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SOCIAL SECURITY ACT 1991 - SECT 1061Q

Qualification for telephone allowance

             (1)  A person is qualified for a telephone allowance if:

                     (a)  the person is receiving a social security pension; and

                     (c)  the person is a telephone subscriber.

Note:          For telephone subscriber see subsection (5).

             (2)  A person is qualified for a telephone allowance if:

                     (a)  the person is receiving a youth allowance; and

                     (b)  the person is not undertaking full-time study; and

                     (c)  the person is not a new apprentice; and

                     (d)  the person:

                              (i)  has a partial capacity to work; or

                             (ii)  is the principal carer of at least one child and is not a member of a couple; and

                     (e)  the person is a telephone subscriber.

Note 1:       For undertaking full-time study see section 541B.

Note 2:       For new apprentice see subsection 23(1).

Note 3:       For partial capacity to work see section 16B.

Note 4:       For principal carer see subsections 5(15) to (24). See also subsection (2C) of this section.

Note 5:       For telephone subscriber see subsection (5).

          (2A)  A person is qualified for a telephone allowance if:

                     (a)  the person is receiving a jobseeker payment; and

                     (b)  the person:

                              (i)  has a partial capacity to work; or

                             (ii)  is the principal carer of at least one child and is not a member of a couple; and

                     (c)  the person is a telephone subscriber.

Note 1:       For partial capacity to work see section 16B.

Note 2:       For principal carer see subsections 5(15) to (24). See also subsection (2C) of this section.

Note 3:       For telephone subscriber see subsection (5).

          (2B)  A person is qualified for a telephone allowance if:

                     (a)  the person is:

                              (i)  receiving a youth allowance while the person is not undertaking full-time study and is not a new apprentice; or

                             (ii)  receiving a jobseeker payment; and

                     (b)  the person is the principal carer of at least one child and is a member of a couple; and

                     (c)  the person is a telephone subscriber; and

                     (d)  the person's partner has turned 60; and

                     (e)  the person's partner is receiving jobseeker payment or sickness allowance; and

                      (f)  the person's partner has been receiving income support payments in respect of a continuous period of at least 9 months.

Note 1:       For undertaking full-time study see section 541B.

Note 2:       For new apprentice see subsection 23(1).

Note 3:       For principal carer see subsections 5(15) to (24). See also subsection (2C) of this section.

Note 4:       For telephone subscriber see subsection (5).

Note 5:       For income support payment see subsection 23(1).

Note 6:       Subsection 23(4A) can affect when a person is taken to be receiving the pension or allowance.

          (2C)  If a person is the principal carer of a child who dies, the person is taken, for the purposes of subparagraphs (2)(d)(ii) and (2A)(b)(ii) and paragraph (2B)(b), to continue to be the principal carer of the child during the period of 14 weeks that starts on the day of the child's death.

          (2D)  A person is qualified for a telephone allowance if:

                     (a)  the person is receiving a benefit PP (partnered); and

                     (b)  the person has a partial capacity to work; and

                     (c)  the person is a telephone subscriber.

Note 1:       For partial capacity to work see section 16B.

Note 2:       For telephone subscriber see subsection (5).

             (3)  A person is qualified for a telephone allowance if:

                     (a)  the person is receiving widow allowance, jobseeker payment, sickness allowance, partner allowance, benefit PP (partnered) or special benefit; and

                     (b)  the person has been receiving income support payments in respect of a continuous period of at least 9 months; and

                     (c)  the person has turned 60; and

                     (d)  the person is a telephone subscriber.

Note 1:       For income support payment see subsection 23(1).

Note 2:       For the determination of the continuous period in respect of which a person received income support payments see section 38B.

Note 3:       For telephone subscriber see subsection (5).

          (3A)  A person is qualified for telephone allowance if:

                     (a)  the person is receiving partner allowance or benefit PP (partnered); and

                     (b)  the person is a telephone subscriber; and

                     (c)  the person's partner has turned 60; and

                     (d)  the person's partner is receiving job search allowance, jobseeker payment or sickness allowance; and

                     (e)  the person's partner has been receiving income support payments in respect of a continuous period of at least 9 months.

Note 1:       For telephone subscriber see subsection (5).

Note 2:       For income support payment see subsection 23(1).

Note 3:       For the determination of the continuous period in respect of which a person received income support payments see section 38B.

          (3B)  A person is qualified for telephone allowance if:

                     (a)  the person is receiving a mature age allowance under Part 2.12B; and

                     (b)  the person is a telephone subscriber.

          (3C)  If:

                     (a)  a person has been receiving one of the following:

                              (i)  a social security pension;

                             (ii)  a mature age allowance under Part 2.12B; and

                     (b)  the person ceases to receive the pension or allowance because the person or the person's partner earns, derives or receives, or is taken to earn, derive or receive, employment income; and

                     (c)  the person is a telephone subscriber;

the person is qualified for a telephone allowance:

                     (d)  if the person has been receiving a disability support pension--for a period of 12 months from the date on which the person ceases to receive the pension; or

                     (e)  in any other situation mentioned in paragraph (a)--for a period of 6 months from the date on which the person ceases to receive the pension or allowance.

Note 1:       For telephone subscriber see subsection (5).

Note 2:       Subsection 23(4A) can affect when a person is taken to be receiving the pension or allowance.

