Clean Energy (Household Assistance Amendments) Act 2011 (Cth)
This compilation was prepared on 1 January 2013
taking into account amendments up to Act No. 98 of 2012
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Parliamentary Counsel, Canberra
Contents
This Act may be cited as the
Clean Energy (Household Assistance Amendments) Act 2011 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 29 November 2011 |
Schedule 1, Part 1 | 14 May 2012 However, if section 3 of the | 14 May 2012 |
Schedule 1, Part 2, Division 1 | 20 March 2013 However, if section 3 of the | 20 March 2013 |
Schedule 1, Part 2, Division 2 | 1 January 2014 However, if section 3 of the | 1 January 2014 |
Schedule 1, Parts 3, 4 and 5 | 20 March 2013 However, if section 3 of the | 20 March 2013 |
Schedule 2 | 14 May 2012 However, if section 3 of the | 14 May 2012 |
Schedule 3, Part 1 | 14 May 2012. However, if section 3 of the | 14 May 2012 |
Schedule 3, Parts 2 and 3 | 20 March 2013. However, if section 3 of the | 20 March 2013 |
Schedule 4, Part 1 | 14 May 2012. However, if section 3 of the | 14 May 2012 |
Schedule 4, Part 2, Division 1 | 20 March 2013. However, if section 3 of the | 20 March 2013 |
Schedule 4, Part 2, Division 2 | 1 July 2013. However, if section 3 of the | 1 July 2013 |
Schedule 4, Part 3 | 1 July 2013. However, if section 3 of the | 1 July 2013 |
Schedule 5 | 14 May 2012 However, if section 3 of the | 14 May 2012 |
Schedule 6 | Immediately after the commencement of the provision(s) covered by table item 2. | 14 May 2012 |
Schedule 7 | Immediately after the commencement of the provision(s) covered by table item 14. | 14 May 2012 |
Schedule 8 | Immediately after the commencement of the provision(s) covered by table item 6. | 14 May 2012 |
Schedule 9 | 1 July 2012 However, if section 3 of the | 1 July 2012 |
Schedule 10 | 14 May 2012 However, if section 3 of the | 14 May 2012 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Insert:
Qualification for days 14 May 2012 to 30 June 2012
(1) The Secretary may, on a day during the period starting on 14 May 2012 and ending on 30 June 2012, determine that a person is qualified for a clean energy advance if, on that day:
(a) the person receives one of the social security payments set out in subsection (4); and
(b) the person’s rate of payment is greater than nil; and
(ba) the person is residing in Australia; and
(c) the person is in Australia.
Qualification for days 1 July 2012 to 19 March 2013
(2) The Secretary may determine that a person is qualified for a clean energy advance if, on a day during the period starting on 1 July 2012 and ending on 19 March 2013:
(a) the person receives one of the social security payments set out in subsection (4); and
(b) the person’s rate of payment is greater than nil; and
(ba) the person is residing in Australia; and
(c) the person is in Australia.
(3) A determination under subsection (2) must specify the first day during the period set out in that subsection for which the person:
(a) satisfies paragraphs (2)(a), (b) and (ba); and
(b) is in Australia, disregarding any temporary absence from Australia for a continuous period not exceeding 13 weeks.
Clean energy qualifying payments
(4) The social security payments (the
clean energy qualifying payments ) are as follows:
(a) age pension;
(b) benefit PP (partnered);
(c) bereavement allowance;
(d) carer payment;
(e) disability support pension (other than for a person who is under 21 with no dependent children);
(f) newstart allowance;
(g) pension PP (single);
(h) partner allowance;
(i) seniors supplement;
(j) sickness allowance;
(k) special benefit, whose rate is worked out as if the person were qualified for newstart allowance;
(l) widow allowance;
(m) widow B pension;
(n) wife pension.
Qualification for days 14 May 2012 to 30 June 2012
(1) The Secretary may, on a day during the period starting on 14 May 2012 and ending on 30 June 2012, determine that a person is qualified for a clean energy advance if, on that day:
(a) the person receives one of the social security payments set out in subsection (5); and
(b) the person’s rate of payment is greater than nil; and
(ba) the person is residing in Australia; and
(c) the person is in Australia.
