Commonwealth: Social Security (Administration) Act 1999 (Cth)

Social Security (Administration) Act 1999 No. 191, 1999 Compilation No. 162 Compilation date: 14 October 2024 Includes amendments: Act No. 38, 2024 This compilation is in 2 volumes Volume 1: sections 1–123ZO Volume 2: sections 124–257 Schedules Endnotes Each volume has its own contents About this compilation This compilation This is a compilation of the Social Security (Administration) Act 1999 that shows the text of the law as amended and in force on 14 October 2024 (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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Part 1—Preliminary 1 Short title 2 Commencement 2A Application of the Criminal Code 3 Interpretation 5 Manner of giving notice 6 Effect of certain determinations 6A Secretary may arrange for use of computer programs to make decisions 6B Norfolk Island Part 2—General administration of social security law 7 General administration of social security law 8 Principles of administration 10 Agreement on administrative arrangements Part 3—Provision of benefits Division 1—Claim for social security payment or concession card Subdivision A—Need for claim 11 General rule Subdivision B—Cases where claim not necessary 12 Deemed claim in certain cases 12A One‑off payment to the aged 12AA One‑off payments to carers 12AB Economic security strategy payment and training and learning bonus 12AC One‑off energy assistance payment 12AD 2019 one‑off energy assistance payment 12AE 2020 economic support payment 12AF Additional economic support payments 12AG Remote engagement program payment 12AH 2022 cost of living payment 12B Language, literacy and numeracy supplement 12C Utilities allowance 12D Energy supplement 12DA Quarterly pension supplement 12DB Quarterly energy supplement 12E Child disability assistance 12F Carer allowance 12G Carer supplement 12H Relocation scholarship payment 12K Clean energy advance 12L FHA supplement and relief payment 13 Deemed claim—person contacting Department about a claim for a social security payment 14 Deemed claim—person contacting Department about a claim for a concession card 14A Determination for purposes of sections 13 and 14 15 Deemed claim—incorrect or inappropriate claims 15A Deemed claim—certain claims for carer allowance Subdivision C—Manner of making a claim 16 How to make a claim 17 Special requirements regarding claims for pension bonus 18 Additional provisions regarding claim for special employment advance 19 Special requirements regarding claims for essential medical equipment payment Subdivision E—Time limits for claims for pension bonus 20 Interpretation 21 General rule 22 Last bonus period a full‑year period 23 Last bonus period a part‑year period 24 Claim by exempt partnered person 25 Claim where membership has become non‑accruing 26 Claim where person has post‑75 work period Subdivision EA—Time limits for claims for pension bonus bereavement payment 26A General rule 26B Extension Subdivision EB—Time limits for claims for student start‑up loans 26C Time limit for claim Subdivision F—Time limit for claims for fares allowance 27 Time limit for claim Subdivision FAA—Time limit for claims for Disaster Recovery Allowance 27AA Time limit for claims for Disaster Recovery Allowance Subdivision FA—Time limit for claims for AGDRP 27A Time limit for claim Subdivision FB—Time limit for claims for AVTOP 27B Time limit for claims for AVTOP Subdivision G—Age requirement for certain claims 28 Claims for disability support pension Subdivision H—Residence requirements for claimants 29 General rule 30 Residence requirements for claimants for special benefit 30A Exclusion from section 29 residence requirement of crisis payment claimants holding certain visas 31 Exclusion of certain claims from requirements of section 29 31A Exclusion of certain claims by special category visa holders from section 29 residence requirement Subdivision I—Withdrawal of claim 33 Right to withdraw 34 Manner of withdrawal Subdivision J—Special provision for certain claims 35 Claims by persons in gaol etc. 35A Claims for advance pharmaceutical allowance 35B Secondary victim claims for AVTOP Division 2—Determination of claim 36 Obligation of Secretary to determine claim 37 Grant of claim 37AA Grant of claim—schooling requirements 37A Duration of certain health care cards 38 Refusal of claim for special employment advance 39 Deemed refusal of claim 40 Rejection of claim for failure to obtain foreign payment Division 2A—Employment pathway plans Subdivision A—Entry into employment pathway plans 40A Requirement to enter into employment pathway plans 40B Use of technological processes 40C Use of questionnaire 40D Employment pathway plans—plans developed by the Employment Secretary 40E Employment pathway plans—streamlined processes 40F Employment pathway plan matters 40G Employment pathway plans—examples of requirements Subdivision B—What employment pathway plans must not contain 40H Employment pathway plans not to contain requirements about undertaking unsuitable paid work 40J Employment pathway plans not to contain requirements to participate in an approved program of work 40K Employment pathway plans not to contain certain other requirements Subdivision C—Exemptions from employment pathway plan requirements 40L Circumstances making it unreasonable etc. to comply with requirements 40M Death of person's partner 40N Domestic violence 40P Caring responsibilities 40Q Pre‑natal and post‑natal relief 40R Persons engaged in work 40S Jobseeker payment rules only 40T Exceptional circumstances 40U General rules Subdivision D—Variation, cancellation and review of employment pathway plans 40V Variation, cancellation and review of employment pathway plans Subdivision E—Notification of circumstances preventing or affecting compliance with employment pathway plans 40W Notification of circumstances preventing or affecting compliance with employment pathway plans Division 2B—Circumstances in which paid work is unsuitable 40X Circumstances in which paid work is unsuitable Division 2C—Guidelines 40Y Guidelines Division 3—Commencement of social security payment 41 Commencement 42 Start day Division 3AA—Compliance with participation payment obligations: persons other than declared program participants Subdivision A—Introduction 42AA Simplified outline of this Division 42AB Division not to apply to declared program participants Subdivision B—Failures for which compliance action must be taken 42AC Mutual obligation failures 42AD Work refusal failures 42AE Unemployment failures Subdivision C—Compliance action that must be taken for particular failures 42AF Compliance action for mutual obligation failures 42AG Compliance action for work refusal failures 42AH Compliance action for unemployment failures 42AI Reasonable excuses—matters that must or must not be taken into account 42AJ Reasonable excuses for mutual obligation failures—prior notification required for certain failures 42AK Relationship between provisions of this Subdivision Subdivision D—Effect of taking particular compliance action 42AL Payment suspension periods for mutual obligation failures and work refusal failures 42AM Reconnection requirements for mutual obligation failures and work refusal failures 42AN Reducing instalments of participation payments for mutual obligation failures 42AO Unemployment preclusion periods for unemployment failures by persons claiming participation payments 42AP Cancelling participation payments Subdivision E—Miscellaneous 42AQ Persons for whom participation payments not payable taken to still be receiving payment for certain purposes 42AR Minister to make determinations for purposes of this Division 42AS Relationship with section 80 Division 3A—Compliance with participation payment