Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SOCIAL SECURITY ACT 1991 - SECT 1061ZM

Qualification for health care card: employment-affected person

             (1)  Subject to subsection (2), if:

                     (a)  either:

                              (i)  a person who is an employment-affected person or the partner of such a person commences employment; or

                             (ii)  there is an increase in the ordinary income from employment of a person who is an employment-affected person or the partner of such a person; and

                     (b)  because either:

                              (i)  the person or the partner commences employment; or

                             (ii)  there is an increase in the ordinary income of the person or the partner from employment;

                            the person ceases to be an employment-affected person; and

                     (c)  the person has been a qualified recipient for a continuous period of 52 weeks immediately before so ceasing;

the person is qualified for a health care card for the period of 26 weeks starting on the day on which the person ceases to be an employment-affected person.

          (1A)  If the person is qualified for a health care card under section 1061ZMA until a day (the particular day ), subsection (1) has effect as if the reference to 26 weeks starting on the day on which the person ceases to be an employment-affected person were a reference to 26 weeks starting on the particular day.

          (1B)  If the person:

                     (a)  was an employment-affected person because of receiving pension PP (single); and

                     (b)  is qualified for a pensioner concession card under section 1061ZEA until a day (the particular day );

subsection (1) has effect as if the reference to the period of 26 weeks starting on the day on which the person ceases to be an employment-affected person were a reference to the period starting on the particular day and ending 26 weeks after the person ceases to be an employment-affected person.

       (1BA)  If the person:

                     (a)  was an employment-affected person because of receiving youth allowance or newstart allowance; and

                     (b)  was, on the day on which the person ceased to be an employment-affected person, the principal carer of at least one child; and

                     (c)  is qualified for a pensioner concession card under section 1061ZEA until a day (the particular day );

subsection (1) has effect as if the reference to the period of 26 weeks starting on the day on which the person ceases to be an employment-affected person were a reference to the period starting on the particular day and ending 26 weeks after the person ceases to be an employment-affected person.

Note:          For principal carer see subsections 5(15) to (24).

          (1C)  If the person:

                     (a)  is qualified for a health care card under section 1061ZMA until a particular day; and

                     (b)  has, immediately before the commencement or increase mentioned in subsection (1), been a qualified recipient because of receiving newstart allowance, sickness allowance, widow allowance, partner allowance or youth allowance, other than while undertaking full-time study or being a new apprentice, for a continuous period of less than 52 weeks;

the person is taken, for the purpose of the reference in paragraph (1)(c) to a continuous period of 52 weeks, to be receiving the allowance until the particular day.

             (2)  If, during the period of 26 weeks referred to in subsection (1) (including that subsection as modified by subsection (1A)) or the period provided by subsection (1B), a person receives a payment of a social security pension or benefit specified in the definition of employment-affected person in subsection (3) that relates to one or more days within that period, the person ceases to be qualified under this section for a health care card on the day on which the person receives the payment.

             (3)  In this section:

"employment-affected person" means:

                     (a)  a person who is receiving any of the following:

                              (i)  pension PP (single);

                             (ii)  newstart allowance;

                            (iii)  sickness allowance;

                            (iv)  special benefit;

                             (v)  widow allowance;

                            (vi)  partner allowance; or

                     (b)  a person who is receiving a youth allowance but who:

                              (i)  is not undertaking full-time study; and

                             (ii)  is not a new apprentice.

"qualified recipient" means:

                     (a)  a person who is receiving:

                              (i)  a social security pension, other than a pension under Part 2.16; or

                             (ii)  a social security benefit, other than a youth allowance or austudy payment; or

                     (b)  a person who is receiving a youth allowance but who:

                              (i)  is not undertaking full-time study; and

                             (ii)  is not a new apprentice.

             (4)  This section has effect subject to section 1061ZN.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback