Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 729

             (1)  A person is qualified for a special benefit for a period if the Secretary determines, in accordance with subsection (2), that a special benefit should be granted to the person for the period.

Note:          special benefit is a discretionary benefit and is available only to a person who is not able to get any other income support payment (see paragraphs (2)(a) and (b) below).

             (2)  The Secretary may, in his or her discretion, determine that a special benefit should be granted to a person for a period if:

                     (a)  no social security pension is payable to the person during the period; and

                     (b)  no other social security benefit is payable to the person for the period; and

                   (bb)  the person is not disqualified for a benefit PP (partnered) for the period solely because of the operation of section 500C (unemployment due to industrial action); and

                   (bc)  the person is not disqualified from parenting payment for the period solely because of a failure to meet the requirement of paragraph 500(1)(c) or (1)(ca) or 500F(1)(f) or (2)(f) (participation requirements); and

                   (bd)  if the person is qualified for parenting payment but the payment is not payable to the person for the period--that result is not produced because of the operation of subsection 42P(1) (serious failures) or 42S(1) (unemployment non-payment periods) of the Administration Act; and

                     (c)  the person is not disqualified for a newstart allowance for the period because of the operation of section 596; and

                     (d)  if the person is qualified for a newstart allowance but the allowance is not payable to the person for the period--that result is not produced because of the operation of one or more of the following:

                              (i)  subsection 42P(1) of the Administration Act (serious failures);

                             (ii)  subsection 42S(1) of the Administration Act (unemployment non-payment periods);

                            (iii)  section 631 of this Act (person failing to comply with notification requirement);

                            (iv)  section 633 of this Act (seasonal workers);

                             (v)  section 634 of this Act (move to area of lower employment prospects); and

                   (da)  the person is not disqualified for a youth allowance for the period because of the operation of:

                              (i)  section 541A (failure to satisfy the activity test); or

                             (ii)  section 544 (requirements relating to Youth Allowance Employment Pathway Plans); and

                   (db)  the person is not disqualified for an austudy payment for the period because the person fails to satisfy the activity test within the meaning of section 569; and

                   (dc)  youth allowance is not payable to the person for the period and that result is not because of the operation of:

                              (i)  section 550B (youth allowance participation failure); or

                            (ia)  section 551 (repeated failure); or

                             (ii)  section 553B (move to an area of lower employment prospects); or

                            (iii)  subsection 42P(1) (serious failures) or 42S(1) (unemployment non-payment periods) or section 81 of the Administration Act; and

                   (dd)  austudy payment is not payable to the person for the period and that result is not because of the operation of:

                              (i)  section 576A (austudy participation failure); or

                            (ia)  section 577 (repeated failure); or

                             (ii)  section 81 of the Administration Act; and

                     (e)  the Secretary is satisfied that the person is unable to earn a sufficient livelihood for the person and the person's dependants (if any) because of age, physical or mental disability or domestic circumstances or for any other reason; and

                      (f)  the person:

                              (i)  is an Australian resident; or

                             (v)  is the holder of a visa that is in a class of visas determined by the Minister for the purposes of this subparagraph; and

                     (g)  if the person is:

                              (i)  the holder of a visa included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to which this subparagraph applies; and

                             (ii)  a person to whom subsection (2A) applies;

                            the person meets the additional criteria set out in paragraph (2B); and

                     (h)  an assurance of support does not apply to the person at any time during the period (see subsection (2C)).

Note 1:       for Australian resident see subsection 7(2).

          (2A)  For the purposes of paragraph (2)(g), the holder of a visa included in a class of visas that is issued for temporary protection, humanitarian, or safe haven purposes and that is determined by the Minister to be a class of visas to which subparagraph (2)(g)(i) applies is a person to whom that first-mentioned paragraph applies only if:

                     (a)  the person would not qualify for disability support pension under section 94 or 95 if the person were an Australian resident; and

                     (b)  the person has attained the minimum age for youth allowance as determined in accordance with subsection 543A(1) but has not attained pension age; and

                     (c)  the person:

                              (i)  claims, or has claimed, special benefit on or after 1 January 2003 that is not continuous with any previous grant of special benefit; or

                             (ii)  if the person had not attained the minimum age for youth allowance as defined by subsection 543A(1) before 1 January 2003--is receiving special benefit granted before, or continuous with special benefit granted before, that date.