Qualification for days 1 July 2012 to 30 June 2013
(2) The Secretary may determine that a person is qualified for a clean energy advance if, on a day during the period starting on 1 July 2012 and ending on 30 June 2013:
(a) the person receives one of the social security payments set out in subsection (5); and
(b) the person’s rate of payment is greater than nil; and
(ba) the person is residing in Australia; and
(c) the person is in Australia.
Qualification for days 1 July 2013 to 31 December 2013
(3) The Secretary may determine that a person is qualified for a clean energy advance if, on a day during the period starting on 1 July 2013 and ending on 31 December 2013:
(a) the person receives one of the social security payments set out in subsection (5); and
(b) the person’s rate of payment is greater than nil; and
(ba) the person is residing in Australia; and
(c) the person is in Australia.
First day of qualification under subsection (2) or (3)
(4) A determination under subsection (2) or (3) must specify the first day during the period set out in that subsection for which the person:
(a) satisfies paragraphs (a), (b) and (ba) of that subsection; and
(b) is in Australia, disregarding any temporary absence from Australia for a continuous period not exceeding 13 weeks.
Clean energy qualifying payments
(5) The social security payments (the
clean energy qualifying payments ) are as follows:
(a) austudy payment;
(b) disability support pension for a person who is under 21 with no dependent children;
(c) special benefit, whose rate is worked out as if the person were qualified for austudy payment or youth allowance;
(d) youth allowance.
(1) For the purposes of section 914 or 914A, a person is taken to receive a social security payment at a rate greater than nil even if the person’s rate would be nil merely because:
(a) an election by the person under subsection 1061VA(1) is in force; or
(b) the person has been paid an advance pharmaceutical allowance under the social security law.
(2) For the purposes of section 914 or 914A, if a social security payment is payable to a person because of subsection 23(1D), the person is taken to receive that payment at a rate greater than nil.
(1) A person cannot qualify for more than one clean energy advance under section 914.
(2) A person can qualify for at most 2 clean energy advances under section 914A:
(a) one under either subsection 914A(1) or (2); and
(b) one under subsection 914A(3).
(3) A person who has qualified for a clean energy advance under subsection 914(1) or 914A(1) cannot qualify for a clean energy advance under the other of those subsections.
Note 1: Further limits may be determined under section 918.
Note 2: Top‑up payments of clean energy advance may be payable under Subdivision C if the person’s circumstances change during the person’s clean energy advance period.
(1) On the day (the
decision day ) that the Secretary determines that a person (therecipient ) is qualified for a clean energy advance, the Secretary must work out the amount of the advance.Note: The advance will be paid in a lump sum as soon as is reasonably practicable (see section 47D of the Administration Act).
(2) The amount of the advance is the result of the following formula rounded up to the nearest multiple of $10:
(1) The recipient’s
clean energy advance daily rate is worked out as follows:
1 | (a) age pension; or (b) bereavement allowance; or
(d) wife pension; or (e) carer payment; or (f) seniors supplement; or (g) widow B pension; or
| subsection (2) |
2 | one of the following payments, and the recipient is under pension age on the decision day:
(b) pension PP (single);
| subsection (3) |
3 | one of the following payments, and the recipient is under pension age on the decision day:
(b) sickness allowance; (c) partner allowance; (d) widow allowance; (e) benefit PP (partnered);
| subsection (4) |
4 | disability support pension to which subsection 1066A(1) or 1066B(1) applies | subsection (5) |
5 | one of the following payments, and the recipient is under pension age on the decision day: (a) austudy payment; (b) youth allowance, if:
| subsection (6) |
6 | youth allowance, whose rate is worked out by adding a youth disability supplement | subsection (7) |
Note: For
recipient anddecision day , see subsection 914D(1).
