Social Security Act 1964

  • not the latest version
  • This version was replaced on 8 February 2017 to make corrections to sections 3(1), 11, 11A(4), 61CF(2)(e), 61EA(2), 71A(4), 72(b), 74(1)(d), 86(2), 104A, 120(3), and Schedules 4, 18, 27, and 28 under section 25(1)(f), (i), (j)(ii), (iii), (iv), and (k) of the Legislation Act 2012.

Welfare programmes and other money payable

Heading: inserted, on 15 July 2013, by section 62 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

124 Money payable out of Crown Bank Account

(1)

There shall from time to time be paid out of a Crown Bank Account, from money appropriated by Parliament for the purpose,—

(a)

all money required to be expended in providing benefits and making other payments under this Act:

(aa)
[Repealed]

(b)

all other expenditure incurred in the administration of this Act:

(c)

any money that may be appropriated by Parliament for educational or research purposes in relation to public health or income support or employment:

(d)

any money that may be appropriated by Parliament for the purpose of granting special assistance under any welfare programme established and approved by the Minister under the authority of, and for the purposes of, this paragraph:

(da)
[Repealed]

(dd)
[Repealed]

(e)

all other money that may be appropriated by Parliament for the purposes of this Act, or that may be appropriated for any purpose incidental or related to the purposes of this Act.

(1A)

Every welfare programme approved by the Minister under subsection (1)(d)—

(a)

shall be administered by the chief executive:

(b)

may provide for any specified provision of this Act to apply to and in respect of—

(i)

the programme; and

(ii)

any applicant for assistance under the programme; and

(iii)

any other specified class or classes of person—

as if the special assistance authorised by the programme were a benefit under this Act.

(1B)

As soon as practicable after approving a welfare programme pursuant to subsection (1)(d), the Minister must publish in the Gazette and lay before the House of Representatives a copy of the programme.

(1BA)

This subsection applies to an applicant for special assistance under a welfare programme approved by the Minister under subsection (1)(d) if—

(a)

any special assistance under the programme relates to the supply of any goods or services to the applicant or a member of the applicant’s family; and

(b)

the goods or services are of a class, description, or kind supplied by a preferred supplier (being a preferred supplier to, or in respect of, the area in which the applicant resides) under a contract entered into with the chief executive under section 125AA.

(1BB)

If subsection (1BA) applies to an applicant for special assistance under a welfare programme approved by the Minister under subsection (1)(d), the applicant must purchase the goods or services from a preferred supplier nominated by the chief executive at the price determined by the contract under section 125AA with that supplier, and—

(a)

the amount of the special assistance granted under subsection (1)(d) for purchasing those goods or services is the lesser of—

(i)

the price so determined; and

(ii)

the maximum amount for purchasing those goods or services available under the welfare programme concerned; and

(b)

the chief executive must pay that special assistance to that supplier in consideration of the supply of the goods or services to the applicant or the applicant’s family member.

(1BBA)

A nomination under subsection (1BB) of a preferred supplier—

(a)

may be given orally or in writing (but, if given orally, must as soon as practicable be confirmed in writing); and

(b)

may from time to time be amended, revoked, or revoked and replaced by the chief executive, to recognise changes in preferred suppliers or preferred supply contracts ending without also being replaced.

(1BC)

No appeal under this Act lies against any chief executive’s decision under subsection (1BB)(b).

(1BD)

Subsections (1BA) to (1BC) are subject to (preferred supplier transitional provisions) directions under section 125AA(5).

(1C)

There must from time to time be paid out of a Crown Bank Account, without further appropriation than this subsection, all money necessary for granting special assistance under section 61CF.

(2)

This subsection applies to a payment made to a person out of a Crown Bank Account by way of special assistance pursuant to subsection (1)(d) or subsection (1C) if—

(a)

either—

(i)

it was obtained by fraud; or

(ii)

the spouse or partner of the person made a false statement to or otherwise misled an officer engaged in the administration of this Act, in relation to his or her income or other personal circumstances; and

(b)

as a result, it exceeded the amount (if any) that, in the chief executive’s opinion, would otherwise have been paid.

(2A)

Sections 81, 86, and 86AA, as far as they are applicable and with any necessary modifications, apply to a payment to which subsection (2) applies—

(a)

as if it were made by way of benefit under Parts 1A to 1P; and

(b)

as if the person to whom it was made were a beneficiary entitled to a benefit of the amount (if any) that, in the chief executive’s opinion, would have been payable if (as the case may be)—

(i)

the fraud had not occurred; or

(ii)

the false statement had not been made; or

(iii)

the officer had not been misled.

(3)

[Repealed]

(4)

[Repealed]

Compare: 1938 No 7 s 106; 1957 No 93 s 5(3); 1958 No 46 s 28(2); 1963 No 46 s 24

Section 124 heading: amended (with effect on 1 July 1989), on 26 July 1989, pursuant to section 83(7) of the Public Finance Act 1989 (1989 No 44).

Section 124(1): amended, on 25 January 2005, pursuant to section 83(7) of the Public Finance Act 1989 (1989 No 44).

Section 124(1)(a): amended, on 1 April 2005, by section 16(1) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Section 124(1)(aa): repealed, on 1 October 1986, by section 17(1)(e) of the Social Security Amendment Act 1986 (1986 No 39).

Section 124(1)(b): replaced, on 1 April 1972, by section 18(3) of the Department of Social Welfare Act 1971 (1971 No 60).

Section 124(1)(c): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 124(1)(d): replaced, on 17 September 1997, by section 24(1) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 124(1)(d): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 124(1)(da): repealed, on 15 April 2005, by section 14 of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 124(1)(dd): repealed on 5 November 1976, by section 28(3)(a) of the Disabled Persons Community Welfare Act 1975 (1975 No 122).

Section 124(1A): inserted, on 30 June 1993, by section 28(1) of the Social Security Amendment Act (No 3) 1993 (1993 No 57).

Section 124(1A): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 124(1A)(a): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 124(1A)(b): amended, on 1 April 2005, by section 16(2) of the Social Security (Working for Families) Amendment Act 2004 (2004 No 51).

Section 124(1B): inserted, on 17 September 1997, by section 24(2) of the Social Security Amendment Act (No 4) 1997 (1997 No 63).

Section 124(1BA): inserted, on 17 April 2013, by section 53 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 124(1BB): inserted, on 17 April 2013, by section 53 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 124(1BBA): inserted, on 17 April 2013, by section 53 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 124(1BC): inserted, on 17 April 2013, by section 53 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 124(1BD): inserted, on 17 April 2013, by section 53 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 124(1C): inserted, on 19 December 2006, by section 6 of the Social Security Amendment Act 2006 (2006 No 90).

Section 124(2): replaced, on 19 December 2006, by section 6 of the Social Security Amendment Act 2006 (2006 No 90).

Section 124(2)(a)(ii): amended, on 15 July 2013, by section 137 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 124(2A): inserted, on 19 December 2006, by section 6 of the Social Security Amendment Act 2006 (2006 No 90).

Section 124(2A): amended, on 7 July 2014, by section 12 of the Social Security (Fraud Measures and Debt Recovery) Amendment Act 2014 (2014 No 21).

Section 124(2A)(a): amended, on 15 July 2013, by section 137 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 124(3): repealed, on 1 November 1976, by section 34(3) of the Social Security Amendment Act 1976 (1976 No 40).

Section 124(4): repealed, on 5 November 1976, by section 28(3)(a) of the Disabled Persons Community Welfare Act 1975 (1975 No 122).