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Social Security and Family Assistance Law

Social Security and Family Assistance Law

3rd edition

By Peter Sutherland and Allan Anforth

CONTENTSREVIEWS

This 3rd edition comprehensively annotates the social security and family assistance law of Australia, as amended to 5 March 2013. It is the 12th volume in a book series which has annotated the Social Security Act and associated legislation since first publication in 1984.

The 3rd edition annotates the Social Security Law and the Family Assistance Law which comprises:

  • Social Security Act 1991
  • Social Security (Administration) Act 1999
  • Social Security (International Agreements) Act 1999 (and Regulations)
  • A New Tax System (Family Assistance) Act 1999
  • A New Tax System (Family Assistance) (Administration) Act 1999

Social security practitioners will find that the 3rd edition maintains the reputation of its predecessors as an indispensable reference for all those engaged in social security and family assistance decision-making, whether as a lawyer, a Tribunal member, a Department or Centrelink officer, or a community advocate.

Special features of this new book include:

  • Comprehensive annotations, on a section-by-section basis, covering decisions of the Administrative Appeals Tribunal, the Federal Court and the High Court to 1 January 2013;
  • The book follows the current structure of the social security and family assistance legislation (implemented in 2000) but also includes consideration of decisions under repealed provisions of the Social Security Act 1991 and the repealed Social Security Act 1947 which have continuing relevance;
  • Detailed discussion of areas of social security law which are the subject of ongoing review activity, increasing complexity and/or continuing debate and difficulty: assets and income testing; debt recovery and waiver; compensation recovery; notices; participation requirements; shared care of children; and marital status.
  • Inclusion of a subject matter index, table of cases, table of statutes and amendment histories for each of the five Acts annotated in the book.

CONTENTS

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


REVIEWS

Review of previous editions:

I laugh at the suggestion that the 1991Act 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

   

Published 6 June 2013
Publisher The Federation Press
Paperback/1088pp
ISBN 9781862879003
Australian RRP $135.00
International Price $125.00
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Law - Administrative
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