Rate for payments set out in item 1 of the table
(2) The recipient’s
clean energy advance daily rate is worked out by:
(a) working out 1.7% of the total of:
(i) double the maximum basic rate under Pension Rate Calculator A, worked out for 1 July 2012 for a person who is partnered; and
(ii) the combined couple rate of pension supplement for 1 July 2012; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of $5.20 (rounding up if that result is not a multiple of $5.20 but is a multiple of $2.60); and
(c) adding $5.20 to the result of paragraph (b); and
(d) applying the applicable percentage in the following table to the result of paragraph (c); and
(e) rounding the result of paragraph (d) up or down to the nearest multiple of $2.60 (rounding up if that rate is not a multiple of $2.60 but is a multiple of $1.30); and
(f) dividing the result of paragraph (e) by 364.
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Note: This subsection covers payments covered by Pension Rate Calculator A, B or C, seniors supplement, recipients of other payments who have reached pension age and recipients of pensions covered by clause 146 of Schedule 1A.
Rate for payments set out in item 2 of the table
(3) The recipient’s
clean energy advance daily rate is worked out by:
(a) working out 1.7% of the total of the maximum basic rate, and the pension supplement basic amount, for the clean energy qualifying payment, worked out:
(i) for 1 July 2012; and
(ii) for a person in circumstances the same as the recipient’s on the advance qualification day; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that result is not a multiple of $2.60 but is a multiple of $1.30); and
(c) adding $5.20 to the result of paragraph (b); and
(d) dividing the result of paragraph (c) by 364.
Rate for payments set out in item 3 of the table
(4) The recipient’s
clean energy advance daily rate is worked out by:
(a) working out 1.7% of the maximum basic rate for the clean energy qualifying payment, worked out:
(i) for 1 July 2012; and
(ii) for a person in circumstances the same as the recipient’s on the advance qualification day; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and
(c) adding 20 cents to the result of paragraph (b); and
(d) dividing the result of paragraph (c) by 14.
Rate for payments set out in item 4 of the table
(5) The recipient’s
clean energy advance daily rate is worked out by:
(a) working out 1.7% of the total of the maximum basic rate, and the youth disability supplement, for the clean energy qualifying payment, worked out:
(i) for the first day of the recipient’s clean energy advance period; and
(ii) for a person in circumstances the same as the recipient’s on the advance qualification day; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that result is not a multiple of $2.60 but is a multiple of $1.30); and
(c) adding $5.20 to the result of paragraph (b); and
(d) dividing the result of paragraph (c) by 364.
Rate for payments set out in item 5 of the table
(6) The recipient’s
clean energy advance daily rate is worked out by:
(a) working out 1.7% of the maximum basic rate for the clean energy qualifying payment, worked out:
(i) for the first day of the recipient’s clean energy advance period; and
(ii) for a person in circumstances the same as the recipient’s on the advance qualification day; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and
(c) adding 20 cents to the result of paragraph (b); and
(d) dividing the result of paragraph (c) by 14.
Rate for payments set out in item 6 of the table
(7) The recipient’s
clean energy advance daily rate is worked out by:
(a) working out 1.7% of the total of the maximum basic rate, and the youth disability supplement, for the clean energy qualifying payment, worked out:
(i) for the first day of the recipient’s clean energy advance period; and
(ii) for a person in circumstances the same as the recipient’s on the advance qualification day; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and
(c) adding 20 cents to the result of paragraph (b); and
(d) dividing the result of paragraph (c) by 14.
The recipient’s
number of advance days is the number of days in the recipient’s clean energy advance period that are on or after:
(a) if the recipient qualifies for the clean energy advance before 1 July 2012—1 July 2012; or
(b) otherwise—the advance qualification day.
(1) The Minister may by legislative instrument determine that persons:
(a) who have been paid the amount (the
original payment ) of a specified clean energy advance worked out under Subdivision B in relation to a clean energy qualifying payment (theoriginal qualifying payment ); and(b) whose circumstances change, within a period specified in the instrument, in a way that is specified in the instrument and is covered by subsection (2) or (3);
qualify for a further payment, of the amount worked out in accordance with the instrument, of clean energy advance.
(2) This subsection covers a person’s circumstances changing in a way such that:
(a) on the day (the
change day ) the change happens, the person was still receiving the original qualifying payment; and(b) had the amount of the original payment been worked out by reference to the person’s circumstances on the change day (rather than those on the advance qualification day), a greater clean energy advance daily rate would have been used for working out that amount than the rate actually used for working out that amount.
