Victoria Legal Aid

Allowances and payments

Information about who may be eligible for assistance from Centrelink, how assistance may be affected if you have a partner, what to do if Centrelink thinks you have been overpaid and when Centrelink may visit you at home.

The rules for Centrelink payments are very complicated. There are different tests for different types of payments.

The best way to find out if you can get a payment is to apply. If you are eligible, the type of payment and how much you get depends on your circumstances.

Centrelink payments include:

  • Age and Disability Pensions
  • Carer Payment and Carer Allowance
  • Family Tax Benefits
  • Parenting Payment
  • JobSeeker (previously Newstart) Allowance (for unemployed people or people bereaved by the death of their spouse, child or someone in their care)
  • Austudy (for full-time students)
  • Youth Allowance
  • Special Benefits.

The amount of your Centrelink payment usually depends on whether you are studying, are a parent or a member of a couple, and your level of income and assets. Read Allowances and payments.

You can ask for a review by an authorised review officer if you disagree with a Centrelink decision. If you disagree with the authorised review officer's decision you can then appeal to the Administrative Appeals Tribunal, which is an external body that is independent of Centrelink.

Centrelink may also review your payments and visit your home or conduct an investigation.

You may have to repay any money you were overpaid if you:

  • receive a Centrelink benefit you aren’t entitled to
  • don’t inform Centrelink when something changes that may affect your payments.

You could also be charged with an offence if Centrelink believes you have intentionally or knowingly been overpaid. Read Centrelink overpayments and offences.

What is a benefit?

A benefit is a payment that helps you if you have a temporary problem with your income because you:

  • are unemployed and looking for work
  • are unable to work for a while because you are sick or injured
  • need help to stay at school.

Benefits include:

  • JobSeeker (previously Newstart) Allowance
  • Youth Allowance
  • Parenting Payment (if you have a partner)
  • Austudy.

What is a pension?

A pension is a payment that helps you if you cannot earn an income for an ongoing reason. Pensions include:

  • age pensions
  • disability pensions
  • carer payments
  • parenting payment (if you do not have a partner).

Income and assets tests

Centrelink uses two tests to decide if you can get a payment, and how much that payment will be. The tests include an income test (how much you earn) and an asset test (how much you own).

If you are legally blind, Centrelink does not use these tests for the age or disability pensions.

If you are under 22 and get financial support from your parents, Centrelink also looks at your parents’ income and assets.

If you have a partner, Centrelink also looks at your partner’s income and assets.

Payments

If you apply for a payment, Centrelink will write to you to tell you about its decision.

The amount you get depends on your income, assets and family circumstances, such as:

  • how many children you support financially
  • whether your parents support your financially
  • whether you are single or have a partner.

If you receive a benefit or pension, you may also be able to get rent assistance.

Single or member of a couple

If you have a partner, Centrelink usually pays you less. Centrelink says you have a partner if you are:

  • married, unless you live apart and do not plan to live together again
  • in a registered relationship, unless you live apart and do not plan to live together again
  • in a de facto relationship, meaning you are not married but live together like you are married.

These rules about relationships apply regardless of gender or sexual preference.

If you have separated from your partner but live in the same home, you can ask Centrelink to decide you are single. Centrelink may ask you for evidence (proof) that you have separated.

If you are not sure whether you are single or have a partner, get legal advice.

Economic Justice AustraliaExternal Link has a fact sheet about how Centrelink decides whether you are single or have a partner.

Every time your circumstances change, tell Centrelink. This includes changes to your income, assets and whether you are single or have a partner.

Changes can affect how you are paid and how much you are paid. There can be problems if you do not tell Centrelink. You could be overpaid and have a debt. You could also be charged with criminal offences.

If you are not sure if the change will affect your Centrelink payments, get legal help.

If you are overpaid and have a debt

If Centrelink says you have been overpaid, the amount you have been overpaid is a debt owed to Centrelink. They will send you a letter giving you 28 days to pay the debt. In some cases, a 10 per cent penalty can be added to your debt.

You can get legal help before paying your debt or speaking with Centrelink.

Check Centrelink’s calculations carefully to make sure they have not made a mistake. You can ask Centrelink for a copy of your file to check the information on it.

Paying a debt

If you have to repay a debt, Centrelink can:

  • take money from your Centrelink payment
  • work out a repayment plan with you
  • take money from your wages, bank account or tax return
  • ask a court to make an order about how the money will be repaid.

If you can’t afford the debt repayments, you can contact Centrelink to work out how much you can pay monthly or fortnightly.

If you disagree with Centrelink’s decision, you may be able to get a review or appeal a decision. You may also be able to ask Centrelink to waive (ignore) or write-off (not follow up) your debt. Get other support for Centrelink.

More information

Youth allowance and payments for young people

Disagreeing with a Centrelink decision

Your rights if Centrelink investigates you

Other support

Find out how you can get other support for Centrelink.

Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au

Reviewed 15 July 2022

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