This fourth edition comprehensively annotates the social security law and family assistance law of Australia, as amended to 1 February 2022. It is the 13th volume in a book series which has annotated the Social Security Act and associated legislation since 1984.
Features of this new edition include:
- Comprehensive annotations, on a section-by-section basis, covering decisions of the AAT, the Federal Court and the High Court to 1 February 2022;
- Identification of legislative instruments which are important to application of the legislation;
- Discussion of areas of social security law which are the subject of ongoing review activity or attract strong public interest, including eligibility for disability support pension, income and assets testing, compensation recovery, member of a couple and dependent children provisions, compliance with participation obligations, the legal basis of administrative arrangements, and “robodebts”.
- Subject matter index, table of cases, table of statutes, and legislative histories.
Editorial Contributions
Contributors
Acknowledgments
Currency of Legislation and Annotations
Key to Case Citation
Table of Cases
Table of Statutes
SOCIAL SECURITY LAW
Social Security Act 1991
Table of Parts
Chapter 1: Introductory
Chapter 2: Pensions, benefits and allowances
Chapter 2A: Benefits and concessions other than payments
Chapter 2B: Student financial supplement scheme
Chapter 2C: Assurances of support
Chapter 3: General provisions relating to payability and rates
Chapter 4: International agreements and portability
Chapter 5: Overpayments and debt recovery
Schedules
Social Security (Administration) Act 1999
Table of Parts
Part 1: Preliminary
Part 2: General administration of social security law
Part 3: Provision of benefits
Part 3A: Nominees
Part 3B: Income management regime
Part 3C: Schooling requirements
Part 4: Review of decisions
Part 5: Information management
Part 6: Offences
Part 7: Miscellaneous
Part 8: Transitional and savings provisions
Schedules
Social Security (International Agreements) Act 1999
Table of Parts
Part 1: Preliminary
Part 2: International social security agreements
Part 3: Calculation of international agreement portability rates
Part 4: Regulations
Schedules
FAMILY ASSISTANCE LAW
A New Tax System (Family Assistance) Act 1999
Table of Parts
Part 1: Preliminary
Part 2: Interpretation
Part 3: Eligibility for family assistance
Part 4: Rate of family assistance
Part 5: One-off payments to families
Part 6: Economic security strategy payment to families
Part 7: Back to school bonus and single income family bonus
Part 7A: ETR payment
Part 8: Clean energy advances
Schedules
A New Tax System (Family Assistance) (Administration) Act 1999
Table of Parts
Part 1: Preliminary
Part 2: Interpretation
Part 3: Payment of family assistance
Part 4: Overpayments and debt recovery
Part 5: Review of decisions
Part 6: Provisions relating to information
Part 7: Liability of certain employers and principals for offences
Part 8: Approval of child care services and registered carers
Part 8A: Obligations, and advances, relating to approved child care services
Part 8B: Nominees
Part 8C: Civil penalties
Part 9: Other matters
Index
The structure of the text is intuitively useful. It sits somewhere between an annotated Act and text book… I would recommend this text to both specialised practitioners and to those who encounter social security or family assistance issues in their practices on a more ad hoc basis. Read full review…
Jacinta Lewin, special counsel, Maurice Blackburn Law Institute Journal (Vic) March 2023
The latest edition of Social Security and Family Assistance Law is a useful guide for experienced and novice practitioners, alike. It is detailed, but not dense.
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The real highlights of this text, however, are the annotations to the Social Security Act 1991, Social Security (Administration) Act 1999, Social Security (International Agreements) Act 1999, A New Tax System (Family Assistance) Act 1999, and A New Tax System (Family Assistance) (Administration) Act 1999.
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What is a “substantial” change in circumstances? What counts as a change in circumstances “beyond the person’s control”? The annotations are an invaluable resource for any practitioner having to advise on how a court or tribunal might interpret these phrases. Read full review…
Grace Devereaux, Hearsay, Issue 91: March 2023.
Review of previous editions:
I laugh at the suggestion that the 1991 Act was designed to make it “more accessible to persons without legal training”. In that, the draftsmen have been, may I suggest, spectacularly unsuccessful. The Act remains difficult to interpret and follow and many Tribunal decisions seem to be inconsistent and of little help in identifying the likely result of any particular application.
What the authors of this book have done, is to draw together the more prominent decisions in the many areas covered by the legislation and then suggest the likely interpretation to be applied by a Tribunal. …
I cannot emphasise too strongly, what an invaluable source of ready information this book contains on social security related issues. It should be seriously considered for every practitioner’s library.
Tasmanian Law Society Newsletter