(3) This subsection covers a change in a person’s circumstances that, apart from a multiple qualification exclusion, would (if any necessary administrative decisions were made) qualify the person for a clean energy bonus, under an Act or a scheme, relating to a payment other than the original qualifying payment.
(4) For the purposes of subsection (3), a
multiple qualification exclusion is an instrument that:
(a) provides a person is not qualified for a clean energy bonus under an Act or a scheme because of the person’s qualification for or receipt of the original payment or the original qualifying payment; and
(b) is made under:
(i) section 918; or
(ii) section 424L of the MRCA; or
(iii) section 65A of the Veterans’ Entitlements Act;
or is an instrument establishing qualifications for a clean energy bonus under a scheme.
(5) An instrument under subsection (1) may provide for:
(a) different periods for changes in circumstances depending on different changes in circumstances; and
(b) different ways of working out further amounts of the original payment depending on different changes in circumstances.
(1) The Minister may by legislative instrument determine that persons in circumstances specified in the instrument cannot qualify for a clean energy bonus under this Act that is specified in the instrument.
(2) Those circumstances must relate to persons’ qualification for or receipt of one or more of the following:
(a) a clean energy bonus under this Act;
(b) a clean energy bonus under the MRCA;
(c) a clean energy bonus under the Veterans’ Entitlements Act;
(d) a clean energy bonus under a scheme (however described), whether or not the scheme is provided for, by or under an Act.
(3) An instrument under subsection (1) has effect according to its terms, despite any other provision of this Act.
Insert:
advance qualification day means:
(a) for a person qualifying for a clean energy advance because of a determination made under subsection 914(1) or 914A(1)—the day that determination is made; or
(b) for a person qualifying for a clean energy advance because of a determination made under subsection 914(2)—the day specified in that determination because of subsection 914(3); or
(c) for a person qualifying for a clean energy advance because of a determination made under subsection 914A(2) or (3)—the day specified in that determination because of subsection 914A(4).
Note: The day specified in the determination because of subsection 914(3) or 914A(4) is the first day during the clean energy advance period for which the person satisfies the qualification requirements, disregarding any short temporary absence from Australia.
Insert:
clean energy advance means an advance described in Subdivision A or C of Division 1 of Part 2.18A.
Insert:
clean energy advance daily rate has the meaning given by section 914E.
Insert:
clean energy advance period means:
(a) for a person qualifying under section 914 for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013; or
(b) for a person qualifying under subsection 914A(1) or (2) for a clean energy advance—the period starting on 1 July 2012 and ending on 30 June 2013; or
(c) for a person qualifying under subsection 914A(3) for a clean energy advance—the period starting on 1 July 2013 and ending on 31 December 2013.
Insert:
clean energy bonus under an Act or scheme means any of the following that is provided for by the Act or scheme:
(a) a payment known as a clean energy advance;
(c) an increase that is described using the phrase “clean energy” and affects the rate of another payment that is provided for by the Act or scheme.
Insert:
clean energy payment means:
(a) clean energy advance; or
Insert:
clean energy qualifying payment , for a person, means:
(a) for a person qualifying under section 914 for a clean energy advance—the social security payment set out in subsection 914(4) that the person is receiving on the advance qualification day; or
(b) for a person qualifying under section 914A for a clean energy advance—the social security payment set out in subsection 914A(5) that the person is receiving on the advance qualification day.
Insert:
number of advance days has the meaning given by section 914F.
Insert:
(1) This section applies if:
(a) an individual is paid a clean energy advance; and
(b) after the advance is paid, one of the following events happens to a determination that directly or indirectly affects the payability or amount of the advance paid to the individual:
(i) the determination is changed, revoked or set aside;
(ii) the determination is superseded by another determination; and
(c) the event happens wholly or partly because the individual knowingly made a false or misleading statement or knowingly provided false information; and
(d) had the event happened on or before the day the advance was paid:
(i) the advance would not have been paid; or
(ii) the advance would have been reduced.
