Proof of identity

7.7 Section 8 of the Social Security (Administration) Act 1999 (Cth) seeks to ensure that abuses of the social security system are minimised.[1] One way in which the social security system aims to do this is by requiring claimants and recipients to prove their identity when making new claims, or when renewing or altering claims.[2] To be qualified for a social security payment, a low income health care card, or a Commonwealth senior’s health card, a person must provide original proof of identity documents and, with limited exceptions, also provide a tax file number.[3]

7.8 Victims of family violence are not automatically exempt from providing original proof of identity documents. The Guide to Social Security Law states that all efforts must be made to obtain satisfactory proof of identity and that the onus for establishing proof of identity is on the claimant.[4] However, the Guide to Social Security Law provides that a departmental form—‘Questions for Persons with Insufficient Proof of Identity’—can be used if a person is unable to provide sufficient evidence as to identity. This form contains questions that, because of their personal nature, are not likely to be known to other people.[5] ‘Persons experiencing domestic violence’ are among the list of persons able to use this alternate departmental form for proof of identity.[6]

[1]Social Security (Administration) Act 1999 (Cth) s 8(a)(v); Department of Families, Housing, Community Services and Indigenous Affairs, Guide to Social Security Law <www.fahcsia.gov.au/guides_acts/> at 22 July 2011, [2.2.1.10] (General Procedures for Verifying Identity).

[2] Department of Families, Housing, Community Services and Indigenous Affairs, Guide to Social Security Law <www.fahcsia.gov.au/guides_acts/> at 22 July 2011, [2.2.1.10] (General Procedures for Verifying Identity).

[3]Social Security (Administration) Act 1999 (Cth) ss 8, 75; Department of Families, Housing, Community Services and Indigenous Affairs, Guide to Social Security Law <www.fahcsia.gov.au/guides_acts/> at 22 July 2011, [2.2.1.10] (General Procedures for Verifying Identity); [8.1.3.20] (Providing TFN Information).

[4] Department of Families, Housing, Community Services and Indigenous Affairs, Guide to Social Security Law <www.fahcsia.gov.au/guides_acts/> at 22 July 2011, [2.2.1.10] (General Procedures for Verifying Identity).

[5] Ibid, [2.2.1.40] (Persons Experiencing Difficulty with Identity Verification).

[6] Ibid, [2.2.1.40] (Persons Experiencing Difficulty with Identity Verification).