obligations: declared program participants Subdivision A—Introduction 42A Simplified outline of this Division 42B Application of this Division only to declared program participants Subdivision B—No show no pay failures 42C No show no pay failures 42D Deducting the penalty amount Subdivision C—Connection and reconnection failures 42E Connection failures 42F Requiring a person to apply for job vacancies 42G Reconnection requirements 42H Reconnection failures 42J Further reconnection requirements 42K Notification requirements 42L Deduction of penalty amount Subdivision D—Serious failures 42M Serious failure for persistent non‑compliance 42N Serious failure for refusing or failing to accept an offer of paid work 42NA Comprehensive compliance assessment 42NC Determination about serious failure requirements and severe financial hardship 42P Consequences of serious failure 42Q Ending serious failure periods 42R Determining that participation payments payable Subdivision E—Unemployment resulting from a voluntary act or misconduct 42S Unemployment resulting from a voluntary act or misconduct Subdivision EA—Immediate non‑payment of participation payments for certain failures 42SA Immediate non‑payment of participation payments for certain failures Subdivision EB—Failures by certain recipients of parenting payments 42SB Suspension of payments for certain failures Subdivision EC—Non‑attendance failures 42SC Non‑attendance failures 42SD Deduction of penalty amount Subdivision F—General provisions 42T Legislative instrument determining method for working out penalty amount 42U Legislative instruments relating to reasonable excuse 42UA Prior notification of excuse 42V Deduction from any participation payment 42W Penalty amount not a debt 42X Payability 42Y Day of determination 42YA Relationship between Subdivisions of this Division 42Z Relationship with section 80 Division 4—Payment of social security payment 43 Payment by instalments 44 Payment of instalments to person or nominee 45 Payment of youth allowance—person under 18 and not independent 46 Payment of special employment advance 46A Payment of AGDRP 46B Payment of AVTOP 47 Payment of lump sum benefits 47A Payment of one‑off payment to the aged 47AB Payment of carer supplement 47AC Payment of one‑off energy assistance payment 47AD Payment of 2019 one‑off energy assistance payment 47AE Payment of first 2020 economic support payment 47AF Payment of second 2020 economic support payment 47AG Payment of additional economic support payment 2020 47AH Payment of additional economic support payment 2021 47AI Payment of 2022 cost of living payment 47B Payment of one‑off payments to carers 47C Payment of economic security strategy payments and training and learning bonuses 47CA Payment of activity supplement or farm financial assessment supplement 47CB Payment of FHA supplement or relief payment 47D Payment of clean energy advance 47DAA Payment of essential medical equipment payment 47DA Relocation scholarship payments 47DB Student start‑up loans 48 Payment of telephone allowance 48A Payment of utilities allowance 48B Payment of energy supplement 48C Payment of quarterly pension supplement 48D Payment of quarterly energy supplement 49 Timing of payment of fares allowance 50 To whom fares allowance is to be paid 50A Payment of child disability assistance 51 Advance in case of severe financial hardship 52 Payment of certain amounts outside Australia 53 Payment of instalments where pension received under other legislation 54 Rounding off instalments of social security payments 55 Payment into bank account etc. 56 Youth allowance—failure to nominate parent 57 Change of particular payday 58 Payment of social security payment after death 59 Payment of pension bonus or pension bonus bereavement payment after death Division 5—Protection of social security payments 60 Protection of social security payment 61 Deduction at request of recipient—payments to Commissioner of Taxation 61A Deduction at request of recipient—other payments 62 Effect of garnishee or attachment order Division 6—Requirement to provide information, undergo medical examination etc. Subdivision A—General 63 Requirement to attend Department etc. 63A Proof of life certificate 64 Effect of failing to comply with requirement to attend Department etc. 66 Notice to obtain foreign payment Subdivision B—Requirement to give information about change of circumstances etc. 66A General requirement to inform of a change of circumstances etc. 67 Person who has made a claim 68 Person receiving social security payment or holding concession card 69 Person who has received a social security payment or who has held a concession card 70 Care receiver in respect of whom carer payment being made 70AA Person who is subject to the enhanced income management regime etc. 70A Person who is subject to the income management regime etc. 72 Provisions relating to notice 73 Application of provisions 74 Offence—failure to comply with notice Subdivision C—Provision of tax file numbers 75 Requesting tax file numbers 76 How request for tax file number is satisfied 77 Consequences of not giving tax file number Division 7—Various determinations Subdivision A—Provisions relating to social security payments 78A When this Subdivision does not apply 78 Rate increase determination 79 Rate reduction determination 80 Cancellation or suspension determination 81 Cancellation or suspension for non‑compliance with certain notices 81A Rate reduction determination for non‑compliance with notice relating to rent assistance 82 Cancellation or suspension for failure to take action to obtain foreign payment 83 Changes to payments by computer 84 Automatic transfer by computer 85 Resumption of payment after cancellation or suspension—general 85AA Resumption of payment after cancellation or suspension—provision of proof of life certificate 85A Rate increase determination following rate reduction for non‑compliance with notice relating to rent assistance Subdivision B—Provisions relating to concession cards 86 Cancellation—person not qualified 87 Cancellation—non‑compliance with certain notices 88 Changes to qualification by computer 89 Resumption of qualification Division 8—Automatic cancellations and variations Subdivision A—Social security payments 90A When this Subdivision does not apply 90 Automatic cancellation—transfer to new payment type 91 Automatic cancellation of parenting payment on transfer to new payment type—member of couple 93 Automatic cancellation—recipient complying with subsection 68(2) notice 94 Automatic cancellation—recipient not complying with subsection 68(2) notice 95 Automatic cancellation—failure to provide statement under subsection 68(2) 95A Automatic cancellation of carer payment for non‑compliance with section 70 notice 95B Automatic suspension or cancellation—carer allowance 95C Social security payment—suspension instead of cancellation under section 93 or 94 95CA Carer payment—suspension instead of cancellation under section 93 or 94 95D Age pension—suspension instead of cancellation under section 93 or 94 96 Disability support pension—suspension instead of cancellation under section 93 97 Disability support pension—suspension taken to have been under section 96 97A Disability support pension—suspension instead of cancellation under section 94 (person obtains work) 97B Disability support pension—suspension instead of cancellation under section 94 (person's income) 97C Age pension, disability support pension and carer payment—suspension instead of cancellation under section 93 or 94 (partners) 98 Automatic rate reduction—partner starting to receive pension or benefit 99 Automatic rate reduction—recipient complying with subsection 68(2) notice 100 Automatic rate reduction—recipient not complying with subsection 