Social Security Act 1964

Other conditions of benefits

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

70A Rates of benefits for sole parents may be reduced

(1)

This section applies to any beneficiary—

(a)

who is a sole parent; and

(b)

who is in receipt of one of the following benefits:

(i)

sole parent support under section 20D; or

(ii)
[Repealed]

(iii)

a supported living payment on the ground of sickness, injury, disability, or total blindness, under section 40B; or

(iiia)
[Repealed]

(iv)
[Repealed]

(v)

jobseeker support, except where granted under section 88C(2) or (3); or

(va)

a young parent payment; or

(vi)

an emergency benefit granted, on an application made after 31 July 1991, under section 61; and

(c)

who, in respect of any dependent child in the care of the beneficiary, fails or refuses—

(i)

to identify who is in law the other parent of that child; or

(ii)

to make an application for formula assessment of child support, when required to do so by section 9 of the Child Support Act 1991; or

(iii)

to attend and give in evidence all information that is required of the beneficiary during a hearing of a proceeding under the Child Support Act 1991, as required under section 122 of that Act.

(2)

The rate of benefit payable to any beneficiary to whom this section applies shall be reduced in respect of each dependent child in the care of the beneficiary—

(a)

whose other parent has not been identified in law; or

(b)

whose other parent has not been named in an application for formula assessment of child support under the Child Support Act 1991 as a liable parent from whom child support is sought; or

(c)

whose other parent the beneficiary has failed or refused to testify against as required under section 122 of the Child Support Act 1991,—

by an amount equal to $22.

(3)

Subsection (2) shall not apply if the chief executive is satisfied that—

(a)

there is insufficient evidence available to establish who is in law the other parent; or

(b)

the beneficiary is taking active steps to identify who is in law the other parent; or

(ba)

the beneficiary or any of the beneficiary’s children would be at risk of violence if the beneficiary carried out or took steps to carry out any of the actions referred to in subparagraphs (i) to (iii) of subsection (1)(c); or

(bb)

there is a compelling circumstance, other than a circumstance mentioned elsewhere in this subsection, for the beneficiary’s failure or refusal to carry out any of the actions set out in subparagraphs (i) to (iii) of subsection (1)(c), and, even if the beneficiary carried out the action, there is no real likelihood of child support being collected in the foreseeable future from the other parent, or, as the case may be, the other parent’s estate; or

(c)

the child was conceived as a result of incest or sexual violation.

(4)

A reduction of the rate of benefit under subsection (2) in respect of a dependent child in the care of the beneficiary ceases to apply to a beneficiary who subsequently carries out the action referred to in subparagraph (i), (ii), or (iii) of subsection (1)(c) that the beneficiary failed or refused to carry out in respect of that child.

(5)

If a beneficiary’s rate of benefit has been reduced under subsection (2), it must be reduced by a further $6 if the circumstances in subsection (6) exist.

(6)

The circumstances are that—

(a)

a period of not less than 13 weeks has elapsed after the date on which the beneficiary’s rate of benefit was reduced under subsection (2); and

(b)

during the period referred to in paragraph (a), the chief executive has given the beneficiary a reasonable opportunity to reconsider his or her decision not to carry out the action referred to in subparagraphs (i) to (iii) of subsection (1)(c) that led to that reduction.

(7)

A further reduction made under subsection (5) to a beneficiary’s rate of benefit must not exceed $6, regardless of the number of the beneficiary’s dependent children to whom subsection (1)(c) applies.

(8)

A reduction of the rate of benefit under subsection (5) ceases to apply where the rate of benefit has ceased to be reduced under subsection (2).

(9)

For the purposes of this section—

violence has the same meaning as in section 3 of the Domestic Violence Act 1995.

Section 70A: replaced, on 1 July 1992, by section 9(1) of the Social Security Amendment Act (No 5) 1991 (1991 No 143).

Section 70A(1)(b)(i): replaced, on 15 July 2013, by section 74 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 70A(1)(b)(ii): repealed, on 15 July 2013, by section 74 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 70A(1)(b)(iii): replaced, on 15 July 2013, by section 90 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 70A(1)(b)(iiia): repealed, on 15 April 2005, by section 7(1) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 70A(1)(b)(iv): repealed, on 15 July 2013, by section 104 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 70A(1)(b)(v): replaced, on 1 March 2016, by section 70 of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).

Section 70A(1)(b)(va): replaced, on 20 August 2012, by section 28(1) of the Social Security (Youth Support and Work Focus) Amendment Act 2012 (2012 No 50).

Section 70A(1)(c): replaced, on 15 April 2005, by section 7(2) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 70A(2): amended, on 1 October 1993, by section 92(5) of the Income Tax Amendment Act (No 3) 1993 (1993 No 130).

Section 70A(3): amended, on 1 October 1998, by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Section 70A(3)(ba): inserted, on 1 July 2005, by section 7(3) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 70A(3)(bb): inserted, on 1 July 2005, by section 7(3) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 70A(4): replaced, on 15 April 2005, by section 7(4) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 70A(5): inserted, on 15 April 2005, by section 7(4) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 70A(6): inserted, on 15 April 2005, by section 7(4) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 70A(7): inserted, on 15 April 2005, by section 7(4) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 70A(8): inserted, on 15 April 2005, by section 7(4) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).

Section 70A(9): inserted, on 15 April 2005, by section 7(4) of the Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).