Note 1: Examples of determinations directly affecting the payability or amount of the clean energy advance are as follows:
(a) a determination relating to the person’s qualification for the clean energy qualifying payment to which the advance related;
(b) the determination of the person’s qualification for the clean energy advance.
Note 2: An example of a determination indirectly affecting the amount of the advance is a determination relating to a change in circumstances that results in the person qualifying for a further payment of the advance under an instrument made under section 914G.
Creation and amount of debt
(2) The advance is a debt due to the Commonwealth by the individual if subparagraph (1)(d)(i) applies.
(3) The amount by which the advance would have been reduced is a debt due to the Commonwealth by the individual if subparagraph (1)(d)(ii) applies.
Relationship with other sections
(4) Apart from section 1224AA, the other provisions of this Part under which debts arise do not apply in relation to clean energy advances.
Insert:
A claim is not required for a clean energy advance.
Insert:
The
clean energy pension rate is the rate worked out by:
(a) working out 1.7% of the total of:
(i) double the maximum basic rate under Pension Rate Calculator A, worked out for 20 March 2013 for a person who is partnered; and
(ii) the combined couple rate of pension supplement for 20 March 2013; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of $5.20 (rounding up if that result is not a multiple of $5.20 but is a multiple of $2.60).
Note 1: This rate is indexed 6 monthly in line with CPI increases (see sections 1191 to 1194).
Note 2: This is an annual rate.
Insert:
clean energy pension rate has the meaning given by section 20B.
Insert:
clean energy supplement , for a person, means the addition under the clean energy supplement Module (if any) of the relevant Rate Calculator when working out the rate of the person’s social security payment.
Insert:
clean energy (under pension age) rate , for a person, means the person’s clean energy (under pension age) rate worked out under the clean energy supplement Module (if any) of the Rate Calculator for the person’s social security payment.
Insert:
clean energy (youth disability) rate has the meaning given by point 1067G‑BA6.
Repeal the section, substitute:
The person’s daily rate of seniors supplement, for a particular day, is 1/364 of the amount worked out by:
(a) applying the applicable percentage in the following table to the combined couple rate of minimum pension supplement; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that result is not a multiple of $2.60 but is a multiple of $1.30); and
(c) applying the applicable percentage in the following table to the clean energy pension rate if, on that day, the person is residing in Australia and:
(i) is in Australia; or
(ii) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks; and
(d) rounding the result of paragraph (c), if any, up or down to the nearest multiple of $2.60 (rounding up if that result is not a multiple of $2.60 but is a multiple of $1.30); and
(e) totalling the results of paragraphs (b) and (d).
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Note 1: For
combined couple rate of minimum pension supplement , see subsection 20A(2).Note 2: For
clean energy pension rate , see section 20B.Note 3: Section 918 may affect the person’s qualification for the increase in rate of seniors supplement as a result of paragraphs (c) and (d).
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Point 1064‑A1 (method statement, after step 1A) Insert:
Step 1B. Work out the clean energy supplement (if any) using Module C below.
After “1A”, insert “, 1B”.
Insert:
1064‑C1 A clean energy supplement is to be added to the person’s maximum basic rate if the person is residing in Australia and:
(a) is in Australia; or
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks.
Note: Section 918 may affect the addition of the clean energy supplement.
1064‑C2 However, this Module does not apply if quarterly clean energy supplement is payable to the person.
1064‑C3 The person’s clean energy supplement is the amount worked out by:
(a) applying the applicable percentage in the following table to the clean energy pension rate; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that rate is not a multiple of $2.60 but is a multiple of $1.30).
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Note: For
clean energy pension rate , see section 20B.
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Point 1065‑A1 (method statement, after step 2A) Insert:
Step 3. Work out the clean energy supplement (if any) using Module C below.
Omit “and 2A”, substitute “, 2A and 3”.
Insert:
1065‑C1 A clean energy supplement is to be added to the person’s maximum basic rate if the person is residing in Australia and:
(a) is in Australia; or
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks.
Note: Section 918 may affect the addition of the clean energy supplement.
1065‑C2 However, this Module does not apply if quarterly clean energy supplement is payable to the person.
