Online Document Recording (ODR) 111-15000000

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Act references

Act or Guide references must be included when a significant decision is made. There may be multiple references that could be applicable.

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Listed under each Business Line are commonly used Act references. If not listed, check the relevant Operational Blueprint. If unable to find a suitable Act reference, send a request to the owner of the Operational Blueprint.

Updates to the Act references list will only be made at the request of the relevant business owner.

Note: for Quality Online Line (QOL) and Quality Management Application (QMA), as long as the reference/ s used covers the scenario, an activity should not be returned.

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ABSTUDY

Action	Detail	Act
Primary eligibility criteria	ABSTUDY Policy Manual 2017	Policy Reference 9.1 Primary Eligibility Criteria for ABSTUDY
Payment specific eligibility criteria
	Schooling A Award	Policy Reference 15.1 Specific Eligibility Criteria for Schooling A Award
	Schooling B Award	Policy Reference 16.1 Specific Eligibility Criteria for Schooling B Award
	Tertiary Award	Policy Reference 17.1 Specific Eligibility Criteria for Tertiary Award
	Part-time Award	Policy Reference 18.1 Specific Eligibility Criteria for Part-time Award
	Testing and Assessment Award	Policy Reference 19.1 Specific Eligibility Criteria for Part-time Award
	Masters and Doctorate Award	Policy Reference 20.1 Specific Eligibility Criteria for the Masters and Doctorate Award
	Student or New Apprentice in Lawful Custody Award	Policy Reference 21.1 Student or New Apprentice in Lawful Custody Award
Overpayments
	Waiver of small debt - under $50	Student Assistance Act 1973, Section 43D Waiver of small debt
	Varying withholdings	Student Assistance Act 1973, Section 39 Reviewable Independent Status
Cancelling/suspending
	Schooling A ANQ - due to Change of care	Policy Reference 6.1.2 Parent/Guardian Applicant
	ANQ - due to loss of ISP/HCC	Policy Reference 84.2 Qualification for School Term Allowance
	Ceased studies	Policy Reference 9.1 Primary Eligibility Criteria for ABSTUDY
	Failed to reply to correspondence	Policy Reference 1.5 Collection of Information
	Tertiary/Schooling B Award - No longer PIT exempt	Policy Reference 58.1 Exemptions from the Parental Income Test
	Ceased Studies	Policy Reference 9.1 Primary Eligibility Criteria for ABSTUDY or Policy reference 73.3.1 Discontinuing full-time or concessional study-load study
	Other Government Assistance	Policy Reference 12 Government Financial Assistance
	Notification of changes (change of school, address, etc.)	Policy Reference 2.1 Notification of changes - Recipient Obligations
	Change in parent/guardian	Policy Reference 58.2 Whose income is assessed under the Parental Income Test?
	Commencement of apprenticeship	Policy Reference 17.1 Specific Eligibility Criteria for Tertiary Award
	Discontinuing an apprenticeship/traineeship	Policy Reference 73.1.2 Circumstances affecting the normal period of entitlement
	ABSTUDY PES - ceased studies	Policy Reference 81.2 Qualification for ABSTUDY Pensioner Education Supplement (PES)
Restoring
	Schooling A - whereabouts unknown (WUK)	Policy Reference 2.1 Notification of changes - Recipient Obligations
	Applicant Not Qualified (ANQ)	Policy Reference 84.2 Qualification for School Term Allowance
	Schooling A - continuing studies	Policy Reference 15.1 Specific Eligibility Criteria for Schooling A Award
	Tertiary/Schooling B Award - whereabouts unknown (WUK)	Policy Reference 2.1 Notification of changes - Recipient Obligations
	Non Tax Compliance (NTC)	Policy Reference 8.2 (Persons who must provide a TFN
	Continuing student	Policy Reference 73.1 Period of entitlement
	Period of enrolment	Policy Reference 73.1 Period of entitlement
	Proof of enrolment	Policy reference 7.2.3 Proof of Enrolment
	Failed to reply to correspondence	Policy Reference 1.5 Collection of Information
	Income Management	Policy Reference 1.5 Collection of Information
	ABSTUDY PES - qualifications	Policy Reference 81.2 Qualification for ABSTUDY Pensioner Education Supplement (PES)
	Proof of enrolment	Policy Reference 7.2.3 Proof of Enrolment
Advance Loans	Advance Loan	Policy Reference 75.1 Qualification for Advance Payment
Reporting and delivery	Changing Entitlement Period End Day Code (EPEDC)	Policy Reference 71.3.1 Payment frequency
Zeroing arrears	‘RATS’ screen - Zeroing of arrears that customer is not entitled to. See Payment of arrears after reassessment and stopping a payment	Student Assistance Act 1973, Section 12ZP Power of Commissioner to defer assessment or reduce assessment to nil
ABSTUDY Relocation Scholarship
	Use for granting payment and where a customer is not qualified	Policy Reference 102.2 Qualification for Relocation Scholarship
	Use for changes in amount of payment	Policy Reference 102.3 Rates of payment
ABSTUDY Student Start-up Loan
	Use for granting loan	Policy Reference 103.6 Qualification for Student Start-up Loan
	Use for when customer is not qualified	Policy Reference 103.6.1 Not Qualified for the Student Start-up Loan
	Use for amount of Student Start-up Loan	Policy Reference 103.7 Amount of the Student Start-up Loan
	Use for overpayment (debt)	Policy Reference 103.6.3 Overpayments