68(2) notice 101 Automatic rate reduction—receipt of pension or veteran payment by person receiving parenting payment 103 Changes to payments by computer following automatic cancellation or reduction Subdivision B—Concession cards 104 Automatic cancellation—holder complying with subsection 68(4) notice 105 Automatic cancellation—holder not complying with subsection 68(4) notice 106 Changes by computer following automatic cancellation 106A Automatic cancellation on cessation of qualification Subdivision C—Additional provision for certain pensioner concession cards and automatic issue health care cards 106B Automatic cancellation Division 9—Date of effect of determinations Subdivision A—Determinations relating to claims 107 General rule Subdivision B—Determinations under section 78, 81A, 85, 85AA or 85A 108 Definition 109 Date of effect of favourable determination resulting from review 109A Date of effect of determination under section 78 resulting from review required by section 126A 110 Date of effect of favourable determination 110A Date of effect of favourable determinations resuming payment after suspensions relating to non‑compliance 111 Date of effect of section 78 determination resulting from indexation or adjustment 114 Date of effect of other favourable determinations 114A Date of effect of favourable determination—portability extensions Subdivision C—Determinations under section 89 115 Definition 116 Date of effect of favourable determination resulting from review—concession cards Subdivision D—Date of effect of adverse determinations relating to social security payments 117 Definition 118 Date of effect of adverse determinations—general rules 120 Additional rules in the case of carer payment Subdivision E—Date of effect of adverse determinations relating to concession cards 121 Definition 122 Date of effect of adverse determinations Division 10—Continuing effect of determinations 123 Continuing effect of determinations Division 11—Estimates and verification of maintenance income for Youth Allowance Rate Calculator 123AA Estimate of maintenance income for Youth Allowance Rate Calculator 123AB Verification of maintenance income for Youth Allowance Rate Calculator 123AC Annualised maintenance income free area 123AD Annual amount of estimated maintenance income Part 3A—Nominees Division 1—Preliminary 123A Definitions Division 2—Appointment of nominees 123B Appointment of payment nominee 123C Appointment of correspondence nominee 123D Provisions relating to appointments 123E Suspension and revocation of nominee appointments Division 3—Payments to payment nominee 123F Payment of instalments etc. to payment nominee Division 4—Functions and responsibilities of nominees 123G Definition 123H Actions of correspondence nominee on behalf of benefit recipient 123I Giving of notices to correspondence nominee 123J Compliance by correspondence nominee 123K Notification by nominee of matters affecting ability to act as nominee 123L Statement by payment nominee regarding disposal of money Division 5—Other matters 123M Protection of principal against liability for actions of nominee 123N Protection of nominee against criminal liability 123O Duty of nominee to principal 123P Saving of Secretary's powers of revocation 123Q Saving of Secretary's powers to give notices to principal 123R Notification of nominee where notice given to principal 123S Right of nominee to attend with principal Part 3AA—Enhanced income management regime Division 1—Introduction 123SA Simplified outline of this Part 123SB Definitions Division 2—Persons subject to the enhanced income management regime Subdivision A—Queensland Commission 123SC Persons subject to the enhanced income management regime—Queensland Commission Subdivision B—Child protection 123SCA Persons subject to the enhanced income management regime—child protection Subdivision C—School enrolment and attendance 123SCB Persons subject to the enhanced income management regime—school enrolment 123SCC Persons subject to the enhanced income management regime—school attendance 123SCD Eligible care child 123SCE Eligible care period 123SCF Declared primary school area and declared secondary school area 123SCG Applicable school period 123SCH Unsatisfactory school attendance situation 123SCI Formal warning—unsatisfactory school attendance situation Subdivision D—Referrals by recognised State/Territory authority 123SCJ Persons subject to the enhanced income management regime—referrals by recognised State/Territory authority 123SCK Recognised State/Territory authority Subdivision E—Vulnerable welfare payment recipients 123SCL Persons subject to the enhanced income management regime—vulnerable welfare payment recipients 123SCM Determination by Secretary—vulnerable welfare payment recipient Subdivision F—Disengaged youth and long‑term welfare payment recipients 123SD Persons subject to the enhanced income management regime—Northern Territory 123SDA Persons subject to the enhanced income management regime—persons residing in other areas 123SDB Exempt welfare payment recipient—inclusion in specified class 123SDC Exempt welfare payment recipient—person is not the principal carer of a child 123SDD Exempt welfare payment recipient—person is the principal carer of a child 123SDE Full‑time student 123SDF School age child Subdivision G—Volunteers 123SE Persons subject to the enhanced income management regime—volunteers 123SF Voluntary enhanced income management agreement 123SG Duration of voluntary enhanced income management agreement 123SH Termination of voluntary enhanced income management agreement Subdivision H—Relationship with other provisions 123SI Relationship with other provisions 123SIA Requests to transfer from the income management regime Division 3—Portioning of welfare payments Subdivision A—Persons subject to the enhanced income management regime—Queensland Commission 123SJ Category B welfare payment to be split into qualified and unqualified portions 123SK Payment of balance of qualified portion of category B welfare payment 123SL Recipient's use of funds from category B welfare payments Subdivision AA—Persons subject to the enhanced income management regime—child protection 123SLA Category B welfare payment to be split into qualified and unqualified portions 123SLB Payment of balance of qualified portion of category B welfare payment 123SLC Recipient's use of funds from category B welfare payments Subdivision AB—Persons subject to the enhanced income management regime—school enrolment and attendance 123SLD Category B welfare payment to be split into qualified and unqualified portions 123SLE Payment of balance of qualified portion of category B welfare payment 123SLF Recipient's use of funds from category B welfare payments Subdivision AC—Persons subject to the enhanced income management regime—referrals by recognised State/Territory authority 123SLG Category B welfare payment to be split into qualified and unqualified portions 123SLH Payment of balance of qualified portion of category B welfare payment 123SLI Recipient's use of funds from category B welfare payments Subdivision AD—Persons subject to the enhanced income management regime—vulnerable welfare payment recipients 123SLJ Relevant payment to be split into qualified and unqualified portions 123SLK Payment of balance of qualified portion of relevant payment 123SLL Recipient's use of funds from relevant payments Subdivision B—Persons subject to the enhanced income management regime—disengaged youth and long‑term welfare payment recipients 123SM Category D welfare payment to be split into qualified and unqualified portions 123SN Payment of balance of qualified portion of category D welfare payment 123SO Recipient's use of funds from category D welfare payments Subdivision C—Persons subject