1065‑C3 The person’s clean energy supplement is the amount worked out by:
(a) applying the applicable percentage in the following table to the clean energy pension rate; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that rate is not a multiple of $2.60 but is a multiple of $1.30).
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Note: For
clean energy pension rate , see section 20B.
24
Point 1066‑A1 (method statement, after step 1A) Insert:
Step 2. Work out the clean energy supplement (if any) using Module C below.
After “1A”, insert “, 2”.
Insert:
1066‑C1 A clean energy supplement is to be added to the person’s maximum basic rate if the person is residing in Australia and:
(a) is in Australia; or
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks.
However, this Module does not apply if quarterly clean energy supplement is payable to the person.
Note: Section 918 may affect the addition of the clean energy supplement.
1066‑C2 The person’s clean energy supplement is the amount worked out by:
(a) applying the applicable percentage in the following table to the clean energy pension rate; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that rate is not a multiple of $2.60 but is a multiple of $1.30).
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Note: For
clean energy pension rate , see section 20B.
27
Point 1068‑A1 (method statement, after step 1A) Insert:
Step 1B. Work out the clean energy supplement (if any) using Module C below.
Insert:
1068‑C1 A clean energy supplement is to be added to the person’s (the
recipient’s ) maximum basic rate if the recipient is residing in Australia and:
(a) is in Australia; or
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks.
However, this Module does not apply if quarterly clean energy supplement is payable to the recipient.
Note: Section 918 may affect the addition of the clean energy supplement.
Recipient has reached pension age
1068‑C2 If the recipient has reached pension age and is not covered by point 1068‑B5, the recipient’s clean energy supplement is 1/26 of the amount worked out by:
(a) applying the applicable percentage in the following table to the clean energy pension rate; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that rate is not a multiple of $2.60 but is a multiple of $1.30).
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Note: For
clean energy pension rate , see section 20B.
Recipient has not reached pension age
1068‑C3 If the recipient has not reached pension age and is not covered by point 1068‑B5, the recipient’s clean energy supplement is the recipient’s clean energy (under pension age) rate.
1068‑C4 The recipient’s
clean energy (under pension age) rate is worked out by:
(a) working out 1.7% of the maximum basic rate, worked out:
(i) for 20 March 2013; and
(ii) for a person whose circumstances on that day were the same as the recipient’s current circumstances; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents).
Note: This rate for those circumstances, and the rates for persons with different circumstances, are indexed 6 monthly in line with CPI increases (see sections 1191 to 1194).
Recipient covered by point 1068‑B5
1068‑C5 If the recipient is covered by point 1068‑B5, the recipient’s clean energy supplement is the rate worked out under Module BB of the Pension PP (Single) Rate Calculator as if the recipient were receiving parenting payment.
29
Point 1068A‑A1 (method statement, after step 1A) Insert:
Step 1B. Work out the clean energy supplement (if any) using Module BB below.
After “1A,”, insert “1B,”.
Insert:
1068A‑BB1 A clean energy supplement is to be added to the person’s (the
recipient’s ) maximum basic rate if the recipient is residing in Australia and:
(a) is in Australia; or
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks.
However, this Module does not apply if quarterly clean energy supplement is payable to the recipient.
Note: Section 918 may affect the addition of the clean energy supplement.
Recipient has reached pension age
1068A‑BB2 If the recipient has reached pension age, the recipient’s clean energy supplement is the amount worked out by:
(a) applying the applicable percentage in the following table to the clean energy pension rate; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that rate is not a multiple of $2.60 but is a multiple of $1.30).
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Note: For
clean energy pension rate , see section 20B.
Recipient has not reached pension age
1068A‑BB3 If the recipient has not reached pension age, the recipient’s clean energy supplement is the recipient’s clean energy (under pension age) rate.
1068A‑BB4 The recipient’s
clean energy (under pension age) rate is worked out by:
(a) working out 1.7% of the total of the maximum basic rate, and the pension supplement basic amount, worked out:
(i) for 20 March 2013; and
(ii) for a person whose circumstances on that day were the same as the recipient’s current circumstances; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that result is not a multiple of $2.60 but is a multiple of $1.30).