Disabilities and Carers

Action	Detail	Act
Qualifications
	Disability Support Pension (DSP)	Social Security Act 1991, Section 94 Qualification for disability support pension
	DSP Blind	Social Security Act 1991, Section 95 Qualification for disability support pension - permanent blindness
	Carer Payment (CP) - over 16	Social Security Act 1991, Section 198 Qualification - disabled adult or disabled adult and dependent child
	CP - under 16	Social Security Act 1991, Section 197A Overview - circumstances in which person is qualified for carer payment
	Carer Allowance (CA) - over 16	Social Security Act 1991, Section 954 Qualification for carer allowance - caring for a disabled adult in a private home of both the adult and the carer
	Carer Allowance (CA) - over 16	Social Security Act 1991, Section 954a Qualification for carer allowance - caring for a disabled adult in a private home not shared by the adult and carer
	CA - under 16	Social Security Act 1991, Section 953 Qualification for carer allowance - caring for either one or 2 disabled children
	Health Care Card (HCC) only Carer Allowance (CA) (child)	Social Security Act 1991, Section 1061ZK(3), Qualification
	Ex-Carer Allowance (child) Health Care Card (EHC)	Social Security Act 1991, Section 1061ZO Qualification
	Mobility Allowance (MOB)	Social Security Act 1991, Section 1035 Qualification for mobility allowance (rate specified in subsection 1044(1))
Rejections	Failed to reply to correspondence (FRC)	Social Security (Administration) Act 1999, Section 64 Effect of failing to comply with requirement to attend Department
Grant/Reject	Pensioner Education Supplement (PES)	Social Security Act 1061PA Qualification for pensioner education supplement
Payability
	DSP due to NIL rate	Social Security Act 1991, Section 98 Disability support pension not payable if pension rate nil
	CP due to NIL rate	Social Security Act 1991, Section 199 Carer payment not payable if payment rate nil
	CA due to NIL rate	Social Security Act 1991, Section 958 Carer allowance not payable if allowance rate nil
	SA due to NIL rate	Social Security Act 1991, Section 677 Sickness allowance not payable if allowance rate nil
Cancellation
	All payments General power to cancel/suspend Non-compliance with notices	Social Security (Administration) Act 1999, Section 80 Cancellation or suspension determination Social Security (Administration) Act 1999, Section 81 Cancellation or suspension for non-compliance with certain notices
	MOB Period of Grace (POG)	Social Security Act 1991, Section 1046 Continuation of mobility allowance when person ceases to be qualified
Suspension
	All payments General power to cancel/suspend Non-compliance with notices	Social Security (Administration) Act 1999, Section 80 Cancellation or suspension determination Social Security (Administration) Act 1999, Section 81 Cancellation or suspension for non-compliance with certain notices
	DSP SUS-FTW	Social Security (Administration) Act 1999, Section 96(1) Disability support pension - suspension instead of cancellation under section 93
Restoration
	All payments (excluding DSP SUS-RTW)	Social Security (Administration) Act 1999, Section 85 Resumption of payment after cancellation or suspension
	DSP Suspended RTW - Ceasing work, or reducing hours to less than 30h per week, or employment income no longer precludes payment	Social Security Administration Act 1999, Section 129 Application for review of decision to suspend