          (3D)  Subsection (3C) applies to a person who:

                     (a)  has been receiving a youth allowance while the person:

                              (i)  has had a partial capacity to work; and

                             (ii)  has not been undertaking full-time study; and

                            (iii)  has not been a new apprentice; or

                     (b)  has been receiving a jobseeker payment or parenting payment while the person has had a partial capacity to work;

as if the person had been receiving a disability support pension.

Note 1:       For partial capacity to work see section 16B.

Note 2:       For undertaking full-time study see section 541B.

Note 3:       For new apprentice see subsection 23(1).

          (3E)  Subsection (3C) applies to a person who:

                     (a)  has been receiving a youth allowance while the person:

                              (i)  has been the principal carer of at least one child; and

                             (ii)  has not been a member of a couple; and

                            (iii)  has not had a partial capacity to work; and

                            (iv)  has not been undertaking full-time study; and

                             (v)  has not been a new apprentice; or

                     (b)  has been receiving a jobseeker payment while the person:

                              (i)  has been the principal carer of at least one child; and

                             (ii)  has not been a member of a couple; and

                            (iii)  has not had a partial capacity to work;

as if the person had been receiving pension PP (single).

Note 1:       For principal carer see subsections 5(15) to (24). See also subsection (3K) of this section.

Note 2:       For partial capacity to work see section 16B.

Note 3:       For undertaking full-time study see section 541B.

Note 4:       For new apprentice see subsection 23(1).

           (3F)  If:

                     (a)  a person has been receiving one of the following social security benefits:

                              (i)  jobseeker payment;

                             (ii)  widow allowance;

                            (iii)  partner allowance;

                            (iv)  sickness allowance;

                             (v)  special benefit;

                            (vi)  benefit PP (partnered); and

                     (b)  the person ceases to receive the benefit because the person or the person's partner earns, derives or receives, or is taken to earn, derive or receive, employment income; and

                     (c)  the person has turned 60; and

                     (d)  immediately before the person ceases to receive the benefit, the person had been receiving income support payments in respect of a continuous period of at least 9 months; and

                     (e)  the person is a telephone subscriber;

the person is qualified for a telephone allowance for a period of 6 months from the date on which the person ceases to receive the benefit.

Note 1:       For telephone subscriber see subsection (5).

Note 2:       Subsection 23(4A) can affect when a person is taken to be receiving the benefit.

          (3G)  If:

                     (a)  a person has been receiving partner allowance or benefit PP (partnered); and

                     (b)  the person ceases to receive the benefit because the person or the person's partner earns, derives or receives, or is taken to earn, derive or receive, employment income; and

                     (c)  the person's partner has turned 60; and

                     (d)  the person's partner:

                              (i)  is receiving jobseeker payment or sickness allowance; or

                             (ii)  was receiving jobseeker payment or sickness allowance immediately before the person ceased to receive partner allowance or benefit PP (partnered); and

                     (e)  immediately before the person ceases to receive the benefit, the person's partner had been receiving income support payments in respect of a continuous period of at least 9 months; and

                      (f)  the person is a telephone subscriber;

the person is qualified for a telephone allowance for a period of 6 months from the date on which the person ceases to receive the benefit.

Note 1:       For telephone subscriber see subsection (5).

Note 2:       Subsection 23(4A) can affect when a person is taken to be receiving the benefit.

          (3H)  Subsection (3G) applies to a person who:

                     (a)  has been receiving youth allowance while the person:

                              (i)  has been the principal carer of at least one child; and

                             (ii)  has been a member of a couple; and

                            (iii)  has not been undertaking full-time study; and

                            (iv)  has not been a new apprentice; or

                     (b)  has been receiving jobseeker payment while the person:

                              (i)  has been the principal carer of at least one child; and

                             (ii)  has been a member of a couple;

as if the person had been receiving partner allowance or benefit PP (partnered).

Note 1:       For principal carer see subsections 5(15) to (24). See also subsection (3K) of this section.

Note 2:       For undertaking full-time study see section 541B.

Note 3:       For new apprentice see subsection 23(1).

           (3J)  A reference in paragraph (3C)(b), (3F)(b) or (3G)(b) to the employment income of a person is a reference to that person's employment income either alone or in combination with any other ordinary income earned, derived or received, or taken to have been earned, derived or received, by the person or the person's partner.

          (3K)  If a person was the principal carer of a child who died, the person is taken, for the purposes of subparagraphs (3E)(a)(i) and (3H)(b)(i), to have continued to be the principal carer of the child during the period of 14 weeks that started on the day of the child's death.

             (4)  For the purposes of paragraph (2B)(f), (3)(b), (3A)(e), (3F)(d) or (3G)(e), it does not matter:

                     (a)  whether the kind of payment received has changed over the period in question; or

                     (b)  whether the period or any part of it occurred before or after the commencement of that paragraph.

             (5)  In this section:

"telephone subscriber" means:

                     (a)  a person who has a telephone service connected in Australia in his or her name; or

                     (b)  a person:

                              (i)  to whom paragraph (a) does not apply; and

                             (ii)  who is a member of a couple (other than an illness separated, temporarily separated or respite care couple); and

                            (iii)  whose partner has a telephone service connected in Australia in the partner's name.

Note:          For member of a couple , illness separated couple , temporarily separated couple and respite care couple see section 4.



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