Note: This rate for those circumstances, and the rates for persons with different circumstances, are indexed 6 monthly in line with CPI increases (see sections 1191 to 1194).
32
Point 1068B‑A2 (method statement, after step 2A) Insert:
Step 2B. Work out the clean energy supplement (if any) using Module DB below.
33
Point 1068B‑A3 (method statement, after step 2A) Insert:
Step 2B. Work out the clean energy supplement (if any) using Module DB below.
Insert:
1068B‑DB1 A clean energy supplement is to be added to the person’s (the
recipient’s ) maximum basic rate if the recipient is residing in Australia and:
(a) is in Australia; or
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks.
However, this Module does not apply if quarterly clean energy supplement is payable to the recipient.
Note: Section 918 may affect the addition of the clean energy supplement.
Recipient has reached pension age
1068B‑DB2 If the recipient has reached pension age, the recipient’s clean energy supplement is 1/26 of the amount worked out by:
(a) applying the applicable percentage in the following table to the clean energy pension rate; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that rate is not a multiple of $2.60 but is a multiple of $1.30).
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Note: For
clean energy pension rate , see section 20B.
Recipient has not reached pension age
1068B‑DB3 If the recipient has not reached pension age, the recipient’s clean energy supplement is the recipient’s clean energy (under pension age) rate.
1068B‑DB4 The recipient’s
clean energy (under pension age) rate is worked out by:
(a) working out 1.7% of the maximum basic rate, worked out:
(i) for 20 March 2013; and
(ii) for a person whose circumstances on that day were the same as the recipient’s current circumstances; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents).
Note: This rate for those circumstances, and the rates for persons with different circumstances, are indexed 6 monthly in line with CPI increases (see sections 1191 to 1194).
Insert:
(ia) the person’s clean energy supplement (if any) (see subclause 149(5)); and
Add:
Clean energy supplement
(5) If subclause 147(1) or (2) is relevant to the person, the social security law applies in relation to the person’s pension as if:
(a) the clean energy supplement Module of the relevant Pension Rate Calculator were the same as Module C of Pension Rate Calculator A; and
(b) the person’s clean energy supplement (if any) resulting from that Module were used to work out the rate of the person’s pension.
Note 1: This clean energy supplement is included in the total worked out under paragraph 146(4)(a) (see subparagraph 146(4)(a)(ia)).
Note 2: This subclause causes Division 2 of Part 2.18A (Quarterly clean energy supplement) of this Act to apply. If quarterly clean energy supplement is payable, then no clean energy supplement will be available to be included in the total worked out under paragraph 146(4)(a) (see point 1064‑C1 of this Act).
Note 3: Other effects of this subclause include:
(a) the possibility of the minimum amount of fortnightly instalments of the pension being affected under section 43 of the Administration Act; and
(b) that section 1210 will affect the operation of reductions of the maximum payment rate because of the income test and assets test.
Repeal the subsection, substitute:
(3) The amount of the instalment is worked out by:
(a) working out the amount of the person’s seniors supplement for each day during the test period on which the person was qualified for seniors supplement; and
(b) adding up the amounts resulting from paragraph (a).
38
Point 1066A‑A1 (method statement, after step 1) Insert:
Step 1A. Work out the clean energy supplement (if any) using Module BA below.
After “1, ”, insert “1A,”.
Insert:
1066A‑BA1 A clean energy supplement is to be added to the person’s maximum basic rate if the person is residing in Australia and:
(a) is in Australia; or
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks.
However, this Module does not apply if quarterly clean energy supplement is payable to the person.
Note: Section 918 may affect the addition of the clean energy supplement.
1066A‑BA2 The person’s (the
recipient’s ) clean energy supplement is the recipient’s clean energy (under pension age) rate.
1066A‑BA3 For the purposes of point 1066A‑BA2, the recipient’s
clean energy (under pension age) rate is worked out by:
(a) working out 1.7% of the total of the maximum basic rate, and the youth disability supplement, worked out:
(i) for 1 January 2014; and
(ii) for a person whose circumstances on that day were the same as the recipient’s current circumstances; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that result is not a multiple of $2.60 but is a multiple of $1.30).