to the enhanced income management regime—volunteers 123SP Category B welfare payment to be split into qualified and unqualified portions 123SQ Payment of balance of qualified portion of category B welfare payment 123SR Recipient's use of funds from category B welfare payments Division 4—Information 123SS Disclosure of information to the Secretary—financial institution 123ST Disclosure of information—Queensland Commission 123STA Disclosure of information—child protection 123STB Disclosure of information—school enrolment and attendance 123STC Disclosure of information—referrals by recognised State/Territory authority Division 5—Other matters 123SU BasicsCard bank accounts 123SV Exceptions to Part IV of the Competition and Consumer Act 2010 123SVA Periodic estimates of cost of enhanced income management regime 123SW This Part has effect despite other provisions etc. Part 3B—Income management regime Division 1—Introduction 123TA Simplified outline 123TB Objects 123TC Definitions 123TF Declared child protection State or Territory 123TG Declared primary school area and declared secondary school area 123TGAA Recognised State/Territory authority 123TGAB Recognised State or Territory 123TGA Declared voluntary income management area 123TH Priority needs 123TI Excluded goods and excluded services 123TJ Pornographic material 123TK Eligible recipient Division 2—Persons subject to the income management regime Subdivision A—Situations in which a person is subject to the income management regime 123UA Persons subject to the income management regime 123UC Persons subject to the income management regime—child protection 123UCA Persons subject to the income management regime—vulnerable welfare payment recipients 123UCB Persons subject to the income management regime—disengaged youth 123UCC Persons subject to the income management regime—long‑term welfare payment recipients 123UD Persons subject to the income management regime—school enrolment 123UE Persons subject to the income management regime—school attendance 123UF Persons subject to the income management regime—Queensland Commission 123UFAA Persons subject to the income management regime—other State/Territory referrals 123UFA Persons subject to the income management regime—voluntary income management agreement Subdivision BA—Additional provisions relating to vulnerable welfare payment recipients 123UGA Vulnerable welfare payment recipients Subdivision BB—Additional provisions relating to disengaged youth and long‑term welfare payment recipients 123UGB Exempt welfare payment recipient—inclusion in specified class 123UGC Exempt welfare payment recipient—person is not the principal carer of a child 123UGD Exempt welfare payment recipient—person is the principal carer of a child 123UGF Full‑time student 123UGG School age child Subdivision C—Additional provisions relating to school enrolment and attendance 123UH Eligible care child 123UI Applicable school period 123UJ Eligible care period 123UK Unsatisfactory school attendance situation 123UL Formal warning—unsatisfactory school attendance situation Subdivision D—Voluntary income management agreements 123UM Voluntary income management agreement 123UN Duration of voluntary income management agreement 123UO Termination of voluntary income management agreement Subdivision E—Relationship with Part 3AA 123UP Payment of credit balances of income management account to BasicsCard bank account Division 3—Establishment of the Income Management Record 123VA Establishment of the Income Management Record 123VC Bank account Division 4—Income management accounts Subdivision A—Income management accounts 123WA Income management accounts 123WB Opening of income management accounts 123WC Closing of income management accounts 123WD Income management accounts may have a nil balance 123WE One income management account per person 123WF Credits to, and debits from, a person's income management account Subdivision B—Account statements 123WG Internet and telephone access to account statements etc. 123WH Person may request account statements 123WI Account statements to be given Subdivision C—Miscellaneous 123WJ Payment of credit balances of income management accounts—person ceases to be subject to the income management regime 123WJA Ceasing payment of credit balances of income management accounts—person becomes subject to the income management regime again 123WK Payment into bank account etc. of credit balances of income management accounts—person ceases to be subject to the income management regime 123WL Payment of credit balances of income management accounts—person dies 123WM Payment into bank account etc. of credit balances of income management accounts—person dies 123WN Crediting of amounts to income management accounts—Ministerial rules Division 5—Deductions from welfare payments Subdivision B—Child protection 123XI Deductions from category I welfare payments—instalments 123XJ Deductions from category I welfare payments—lump sums Subdivision BA—Vulnerable welfare payment recipients 123XJA Deductions from category I welfare payments—instalments 123XJB Deductions from category I welfare payments—lump sums Subdivision BB—Disengaged youth and long‑term welfare payment recipients 123XJC Deductions from category I welfare payments—instalments 123XJD Deductions from category I welfare payments—lump sums Subdivision C—School enrolment and attendance 123XK Deductions from category I welfare payments—instalments 123XL Deductions from category I welfare payments—lump sums Subdivision D—Queensland Commission 123XM Deductions from category Q welfare payments—instalments 123XN Deductions from category Q welfare payments—lump sums 123XO Deductions from category S welfare payments—instalments 123XP Deductions from category S welfare payments—lump sums Subdivision DAA—Other State/Territory referrals 123XPAA Deductions from category I welfare payments—instalments 123XPAB Deductions from category I welfare payments—lump sums Subdivision DA—Voluntary income management agreements 123XPA Deductions from category I welfare payments—instalments 123XPB Deductions from category I welfare payments—lump sums Subdivision DB—Economic support payments, economic security strategy payments, household stimulus payments and cost of living payments 123XPBA Deductions from 2020 economic support payments 123XPBB Deductions from additional economic support payments 123XPC Deductions from economic security strategy payments 123XPD Deductions from household stimulus payments 123XPE Deductions from 2022 cost of living payment Subdivision DC—Relocation scholarship payments 123XPG Deductions from relocation scholarship payments Subdivision DE—Clean energy income‑managed payments 123XPJ Deductions from clean energy income‑managed payments Subdivision DF—ETR income‑managed payments 123XPK Deductions from ETR income‑managed payments Subdivision E—Deducted amount taken to have been paid 123XQ Deducted amount taken to have been paid Division 6—Debits from income management accounts Subdivision A—General 123YA Priority needs—application of income management account 123YB Secretary must have regard to the best interests of children Subdivision B—Restricted debits 123YC Vouchers—general 123YD Vouchers—Part 3B payment nominee 123YE Stored value cards—general 123YF Stored value cards—Part 3B payment nominee 123YG Expense payment—general 123YH Expense payment—Part 3B payment nominee 123YI Crediting of account—general 123YJ Crediting of account—Part 3B payment nominee 123YK Transfers to accounts—general 123YL Transfers to accounts—Part 3B payment nominee 123YM Restricted direct payment—general 123YN Restricted direct payment—Part 3B payment nominee Subdivision C—Unrestricted debits 123YO Unrestricted direct payment—general 123YP Unrestricted direct payment—Part 3B payment nominee Subdivision D—Miscellaneous action 123YQ Miscellaneous action 123YR Credit of income management account in error Division 7—Information 123ZB Information‑gathering powers—school enrolment and attendance 123ZC Child protection—notice of cancellation of category H welfare payments 123ZD Queensland Commission—notice of cancellation of welfare payments 123ZDA Other State/Territory referrals—notice of cancellation of category H welfare payments 123ZE Disclosure of information to the Secretary—child protection 123ZEA Disclosure of information to the Secretary—Queensland Commission 123ZEAA Disclosure of information to the Secretary—other State/Territory referrals 123ZEB Disclosure of information to the Secretary—school enrolment and attendance Division 8—Debt recovery etc. 123ZF Person other than payee obtaining payment of a cheque 123ZG Misuse of vouchers and stored value cards 123ZH Repayment of money credited to an account 123ZI Breach of condition relating to crediting of account 123ZIA Balance of income management account falls below value of action taken under Division 6 123ZJ Value of action taken under Division 6 exceeds credit balance of income management account 123ZJA Action purportedly taken under Division 6 as a result of administrative error Division 9—Miscellaneous 123ZK Secretary must comply with certain directions given by the Queensland Commission 123ZL Surrender of unused vouchers and unused stored value cards 123ZM Vouchers 123ZN Appropriation 123ZNA Recording of amounts in accounts and records 123ZO This Part has effect despite other provisions etc. An Act to provide for the administration of the social security law, and for related purposes Part 1—Preliminary 1 Short title This Act may be cited as the Social Security (Administration) Act 1999. 2 Commencement (1) Subject to subsections (2) and (3), this Act commences on 20 March 2000. (2) This Part and section 257 commence on the day on which this Act receives the Royal Assent. (3) Section 54 commences on 1 July 2000. 2A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. 3 Interpretation (1) Unless a contrary intention appears, an expression that is defined in Schedule 1 has in this Act the meaning given in that Schedule. (2) Unless a contrary intention appears, an expression that is used in the 1991 Act has the same meaning, when used in this Act, as in the 1991 Act. (5) To the extent that a provision of this Act relates to a double orphan pension, a reference in the provision to a person includes a reference to an approved care organisation. (6) Unless a contrary intention appears, a reference in this Act (other than section 243) to this Act includes a reference to regulations made under section 243. 5 Manner of giving notice (1) If a provision of the social security law requires that a written notice be given to a person, it is sufficient compliance with that provision if the notice is given in a manner approved by the Secretary. (2) Nothing in subsection (1) prevents a notice being given in accordance with section 28A of the Acts Interpretation Act 1901. 6 Effect of certain determinations If the social security law provides that a determination takes effect on a day (the earlier day) before the day on which the determination is made, the social security law has effect as if the determination had taken effect on the earlier day. 6A Secretary may arrange for use of computer programs to make decisions (1) The Secretary may arrange for the use, under the Secretary's control, of computer programs for any purposes for which the Secretary or any other officer may make decisions under the social security law. Note: The definition of decision in the 1991 Act applies for the purposes of this section: see subsection 3(2) of this Act. That definition covers the doing of any act or thing. This means, for example, that the doing of things under subsection 202(1) or (2) of this Act are decisions for the purposes of this section. (2) A decision made by the operation of a computer program under an arrangement made under subsection (1) is taken to be a decision made by the Secretary. 6B Norfolk Island This Act extends to Norfolk Island. Part 2—General administration of social security law 7 General administration of social security law The Secretary is, subject to any direction of the Minister, to have the general administration of the social security law. 8 Principles of administration In administering the social security law, the Secretary is to have regard to: (a) the desirability of achieving the following results: (i) the ready availability to members of the public of advice and information services relating to income support generally and to the social security payments that are available; (ii) the ready availability of publications containing clear statements about income support entitlements and procedural requirements; (iii) the delivery of services under the law in a fair, courteous, prompt and cost‑efficient manner; (iv) the development of a process of monitoring and evaluating delivery of programs with an emphasis on the impact of programs on social security recipients; (v) the establishment of procedures to ensure that abuses of the social security system are minimised; and (b) the special needs of disadvantaged groups in the community; and (c) the need to be responsive to the interests of the Aboriginal and Torres Strait Islander communities and to cultural and linguistic diversity; and (d) the importance of the system of review of decisions under the social security law; and (e) the need to ensure that social security recipients have adequate information regarding the system of review of decisions under the social security law; and (f) the need to apply government policy in accordance with the law and with due regard to relevant decisions of the ART. 10 Agreement on administrative arrangements (2) The Secretary and the Employment Secretary may agree on administrative arrangements to further the objectives of Part 2.12 of the 1991 Act. (3) Administrative arrangements agreed on under subsection (2) may provide for officers of the Employment Department to perform functions or duties, or exercise powers, under Part 2.12 of the 1991 Act. Part 3—Provision of benefits Division 1—Claim for social security payment or concession card Subdivision A—Need for claim 11 General rule (1) Subject to subsections (2) and (3) and Subdivision B, a person who wants to be granted: (a) a social security payment; or (b) a concession card; must make a claim for the payment or card in accordance with this Division. (2) Subsection (1) does not apply to a concession card for which a person is qualified under Division 1 of Part 2A.1 of the 1991 Act or under Subdivision A of Division 3 of that Part. (3) Subsection (1) does not apply to a seniors health card that the Secretary must issue to a person under subsection 1061ZJA(3) or (4) of the 1991 Act. Subdivision B—Cases where claim not necessary 12 Deemed claim in certain cases (1) The Secretary may determine that, for the purposes of the social security law, a person is taken to have made a claim for an income support payment (the new payment), if: (a) the person became qualified for the new payment while receiving another income support payment; or (b) the person became qualified for the new payment immediately after ceasing to receive another income support payment. (2) The person is taken to have made the claim for the new payment on the day specified in the Secretary's determination. That day must not be earlier than: (a) the day that is 13 weeks before the day on which the Secretary's determination is made; or (b) if the person became qualified for the new payment after the day referred to in paragraph (a)—the day on which the person became qualified for the new payment. 