Families and Parenting

Action	Detail	Act
Granting
	CCS/ACCS	A New Tax System (Family Assistance) Act 1999, Section 85AA to 85GB
	Family Tax Benefit (FTB)	A New Tax System (Family Assistance) Act 1999, Section 21 When an individual is eligible for family tax benefit in normal circumstances
	FTB/PND-POB	A New Tax System (Family Assistance) (Administration) Act 1999, Section 15b Deferral of determination of early claims
	FTB LSC ASS/AIU	A New Tax System (Family Assistance) (Administration) Act 1999, Section 14 Restriction on determining claim where income tax assessment not made
	FTB LSC GRA	A New Tax System (Family Assistance) (Administration) Act 1999, Section 17 Determination of past period entitlement claim
	FTB grant/reassess shared care	A New Tax System (Family Assistance) (Administration) Act 1999, Section 59 Multiple birth allowance where individual is FTB child of more than one person who are not members of the same couple
	Parenting Payment Single (PPS)/ Parenting Payment Partnered (PPP)	Social Security Act 1991, Section 500 Qualification for parenting payment
	Principle care determination (as part of shared care decision where income support payment is involved)	Social Security Act 1991 , Section 5(18) Only one person at a time can be the principal carer of a particular child
Cancellations
	CCS/ACCS	A New Tax System (Family Assistance) Act 1999, Section 85AA to 85GB
	FTB CAN/CLR	A New Tax System (Family Assistance) (Administration) Act 1999, Section 21(3) When determination is in force
	FTB/CAN-ENA	A New Tax System (Family Assistance) Act 1999, Section 28A(1)(C) Eligibility for family tax benefit of members of a couple in a blended family
	FTB CAN/FRC	A New Tax System (Family Assistance) (Administration) Act 1999, Section 29(2) Variation of instalment entitlement determination where failure to provide information
	FTB/CAN-INC	A New Tax System (Family Assistance) Act 1999 Schedule 3, Clause 1-8; FA Act 1999 Schedule 1, Part 3, Division 1
	FTB/CAN-NDE	A New Tax System (Family Assistance) (Administration) Act 1999, Section 31 Variation of instalment entitlement determination to reflect changes in eligibility
	FTB/CAN-OTH	A New Tax System (Family Assistance) (Administration) Act 1999, Section 31 Variation of instalment entitlement determination to reflect changes in eligibility
	PPS/PPP/CAN Non-compliance with notices	Social Security (Administration) Act 1999, Part 3, Division 7, Subdivision A, Section 80 Cancellation or suspension determination Social Security (Administration) Act 1999, Section 81 Cancellation or suspension for non-compliance with certain notices
Debts - Raising due to PPL
	ABS	Student Assistance Act 1973, Section 38 Definitions
	All other ISP	Social Security Act 1991, Section 1223(1) Debts arising from lack of qualification, overpayment etc.
Debts - Waiving small debts	PPS/PPP	Social Security Act 1991, Section 1237 Debts arising from lack of qualification, overpayment etc.
Suspension	PPS/PPP	Social Security Act 1991, Chapter 2, Part 2.10 Division1, Subdivision A, Section 500 Qualification for parenting payment Social Security (Administration) Act 1999, Part 3, Division 7, Subdivision A, Section 80 Cancellation or suspension determination
Rejections
	FTB (Instalment Claim)	A New Tax System (Family Assistance) Act 1999, Section 21 When an individual is eligible for family tax benefit in normal circumstances
	FTB (Lump Sum Claim)	A New Tax System (Family Assistance) (Administration) Act 1999, Section 19
	CCS/ACCS	A New Tax System (Family Assistance) Act 1999, Section 85AA to 85GB
	PPS/PPP	Social Security Act 1991, Section 500 Qualification for parenting payment
Restoration
	FTB	A New Tax System (Family Assistance) (Administration) Act 1999, Section 21 When determination is in force
	FTB (CAN-OIS)	A New Tax System (Family Assistance) (Administration) Act 1999, Section 29 Variation of instalment entitlement determination where failure to provide information A New Tax System (Family Assistance) (Administration) Act 1999, Section 31 Variation of instalment entitlement determination to reflect changes in eligibility
	PPS/PPP	Social Security (Administration) Act 1999, Section 85 Resumption of payment after cancellation or suspension
Non Effective
	FTB (Lump Sum Claim) for reasons OML, OAL or AAI	Family Assistance (Administration) Act 1999 Section 10 Effect of absence of child from care of approved child care service other than an approved occasional care service
	CCS/ACCS	A New Tax System (Family Assistance) Act 1999, Section 85AA to 85GB
Paid Parental Leave (PPL)
	Granted PPL/ASS (Pre-Birth)	Paid Parental Leave Act 2010, Section 26A, 27 Initial eligibility determinations
	Granted PPL Claim	Paid Parental Leave Act 2010, Section 13 Determination on a PPL claim
	Granted Special PPL Claim	Paid Parental Leave Act 2010, Section 14 Determination on a special PPL claim
	Cancel PPL/CAN-CRQ	Administrative decision
	ABS Debts - Raising due to PPL/DAP income	Student Assistance Act 1973, Section 38 Definitions
	All other ISP Debts - Raising due to PPL/DAP income	Social Security Act 1991, Section 1223(1) Debts arising from lack of qualification, overpayment etc.
	Restoration PPL	Paid Parental Leave Act 2010, Part 2-3, Division 2 - When a person is eligible for parental leave pay

