal carer (18) Only one person at a time can be the principal carer of a particular child. (19) If the Secretary is satisfied that, but for subsection (18), 2 or more persons (adults) would be principal carers of the same child, the Secretary must: (a) make a written determination specifying one of the adults as the principal carer of the child; and (b) give a copy of the determination to each adult. (20) The Secretary may make the determination even if all the adults have not claimed a social security payment that is based on, or would be affected by, the adult being the principal carer of the child. Principal carer—which member of a couple can be a principal carer (20A) Subject to subsection (20B), a person is not the principal carer of any child if: (a) the person is a member of a couple; and (b) the other member of the couple is, or apart from this subsection would be, the principal carer of one or more children; and (c) the other member of the couple is receiving parenting payment, youth allowance, jobseeker payment or special benefit; and (d) the payment, allowance or benefit is based on or affected by the other member of the couple being the principal carer of a child. (20B) If: (a) a member of a couple is receiving, or has made a claim for, a social security payment that is or would be based on or affected by the person being the principal carer of a child; and (b) the other member of the couple is receiving, or has made a claim for, a social security payment that is or would be based on or affected by the person being the principal carer of a child; and (c) apart from subsection (20C), the application of subsection (20A) would, or would if the claim or claims were granted, prevent each member of the couple from being the principal carer of any child; the Secretary must determine in writing that one of them can be a principal carer of a child. (20C) The determination has effect accordingly, despite subsection (20A). (20D) The Secretary must give a copy of the determination to each member of the couple. Principal carer—child absent from Australia (21) If a child: (a) leaves Australia temporarily; and (b) continues to be absent from Australia for more than 6 weeks; a person cannot be the principal carer of the child at any time after the 6 weeks while the child remains absent from Australia unless, at that time: (c) the child is in the company of a person to whom Division 2 of Part 4.2 applies; and (d) but for this subsection, the person would be the principal carer of the child; and (e) the person's portability period (within the meaning of that Division) for a social security payment: (i) that the person was receiving immediately before the person's absence from Australia; or (ii) the person's claim for which was granted during the absence; has not ended. (22) For the purposes of subsection (21), in determining if an absence is temporary, regard must be had to the following factors: (a) the purpose of the absence; (b) the intended duration of the absence; (c) the frequency of such absences. (23) If a child: (a) is born outside Australia; and (b) continues to be absent from Australia for a period of more than 6 weeks immediately following the child's birth; a person cannot be the principal carer of the child at any time after the 6 weeks while the child remains absent from Australia unless, at that time: (c) the child is in the company of a person to whom Division 2 of Part 4.2 applies; and (d) but for this subsection, the person would be the principal carer of the child; and (e) the person's portability period (within the meaning of that Division) for a social security payment: (i) that the person was receiving immediately before the person's absence from Australia; or (ii) the person's claim for which was granted during the absence; has not ended. (24) If: (a) a person is not the principal carer of a child because of subsection (21) (absence from Australia) or (23) (birth outside Australia), or because of a previous application of this subsection; and (b) the child comes to Australia; and (c) the child leaves Australia less than 6 weeks later; a person cannot be the principal carer of the child when the child leaves Australia as mentioned in paragraph (c). Relationship child and relationship parent (25) If: (a) someone is a child of a person because of: (i) the definition of child in subsection (1); or (ii) paragraph (b) of the definition of child in section 1207A; or (iii) paragraph (b) of the definition of child in subsection 1209R(5); and (b) he or she is not a biological or adopted child of the person; the child is the relationship child of the person and the person is the relationship parent of the child. 5A Single person sharing accommodation (1) For the purposes of this Act, a person is to be treated as a single person sharing accommodation if the person: (a) is not a member of a couple; and (b) has no dependent children; and (c) has, in common with one or more other people, the right to use at least one major area of accommodation. (2) A person is not to be treated as a single person sharing accommodation if the person: (a) pays, or is liable to pay, amounts for the person's board and lodging; or (ab) is residing in exempt accommodation (see subsections (5A), (5B) and (5C)); or (b) is the recipient of a disability support pension or a carer pension; or (c) is residing in a nursing home. (3) A person who has the exclusive right to use a bathroom, a kitchen and a bedroom is not to be treated as a single person sharing accommodation solely because the person has the right, in common with one or more other people, to use other major areas of accommodation. (4) A person is not to be treated as a single person sharing accommodation solely because