12A One‑off payment to the aged A claim is not required for one‑off payment to the aged. 12AA One‑off payments to carers A claim is not required for the following: (a) one‑off payment to carers (carer allowance related); (b) one‑off payment to carers (carer payment related); (c) 2005 one‑off payment to carers (carer payment related); (d) 2005 one‑off payment to carers (carer service pension related); (e) 2005 one‑off payment to carers (carer allowance related); (f) 2006 one‑off payment to carers (carer payment related); (g) 2006 one‑off payment to carers (wife pension related); (h) 2006 one‑off payment to carers (partner service pension related); (i) 2006 one‑off payment to carers (carer service pension related); (j) 2006 one‑off payment to carers (carer allowance related); (k) 2007 one‑off payment to carers (carer payment related); (l) 2007 one‑off payment to carers (wife pension related); (m) 2007 one‑off payment to carers (partner service pension related); (n) 2007 one‑off payment to carers (carer service pension related); (o) 2007 one‑off payment to carers (carer allowance related); (p) 2008 one‑off payment to carers (carer payment related); (q) 2008 one‑off payment to carers (wife pension related); (r) 2008 one‑off payment to carers (partner service pension related); (s) 2008 one‑off payment to carers (carer service pension related); (t) 2008 one‑off payment to carers (carer allowance related). 12AB Economic security strategy payment and training and learning bonus A claim is not required for an economic security strategy payment or training and learning bonus. 12AC One‑off energy assistance payment A claim is not required for a one‑off energy assistance payment under Part 2.6 of the 1991 Act. 12AD 2019 one‑off energy assistance payment A claim is not required for a one‑off energy assistance payment under Part 2.6A of the 1991 Act. 12AE 2020 economic support payment A claim is not required for: (a) a first 2020 economic support payment under Division 1 of Part 2.6B of the 1991 Act; or (b) a second 2020 economic support payment under Division 2 of Part 2.6B of the 1991 Act. 12AF Additional economic support payments A claim is not required for: (a) an additional economic support payment 2020 under Division 1 of Part 2.6C of the 1991 Act; or (b) an additional economic support payment 2021 under Division 2 of Part 2.6C of the 1991 Act. 12AG Remote engagement program payment A claim is not required for a remote engagement program payment. 12AH 2022 cost of living payment A claim is not required for a 2022 cost of living payment under Division 1 of Part 2.6D of the 1991 Act. 12B Language, literacy and numeracy supplement A claim is not required for language, literacy and numeracy supplement. 12C Utilities allowance A claim is not required for utilities allowance. 12D Energy supplement A claim is not required for energy supplement under Part 2.25B of the 1991 Act. 12DA Quarterly pension supplement A claim is not required for quarterly pension supplement. 12DB Quarterly energy supplement A claim is not required for quarterly energy supplement. 12E Child disability assistance A claim is not required for child disability assistance. 12F Carer allowance A claim is not required for carer allowance if the person qualifies for the carer allowance under section 954B. 12G Carer supplement A claim is not required for carer supplement. 12H Relocation scholarship payment A claim is not required for a relocation scholarship payment. 12K Clean energy advance A claim is not required for a clean energy advance. 12L FHA supplement and relief payment A claim is not required for FHA supplement or relief payment. 13 Deemed claim—person contacting Department about a claim for a social security payment (1) For the purposes of the social security law, if: (a) the Department is contacted by or on behalf of a person in relation to a claim for a social security payment; and (aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and (b) the person is, on the day on which the Department is contacted, qualified for the social security payment; and (d) the person lodges a claim for the social security payment within 14 days after the Department is contacted; the person is taken to have made a claim for the social security payment on the day on which the Department was contacted. (2) For the purposes of the social security law, if: (a) the Department is contacted by or on behalf of a person in relation to a claim for a social security payment, other than crisis payment or special employment advance; and (aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and (b) the person is, on the day on which the Department is contacted, qualified for the social security payment; and (d) the person lodges a claim for the payment more than 14 days, but not more than 13 weeks, after the Department is contacted; and (e) the Secretary is satisfied that: (i) throughout the period starting on the day on which the Department was contacted and ending on the day on which the person lodged the claim, the person was suffering from a medical condition; and (ii) that medical condition, or circumstances related to that medical condition, had a significant adverse effect on the person's ability to lodge the claim earlier; the person is taken to have made a claim for the social security payment on the day on which the Department was contacted. (3) For the purposes of the social security law, if: (a) the Department is contacted by or on behalf of a person (the claimant) in relation to a claim for a social security payment, other than crisis payment or special employment advance; and (aa) the claimant is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and (b) the claimant is, on the day on which the Department is contacted, qualified for the social security payment; and (d) the claimant lodges a claim for the payment more than 14 days, but not more than 13 weeks, after the Department is contacted; and (e) the Secretary is satisfied that: (i) throughout the period starting on the day on which the Department was contacted and ending on the day on which the claimant lodged the claim, the claimant was caring for, or was the partner of, another person; and (ii) throughout that period, the other person suffered from a medical condition; and (iii) the medical condition, or circumstances related to the medical condition, from which the other person was suffering had a significant adverse effect on the claimant's ability to lodge the claim earlier; the claimant is taken to have made a claim for the social security payment on the day on which the Department was contacted. (3A) For the purposes of the social security law, if: (a) the Department is contacted by or on behalf of a person in relation to a claim for a social security payment; and (aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and (b) the person is, on the day on which the Department is contacted, qualified for the social security payment; and (d) the person lodges a claim for the social security payment more than 14 days, but not more than 13 weeks, after the Department is contacted; and (e) the Secretary is satisfied that, in the special circumstances of the case, it was not reasonably practicable for the person to lodge the claim earlier; the person is taken to have made a claim for the social security payment on the day on which the Department was contacted. (4) A reference in this section to the Department being contacted includes a reference to the Department being contacted by post or telephone or by the transmission of a message by the use of fax, computer equipment or other electronic means. (5) This section has effect subject to section 18. 