Retirement

Action	Detail	Act
Cancellations All retirements customers
	Social Security Payments Cancellation or suspension Non-compliance with notices	Social Security (Administration) Act 1999, Section 80 Cancellation or suspension determination Social Security (Administration) Act 1999, Section 81 Cancellation or suspension for non-compliance with certain notices
	Concession cards Not qualified Non-compliance with notices	Social Security (Administration) Act 1999, Section 86 Cancellation - person not qualified Social Security (Administration Act 1999. Section 87 Cancellation - non - compliance with certain notices)
Restorations
	Age Pension	Social Security (Administration) Act 1999, Section 85 Resumption of payment after cancellation or suspension
	Commonwealth Seniors Health Card	Social Security (Administration) Act 1999, Section 89 Resumption of qualification
Age Pension - qualifications
	General provision	Social Security Act 1991, Section 43 Qualification for age pension
	Pension Age	Social Security Act 1991, Section 23 Dictionary
Payability	Age pension due to NIL rate	Social Security Act 1991, Section 44 Age pension not payable if pension rate nil
Rejections
	Age pension and Age Blind	Social Security Act 1991, Section 43(1) Qualification for age pension
	Failed to reply to correspondence (FRC)	Social Security (Administration) Act 1999, Section 64 Effect of failing to comply with requirement to attend Department etc.
	Commonwealth Seniors Health Card (CSHC)	Social Security Act 1991, Section 1061ZG Qualification rules
Rate of Age Pension
	Ordinary Income Test	Social Security Act 1991, Section 1064(1) -E1 Rate of age, disability support, wife pensions and carer payment (people who are not blind)
	Assets Test	Social Security Act 1991, Section 1064(1) -G1 Rate of age, disability support, wife pensions and carer payment (people who are not blind)
Bereavement Payments
	Subdivision A - Death of partner	Social Security Act 1991, Section 82 Qualification for payments under this Subdivision
	Subdivision C - Death of recipient	Social Security Act 1991, Section 91 Death of recipient
	Continuation of Wife Pension for bereavement period	Social Security Act 1991, Section 186 Continuation of wife pension for bereavement period
	Death of pensioner partner	Social Security Act 1991, Section 188 Qualification for payments under this Subdivision
Commonwealth Seniors Health Card	Qualification	Social Security Act 1991, Section 1061ZG Qualification rules
Residential Aged Care	Qualification for Rent Assistance	Social Security Act 1991, Section 1070B Qualification—general rule
Utilities Allowance
	Qualification	Social Security Act 1991, Section 1061T Qualification for utilities allowance
	Payability	Social Security Act 1991, Section 1061TA When utilities allowance is payable
	Rate	Social Security Act 1991, Section 1061TB Rate of utilities allowance