the person shares accommodation with one or more recipient children of the person. (5) If: (a) a person lives alone in a caravan or mobile home, or on board a vessel; or (b) a person shares accommodation in a caravan, mobile home or vessel solely with one or more recipient children of the person; the person is not to be treated as a single person sharing accommodation solely because the person has the right, in common with one or more other people, to use one or more major areas of accommodation in a caravan park or marina. (5A) A person's accommodation is exempt accommodation if it is in premises that are, in the Secretary's opinion, a boarding house, guest house, hostel, hotel, private hotel, rooming house, lodging house or similar premises. (5B) In forming an opinion about a person's accommodation for the purposes of subsection (5A), the Secretary is to have regard to the characteristics of the accommodation including, in particular, whether or not the following are characteristics of the accommodation: (a) the premises are known as a boarding house, guest house, hostel, hotel, private hotel, rooming house, lodging house or similar premises; (b) a manager or administrator (other than a real estate agent) is retained to manage the premises or administer the accommodation on a daily or other frequent regular basis; (c) staff are retained by the proprietor or manager of the premises to work in the premises on a daily or other frequent regular basis; (d) the residents lack control over the day‑to‑day management of the premises; (e) there are house rules, imposed by the proprietor or manager, that result in residents having rights that are more limited than those normally enjoyed by a lessee of private residential accommodation (for example, rules limiting the hours of residents' access to their accommodation or limiting residents' access to cooking facilities in the premises); (f) the person does not have obligations to pay for his or her costs of gas, water or electricity separately from the cost of the accommodation; (g) the accommodation is not private residential accommodation, having regard to: (i) the number and nature of bedrooms in the premises; or (ii) the number of people who are not related to one another living at the premises; or (iii) the number and nature of bathrooms in the premises; (h) the person's accommodation has not been offered to the person on a leasehold basis; (j) there is no requirement that the person pay a bond as security for either the payment of rent or the cost of any damage caused by the person, or for both; (k) the person's accommodation is available on a daily or other short‑term basis. (5C) Each of the characteristics set out in subsection (5B) points towards the accommodation in question being exempt accommodation. (6) In this section: major area of accommodation means any of the following, whether identifiably separate from other areas of accommodation or not: (a) a bathroom; (b) a kitchen; (c) a bedroom. recipient child means a child who receives any of the following, but who does not receive any amount by way of rent assistance: (a) a social security payment; (c) a payment under the ABSTUDY Schooling scheme or the ABSTUDY Tertiary scheme; (d) a service pension; (da) a veteran payment; (e) a youth training allowance. 5B Registered and active foster carers (1) A person is a registered and active foster carer if the Secretary is satisfied that: (a) the person meets the requirements (if any) of the law of the State or Territory in which the person resides that the person must meet in order to be permitted, under the law of that State or Territory, to provide foster care in that State or Territory; and (b) the person is taken, in accordance with guidelines made under subsection (2), to be actively involved in providing foster care in that State or Territory. (2) The Secretary may, by legislative instrument, make guidelines setting out the circumstances in which persons are taken, for the purposes of the social security law, to be actively involved in providing foster care in that State or Territory. 5C Home educators A person is a home educator of a child if the Secretary is satisfied that: (a) the child is receiving, in the person's home, education that wholly or substantially replaces the education that the child would otherwise receive by attending a school; and (b) the person meets the requirements (if any) of the law of the State or Territory in which the person resides that the person must meet in order to be permitted, under the law of that State or Territory, to provide that education to the child; and (c) the person is suitably involved in providing and supervising that education. 5D Distance educators A person is a distance educator of a child if the Secretary is satisfied that: (a) the child is enrolled to receive education by undertaking a distance education curriculum; and (b) the child is undertaking that curriculum; and (c) the person is suitably involved in assisting and supervising the child in relation to that curriculum. 5E Relatives (other than parents) (1) A person is a relative (other than a parent) of a child if: (a) the person is not the child's parent or step‑parent; and (b) any of the following apply to the person: (i) the person is related to the child by blood, adoption or marriage; (ii) if the child is an Aboriginal or Torres Strait Islander child who has traditional Aboriginal or Torres Strait Islander kinship ties—the person is related to the child under Aboriginal or Torres Strait Islander kinship rules; (iii) if the child is a member of a community that accepts relationships other than those referred to in subparagraphs (i) and (ii) as kinship ties—the person is accepted by the community to be related to the child. (2) For the purposes of subparagraph (1)(b)(i), if one person is a relationship child, or a step‑child, of another person, relationships traced to or through the person are to be determined on the basis that the person is related by blood to the other person. 