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4.10 Authority to Impose an Obligation Under the Social Security Law

4.10.1For the purpose of people receiving social security payments from DVA, the authority to impose an obligation is contained in the following sections of the Social Security (Administration) Act 1999.

4.10.2Section 63 in the SSAA gives the Secretary of FaCS the power to notify anyone who has claimed or who is receiving a payment or who has claimed or holds a concession card that they are required to: come to a DVA office, contact DVA, or provide specified information.

Section 67 in the SSAA gives the Secretary of FaCS the authority to notify a person who has claimed a Social Security payment that they must advise DVA if a specified event or change in circumstances has occurred or is likely to occur, or give DVA a statement about a matter relevant to their payment.

Section 68 in the SSAA gives the Secretary of FaCS the authority to issue to a person who is receiving a social security payment or holding a concession card a notice which requires the person to advise DVA if a specified event or change in circumstances has occurred or is likely to occur, or give DVA a statement about a matter relevant to their payment or qualification for the concession card.

Section 69 in the SSAA gives the Secretary of FaCS the authority to issue to a person who has received a social security payment or has held a concession card a notice which requires the person to advise DVA if a specified event or change in circumstances has occurred, or give DVA a statement about a matter relevant to their payment or qualification for the concession card.

Subsection 23(1D) in the SSA provides that if a person's primary payment (social security income support payment) is nil, but defence force income support allowance (DFISA) is payable, the person is considered to be a social security recipient. If the person's primary payment application was submitted to and administered by Centrelink, then their obligations reside with Centrelink. If the person's age pension application was submitted to and administered by DVA, then their obligations reside with DVA and paragraphs 4.10.1 to 4.10.5 apply.