14 Deemed claim—person contacting Department about a claim for a concession card (1) For the purposes of the social security law, if: (a) the Department is contacted by or on behalf of a person in relation to a claim for a concession card; and (aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and (b) the person is, on the day on which the Department is contacted, qualified for the concession card; and (d) the person lodges a claim for the concession card within 14 days after he or she contacts the Department; the person is taken to have made a claim for the concession card on the day on which the Department was contacted. (2) For the purposes of the social security law, if: (a) the Department is contacted by or on behalf of a person in relation to a claim for a concession card; and (aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and (b) the person is, on the day on which the Department is contacted, qualified for the concession card; and (d) the person lodges a claim for the concession card more than 14 days, but not more than 13 weeks, after the Department is contacted; and (e) the Secretary is satisfied that: (i) throughout the period starting on the day on which the Department was contacted and ending on the day on which the person lodged the claim, the person was suffering from a medical condition; and (ii) that medical condition, or circumstances related to that medical condition, had a significant adverse effect on the person's ability to lodge the claim earlier; the person is taken to have made a claim for the concession card on the day on which the Department was contacted. (3) For the purposes of the social security law, if: (a) the Department is contacted by or on behalf of a person (the claimant) in relation to a claim for a concession card; and (aa) the claimant is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and (b) the claimant is, on the day on which the Department is contacted, qualified for the concession card; and (d) the claimant lodges a claim for the concession card more than 14 days, but not more than 13 weeks, after the Department is contacted; and (e) the Secretary is satisfied that: (i) throughout the period starting on the day on which the Department was contacted and ending on the day on which the claimant lodged the claim, the claimant was caring for, or was the partner of, another person; and (ii) throughout that period, the other person suffered from a medical condition; and (iii) the medical condition, or circumstances related to the medical condition, from which the other person was suffering had a significant adverse effect on the claimant's ability to lodge the claim earlier; the claimant is taken to have made a claim for the concession card on the day on which the Department was contacted. (3A) For the purposes of the social security law, if: (a) the Department is contacted by or on behalf of a person in relation to a claim for a concession card; and (aa) the person is, on the day on which the Department is contacted, included in a class of persons determined in an instrument under section 14A; and (b) the person is, on the day on which the Department is contacted, qualified for the concession card; and (d) the person lodges a claim for the concession card more than 14 days, but not more than 13 weeks, after the Department is contacted; and (e) the Secretary is satisfied that, in the special circumstances of the case, it was not reasonably practicable for the person to lodge the claim earlier; the person is taken to have made a claim for the concession card on the day on which the Department was contacted. (4) A reference in this section to the Department being contacted includes a reference to the Department being contacted by post or telephone or by the transmission of a message by the use of fax, computer equipment or other electronic means. 14A Determination for purposes of sections 13 and 14 The Minister may, by legislative instrument, determine a class of persons for the purposes of paragraphs 13(1)(aa), (2)(aa), (3)(aa) and (3A)(aa) and 14(1)(aa), (2)(aa), (3)(aa) and (3A)(aa). 15 Deemed claim—incorrect or inappropriate claims (1) For the purposes of the social security law, if: (a) a person makes an incorrect claim; and (b) the person subsequently makes a claim for a social security payment for which the person is qualified; and (c) the Secretary is satisfied that it is reasonable that this subsection be applied; the person is taken to have made a claim for that social security payment on the day on which he or she made the incorrect claim. (2) For the purposes of this section, a claim made by a person is an incorrect claim if: (a) the claim is for a social security payment, other than a supplementary payment; and (b) when the claim was made, the person was not qualified for the payment claimed but was qualified for another social security payment, other than a supplementary payment. (3) For the purposes of this section, a claim made by a person is an incorrect claim if: (a) the claim is for a supplementary payment; and (b) when the claim was made, the person was not qualified for the payment claimed but was qualified for another supplementary payment. (4) For the purposes of the social security law, if: (a) a person makes a claim for a pension, allowance, benefit or other payment under a law of the Commonwealth, other than this Act or the 1991 Act, or under a program administered by the Commonwealth, that is similar in character to a social security payment, other than a supplementary payment (the initial claim); and (b) when the claim was made, the person was qualified for a social security payment, other than a supplementary payment; and (c) the person subsequently makes a claim for the social security payment referred to in paragraph (b) (the later claim); and (d) the Secretary is satisfied that it is reasonable that this subsection be applied; the person is taken to have made the later claim on the day on which the initial claim was made. (4A) For the purposes of the social security law, if: (a) a person makes a claim for an income support payment (the initial claim); and (b) on the day on which the initial claim is made, the person is qualified for another income support payment (the other income support payment); and (c) the person subsequently makes a claim for the other income support payment (the later claim); and (d) the Secretary is satisfied that it is reasonable that this subsection be applied; the person is taken to have made the later claim on the day on which the initial claim was made. (4B) For the purposes of the social security law, if: (a) a person makes a claim for a supplementary payment (the initial claim); and (b) on the day on which the initial claim is made, the person is qualified for another supplementary payment (the other supplementary payment); and (c) the person subsequently makes a claim for the other supplementary payment (the later claim); and (d) the Secretary is satisfied that it is reasonable that this subsection be applied; the person is taken to have made the later claim on the day on which the initial claim was made. (5) In this section: supplementary payment means: (a) carer allowance; or (b) double orphan pension; or (c) education entry payment; or (i) mobility allowance; or (j) pensioner education supplement. 