Youth and Students

Action	Detail	Act
Cancellations	Cancellation/suspension Non-compliance with notices	Social Security (Administration) Act 1999, Section 80 Cancellation or suspension determination Social Security (Administration) Act 1999, Section 81 Cancellation or suspension for non-compliance with certain notices
Debts	Waiving small debts	Social Security Act 1991, Section 1237 Power to waive Commonwealth’s right to recover debt
Restoration	All Payments	Social Security (Administration) Act 1999, Section 85 Resumption of payment after cancellation or suspension
Suspension	Cancellation/suspension Non-compliance with notices	Social Security (Administration) Act 1999, Section 80 Cancellation or suspension determination Social Security (Administration) Act 1999, Section 81 Cancellation or suspension for non-compliance with certain notices
Grant/Reject
	Austudy	Social Security Act 1991, Section 568 Qualification for Austudy payment - general rule
	Youth Allowance (YAL)	Social Security Act 1991, Section 540 Qualification for youth allowance - general rule
	Pensioner Education Supplement (PES)	Social Security Act 1991, Section 1061PA Qualification for pensioner education supplement
	Qualification for student start-up scholarship payment (payment ceased 1 July 2017)	Social Security Act 1991, Section 592F Qualification for student start‑up scholarship payment
	Qualification for Student Start-up Loan	Social Security Act 1991, Section 1061ZVBB Qualification for student start-up loan
	Qualification for relocation scholarship payment	Social Security Act 1991, Section 592J Qualification for relocation scholarship payment
Student Start-up Loan (SSL)
	Circumstances in which person is not qualified for Student Start-up Loan	Social Security Act 1991, 1061ZVBC Circumstances in which person is not qualified for student start-up loan
	Amount of Student Start-up Loan	Social Security Act 1991, Section 1061ZVBD Amount of Student Start-up Loan
	Student Start-up Loan Overpayments	Social Security Act 1991, Section 1223 Debts arising from lack of qualification
	Failure to meet Student Start-up Loan study requirements - overpayments	Social Security Act 1991, Section 1223 ABF Debts in respect of student start up loans