5F Secondary pupil child A person is a secondary pupil child of another person at a time in a financial year if: (a) at the time, the person: (i) has turned 16 but has not turned 19; and (ii) has not completed the final year of secondary school or an equivalent level of education; and (iii) is undertaking secondary education or a course of study or instruction that is determined under section 5D of the Student Assistance Act 1973 to be a secondary course; and (b) the person's income in the financial year will not be more than $6,403; and (c) at the time, the person: (i) lives with the other person; and (ii) is wholly or substantially dependent on the other person; and (d) if the person is a member of a couple, the other person is not the person's partner; and (e) the other person is claiming or receiving any of the following at the time: (i) parenting payment; (ii) youth allowance; (iii) jobseeker payment; (iv) special benefit. Note: The amount in paragraph (b) is indexed annually in line with CPI increases (see sections 1191 to 1194). 5G Main supporter of secondary pupil child (1) If someone is a secondary pupil child of a person, the person is the main supporter of the secondary pupil child, subject to subsection (2). (2) Subsections 5(18) to (22) (inclusive) and subsection 5(24) apply for the purposes of determining whether a person is the main supporter of a secondary pupil child in the same way as they apply for the purposes of determining whether a person is the principal carer of a child. Note: Subsections 5(18) to (20D) (inclusive) are about identifying the one person who is the principal carer of a child. Subsections 5(21), (22) and (24) prevent a person from being the principal carer of a child who has left Australia and has been absent from Australia for more than 6 weeks. 6 Double orphan pension definitions In this Act, unless the contrary intention appears: approved care organisation means an organisation approved by the Secretary under subsection 35(1). double orphan means a young person who is a double orphan in accordance with section 993 or 994. 6A Concession card definitions (1) In this Act, unless the contrary intention appears: automatic issue card means: (a) a pensioner concession card; or (b) an automatic issue health care card. automatic issue health care card means a health care card issued to a person qualified for the card under Subdivision A of Division 3 of Part 2A.1. concession card means: (a) a pensioner concession card; or (b) a health care card; or (c) a seniors health card. dependant, in relation to a person who is the holder of a pensioner concession card or an automatic issue health care card (other than a health care card for which the person is qualified under subsection 1061ZK(4)), means a person who is: (a) the partner; or (b) a dependent child; of the holder of the card. dependant, in relation to a person who is the holder of a health care card for which the person is qualified under subsection 1061ZK(4) or Subdivision B of Division 3 of Part 2A.1, means a person who is: (a) the partner; or (b) an FTB child; or (c) a regular care child; of the holder of the card. dependant, in relation to a person, other than a child in foster care, who has made a claim for a health care card (the claimant), means a person who is: (a) the partner; or (b) an FTB child; or (c) a regular care child; of the claimant. income‑tested: a health care card is income‑tested for a person if the person is required by paragraph 1061ZO(2)(d), (3)(e) or (4)(d) to satisfy the health care card income test in order to qualify for the health care card. (2) For the purposes of the operation of a definition of dependant in subsection (1) in relation to a provision of Part 2A.1, a person (the child) is an FTB child, or a regular care child, of another person (the adult) if: (a) the child is an FTB child, or a regular care child, (as the case requires) of the adult within the meaning of the Family Assistance Act; and (b) either: (i) the child is under 16 years of age; or (ii) the child is 16, but not yet 19, years of age and is undertaking secondary studies. 7 Australian residence definitions (1) In this Act, unless the contrary intention appears: Australian resident has the meaning given by subsection (2). former refugee means a person who was a refugee but does not include a person who ceased to be a refugee because his or her visa or entry permit (as the case may be) was cancelled. holder, in relation to a visa, has the same meaning as in the Migration Act 1958. new PRC (temporary) entry permit means an entry permit within class 437 of Division 2.6—Group 2.6 in Part 2 of Schedule 1 to the Migration (1993) Regulations as in force before 1 September 1994. old PRC (temporary) entry permit means a PRC (temporary) entry permit within the meaning of the Migration (1989) Regulations as in force before 1 February 1993. Pacific engagement visa means: (a) a visa referred to in the regulations made under the Migration Act 1958 as a Subclass 192 (Pacific Engagement) visa; or (b) a visa of a kind determined under subsection (4C). permanent visa, special category visa and visa have the same meaning as in the Migration Act 1958. protected SCV holder has the meaning given by subsections (2A), (2B), (2C) and (2D). qualifying Australian residence has the meaning given by subsection (5). qualifying residence exemption has the meaning given in subsections (6) and (6AA). (2) An Australian resid