15A Deemed claim—certain claims for carer allowance Claim for carer payment rejected (1) For the purposes of the social security law, if: (a) on or after 1 July 2009, a person (the carer) makes a claim for a carer payment for caring for a person because the carer is qualified for the payment other than under paragraph 198(2)(d); and (b) the Secretary makes a determination rejecting the claim; and (c) within 28 days of being notified of the determination, the carer makes a claim for carer allowance for caring for the person; and (d) the carer is qualified under section 953 of the 1991 Act for carer allowance for the person; and (e) the Secretary is satisfied that it is reasonable that this section be applied; the carer is taken to have made a claim for carer allowance on the day on which the carer made the claim for a carer payment. Carer payment suspended or cancelled (2) For the purposes of the social security law, if: (a) on or after 1 July 2009, a person (the carer) is receiving the carer payment for caring for one or more persons because the carer is qualified for the payment other than under paragraph 198(2)(d); and (b) the Secretary makes a determination cancelling or suspending the carer's carer payment; and (c) within 28 days of being notified of the determination, the carer makes a claim for carer allowance for caring for the person; and (d) the carer is qualified under section 953 of the 1991 Act for carer allowance for the person; and (e) the Secretary is satisfied that it is reasonable that this section be applied; the carer is taken to have made a claim for carer allowance on the day after the day on which the cancellation or suspension took effect. Subdivision C—Manner of making a claim 16 How to make a claim (1) A person makes a claim for a social security payment or a concession card: (a) by lodging a written claim for the payment or card; or (b) by making the claim in accordance with subsection (7). (2) A written claim for the purpose of subsection (1) for one social security payment or for a concession card must be in accordance with a form approved by the Secretary. (3) Two or more written claims by the same person may be combined in one claim. Such a claim must be made in accordance with a form approved by the Secretary for the purposes of this subsection. (4) A written claim is lodged by being delivered: (a) to a person apparently performing duties at a place approved for the purpose by the Secretary; or (b) to a person approved for the purpose by the Secretary; or (c) in a manner, and to a place, approved for the purpose by the Secretary. (5) Subject to subsection (6), a place or person approved for the purposes of subsection (4) must be a place or person in Australia. (6) The Secretary may approve a place or person outside Australia for the purposes of subsection (4) for the lodgment of: (a) claims made under a scheduled international social security agreement; or (b) claims for AGDRP in relation to a major disaster that occurred outside Australia; or (c) claims for AVTOP. (7) A person may make a claim in a manner approved by the Secretary for the purposes of this subsection. (8) The power of the Secretary to make an approval under subsection (7) is not limited by any other provision of this section. 17 Special requirements regarding claims for pension bonus (1) A claim for pension bonus must be: (a) attached to a proper claim made by the person for age pension and lodged together with that claim for age pension; or (b) made in accordance with an invitation under subsection (3); or (c) the subject of a determination under subsection (5). (2) A claim for pension bonus may be made even though it is not certain whether the person will start to receive an age pension at or after the time when the person makes the claim. The claim has effect as a claim that is contingent on the person receiving an age pension. (3) If: (a) a person makes a claim for an age pension; and (b) the claim is in accordance with a form that does not require the claimant to disclose whether the claimant is registered as a member of: (i) the pension bonus scheme; or (ii) the corresponding scheme under Part IIIAB of the Veterans' Entitlements Act; and (c) the person is, to the knowledge of the Secretary, registered as a member of the pension bonus scheme; and (d) a claim by the person for pension bonus is not attached to the claim for age pension; the Secretary must give the claimant a written notice inviting the claimant to lodge a claim for pension bonus: (e) within such period after the lodgment of the claim for age pension as is specified in the notice; and (f) at such place as in specified in the notice. (4) If a claim for pension bonus is made in accordance with an invitation under subsection (3), the person is taken to have claimed the pension bonus at the same time as the person claimed age pension. (5) If: (a) a person who is a registered member of the pension bonus scheme lodges a claim for age pension; and (b) a claim for pension bonus for the person is lodged after the claim for age pension; and (c) the Secretary is satisfied that, having regard to guidelines (if any) made under subsection (6), special circumstances apply in relation to the lodgment of the claim for pension bonus; the Secretary may determine that the claim for the pension bonus is taken to have been made at the time the person claimed age pension. (6) The Secretary may, by legislative instrument, make guidelines for the purposes of subsection (5). 18 Additional provisions regarding claim for special employment advance (1) A claim for special employment advance must specify the amount of special employment advance sought. (2) Subject to subsection (3), if a claim based on the effect of the unreceived income on the claimant's special employment advance qualifying entitlement is lodged before the first day for which the entitlement is not payable or is reduced as a result of the claimant, or the claimant's partner, having earned the income, the claim is taken to have been made on that day. (3) If: (a) the claimant's special employment advance qualifying entitlement referred to in subsection (2) is an entitlement in respect of which the Secretary has determined that this subsection applies; and (b) the claim is lodged before the day referred to in subsection (2); the Secretary may treat the claim as having been made on a day earlier than the day referred to in subsection (2) that the Secretary considers appropriate having regard to the kind of entitlement concerned. (4) A claim based on the need for financial assistance from the Commonwealth to take up offered employment must set out: (a) particulars (including the duration) of the employment; and (b) the way in which the financial assistance is to be expended to enable the claimant to take up the employment. 19 Special requirements regarding claims for essential medical equipment payment (1) A claim for an essential medical equipment payment must include a statement by the person making the claim that the medical equipment to which the claim relates is used in the relevant EMEP residence. (2) If: (a) a person who provides care and attention for a person with medical needs makes a claim for an essential medical equipment payment; and (b) the person with medical needs is not a dependent child of that or any other person; the claim must be signed by the person with medical needs. Subdivision E—Time limits for claims for pension bonus 20 Interpretation An expression used in this Subdivision has the same meaning as it has in Part 2.2A of the 1991 Act. 21 General rule (1) A claim for pension bonus must be made within the lodgment period fixed by this Subdivision. (2) However, the Secretary may in special circumstances allow a person a longer period to make a claim than the period fixed by this Subdivision. If the Secretary does so, the lodgment period for the person's claim is the period allowed by the Secretary. (3) Subsection (2) does not apply in relation to a claim for which the lodgment period is fixed by subsection 23(1). 22 Last bonus period a full‑year period (1) If a person's last bonus period is a full‑year period, the lodgment period for a claim by the person for pension bonus is the period of 13 weeks immediately following that bonus period. However, this rule does not apply if: (a) t