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Privacy and Secrecy

Action	Detail	AIC Guideline
Cancellations	Cancellation/suspension Non-compliance with notices	1.3 Eligibility 4.2 Geographic Isolation Rules 4.4 Student deemed to be isolated 4.3 Student with Special Needs 5.1.1 Which allowances apply 7.2.1.2 Notify prescribed events
Cancellations	Cancellation under Residence	7.2.1.2 Notify prescribed events (Applicant) 2.2.1 Australian citizenship or permanent residency (Student) 3.2.1 Australian citizenship or permanent residency
Debts	Raising a Debt Waiving small debts	7.3.3 Recovery of debt 7.3.3.7 Waivers of the right to recover a debt
Restoration	All Payments	4.2 Geographic Isolation Rules 4.4 Student deemed to be isolated 4.3 Student with Special Needs 5.1.1 Which allowances apply
Suspension	Cancellation/suspension Non-compliance with notices	7.1.5 Supporting Evidence required 7.2.1.2 Notify prescribed events
Grant/Reject		1.3 Eligibility
	Geographic Isolation	4.2. Geographic Isolation Rules - Rule 1, or Rule 2, or Rule 3
	Deemed Isolation	4.4 Students deemed to be isolated 4.4.1 Student lives in a special Institution 4.4.2 Parental work requires frequent moves 4.4.3 Student and Sibling live in a second family home
	Special Needs	4.3 Students with Special needs 4.3.5.1 Student attends a special school, or 4.3.5.2 Student needs access to special facilities or a special environment, or 4.3.5.3 Student needs to study from home, or 4.3.5.4 Student needs to be removed from a local school environment, or 4.3.5.5 Student needs testing or support for a learning disability, or 4.3.5.6 Student needs learning support, or 4.3.5.7 Student would suffer serious educational disadvantage at local school
	Rejection under Residence	(Applicant) 2.2.1 Australian citizenship or permanent residency (Student) 3.2.1 Australian citizenship or permanent residency

Action	Detail	Act
Essential Medical Equipment Payment (EMEP)
	Grant/reject	Social Security Act 1991, Section 917B Qualification for essential medical equipment payment
	Cancellation MEP-MOV	Social Security Act 1991, Section 917A Definitions and Section 917C The medical needs requirement
	Cancellation MEP-CLR claim withdrawal	Social Security (Administration) Act 1999, Section 33 Right to withdraw
	Cancellation MEP-NEU	Social Security Act 1991, Section 917C (1) The medical needs requirement
	Cancellation MEP-DEA	Social Security Act 1991, Section 917C (2) The medical needs requirement
	Restoration	Social Security (Administration) Act 1999, Section 85 Resumption of payment after cancellation or suspension

Action	Detail	Act
Qualification as a farmer	Farm Household Allowance (FHA)	Farm Household Support ACT 2014, Section 8 Qualification of farmers for farm household allowance
Qualification as the partner of a farmer	FHA	Farm Household Support ACT 2014, Section 9 Qualification of farmers’ partners for farm household allowance
Requirement to enter into a Financial Improvement Agreement	FHA	Farm Household Support ACT 2014, Division 3 Financial improvement agreements
Qualification Failure	FHA	Farm Household Support ACT 2014, Division 9 Compliance with obligations in relation to farm household allowance
Restoration after Financial Improvement Agreement Submitted	FHA	Farm Household Support ACT 2014, Division 9, Section 72 Consequences of qualification failures
Conduct Failure	FHA	Farm Household Support ACT 2014, Division 9 Compliance with obligations in relation to farm household allowance
Requirement to have a farm Financial Assessment	FHA	Farm Household Support ACT 2014, Section 85 Requirement to have farm financial assessment conducted Social Security (Administration) ACT 1999, subsection 63 (2) Requirement to attend Department
Cancellation due to failure to provide a Farm Financial Assessment /Failure to comply with notice	FHA	Social Security (Administration) ACT 1999, subsection 64 Effect of failing to comply with requirement to attend Department
Restoration after Farm Financial Assessment submitted Farm Household Allowance	FHA	Social Security (Administration) ACT 1999, Section 109 Date of effect of favourable determination resulting from review
Non-farm assets value limit Farm Household Allowance	FHA	Farm Household Support ACT 2014, Section 33 Non‑farm assets value limit
Farm Assets value limit	FHA	Farm Household Support ACT 2014, Section 34 Farm assets value limit

Operational Information

Online Document Recording (ODR) 111-15000000

ABSTUDY

Assistance for Isolated Children (AIC)

Disabilities and Carers

Employment Services

Families and Parenting

Household Assistance

Retirement

Rural

Youth and Students