          (2B)  A person referred to in paragraph (2)(g) is qualified for special benefit in respect of a period only if, in addition to meeting any relevant requirement in paragraphs (2)(a) to (f):

                     (a)  throughout the period, and for each period within the period, the person either:

                              (i)  satisfies the activity test set out in section 731A; or

                             (ii)  is not required to satisfy the activity test; and

                     (b)  at all times (if any) during the period when a Special Benefit Employment Pathway Plan is not in force in relation to the person, the person is prepared to enter into such a plan; and

                     (c)  at all times during the period when a Special Benefit Employment Pathway Plan is in force in relation to the person, the person is prepared to enter into another such plan instead of the existing plan; and

                     (d)  if the person is required by the Secretary to enter into a Special Benefit Employment Pathway Plan in relation to the period or a part of the period, the person enters into that plan; and

                     (e)  while a Special Benefit Employment Pathway Plan is in force in relation to the person, the person satisfies the Secretary that the person is complying with the requirements in the plan.

          (2C)  For the purposes of paragraph (2)(h), an assurance of support applies to a person at a particular time if:

                     (a)  an assurance of support is in force in respect of the person (the assuree ) at that time; and

                     (b)  the person who gave the assurance was willing and able to provide an adequate level of support to the assuree; and

                     (c)  it was reasonable for the assuree to accept that support.

Note:          For assurance of support see subsection 23(1).

          (2D)  For the avoidance of doubt, if, at any time during the period for which special benefit is granted to a person, the person's circumstances change such that, if the person were to be making a claim for special benefit on the basis of the changed circumstances, the person would not be qualified for special benefit, special benefit ceases to be payable.

             (3)  The Secretary is not to determine that a special benefit should be granted to a person for a period if the Secretary is satisfied that the benefit is not payable to the person for that period.

             (4)  For the purposes of paragraph (2)(d), a newstart allowance is to be taken to be not payable to a person for a period because of the operation of a provision if:

                     (a)  the person has claimed the allowance for the period and the allowance is not payable to the person because of the operation of the provision; or

                     (b)  were the person to claim the allowance for the period the allowance would not be payable to the person because of the operation of the provision.

          (4A)  For the purposes of paragraph (2)(dc) a youth allowance is taken to be not payable to a person for a period because of the operation of a provision if:

                     (a)  the person has claimed the allowance for the period and the allowance is not payable to the person because of the operation of the provision; or

                     (b)  were the person to claim the allowance for the period the allowance would not be payable to the person because of the operation of the provision.

          (4B)  For the purposes of paragraph (2)(dd), an austudy payment is taken not to be payable to a person for a period because of the operation of a provision if:

                     (a)  the person has claimed the payment for the period and the payment is not payable to the person because of the operation of the provision; or

                     (b)  were the person to claim the payment for the period, the payment would not be payable to the person because of the operation of the provision.

             (6)  If:

                     (a)  a person was receiving a social security pension, a service pension or income support supplement; and

                     (b)  the person claims a special benefit within 14 days of the day on which the last instalment of the person's pension was paid; and

                     (c)  the person becomes qualified for a special benefit at some time during the 14 day period but after the first day of that period;

the person is taken to be qualified for a special benefit for the whole of the 14 day period.

Note:          subsection (6) operates when a person transfers from a pension to a special benefit and the person is not qualified for a special benefit immediately after the day on which the person's last instalment of pension is paid. The subsection deems the person to be so qualified. As a result, the person may be paid a special benefit for the period beginning on the day after the day on which the person's last instalment of pension was paid. The subsection aims to ensure that there is minimal disruption to a person's payments when a person transfers from a pension to a special benefit.