Note: This rate for those circumstances, and the rates for persons with different circumstances, are indexed 12 monthly in line with CPI increases (see sections 1191 to 1194).
41
Point 1066B‑A1 (method statement, after step 2) Insert:
Step 2A. Work out the clean energy supplement (if any) using Module BA below.
After “2,”, insert “2A,”.
Insert:
1066B‑BA1 A clean energy supplement is to be added to the person’s maximum basic rate if the person is residing in Australia and:
(a) is in Australia; or
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks.
However, this Module does not apply if quarterly clean energy supplement is payable to the person.
Note: Section 918 may affect the addition of the clean energy supplement.
1066B‑BA2 The person’s (the
recipient’s ) clean energy supplement is the recipient’s clean energy (under pension age) rate.
1066B‑BA3 For the purposes of point 1066B‑BA2, the recipient’s
clean energy (under pension age) rate is worked out by:
(a) working out 1.7% of the total of the maximum basic rate, and the youth disability supplement, worked out:
(i) for 1 January 2014; and
(ii) for a person whose circumstances on that day were the same as the recipient’s current circumstances; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that result is not a multiple of $2.60 but is a multiple of $1.30).
Note: This rate for those circumstances, and the rates for persons with different circumstances, are indexed 12 monthly in line with CPI increases (see sections 1191 to 1194).
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Point 1067G‑A1 (method statement, after step 1) Insert:
Step 1A. Work out the clean energy supplement (if any) using Module BA below.
Insert:
1067G‑BA1 A clean energy supplement is to be added to the person’s (the
recipient’s ) maximum basic rate if the recipient is residing in Australia and:
(a) is in Australia; or
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks.
However, this Module does not apply if quarterly clean energy supplement is payable to the recipient.
Note: Section 918 may affect the addition of the clean energy supplement.
General case—recipient not covered by point 1067G‑B3A and youth disability supplement not added
1067G‑BA2 The recipient’s clean energy supplement is the recipient’s clean energy (under pension age) rate if:
(a) the recipient is not covered by point 1067G‑B3A; and
(b) an amount of youth disability supplement is not added under Module D to the recipient’s rate.
1067G‑BA3 For the purposes of point 1067G‑BA2, the recipient’s
clean energy (under pension age) rate is worked out by:
(a) working out 1.7% of the maximum basic rate, worked out:
(i) for 1 January 2014; and
(ii) for a person whose circumstances on that day were the same as the recipient’s current circumstances; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents).
Note: This rate for those circumstances, and the rates for persons with different circumstances, are indexed 12 monthly in line with CPI increases (see sections 1191 to 1194).
Recipient covered by point 1067G‑B3A
1067G‑BA4 If the recipient is covered by point 1067G‑B3A, the recipient’s clean energy supplement is the rate worked out under Module BB of the Pension PP (Single) Rate Calculator as if the recipient were receiving parenting payment.
Youth disability supplement added to the recipient’s rate
1067G‑BA5 If an amount of youth disability supplement is added under Module D to the recipient’s rate, the recipient’s clean energy supplement is the recipient’s clean energy (youth disability) rate.
1067G‑BA6 The recipient’s
clean energy (youth disability) rate is worked out by:
(a) working out 1.7% of the total of the maximum basic rate, and the youth disability supplement, worked out:
(i) for 1 January 2014; and
(ii) for a person whose circumstances on that day were the same as the recipient’s current circumstances; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents).
Note: This rate for those circumstances, and the rates for persons with different circumstances, are indexed 12 monthly in line with CPI increases (see sections 1191 to 1194).
46
Point 1067L‑A1 (method statement, after step 1A) Insert:
Step 1B. Work out the clean energy supplement (if any) using Module BB below.
After “1A,”, insert “1B,”.
Insert:
1067L‑BB1 A clean energy supplement is to be added to the person’s (the
recipient’s ) maximum basic rate if the recipient is residing in Australia and:
(a) is in Australia; or
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 13 weeks.
However, this Module does not apply if quarterly clean energy supplement is payable to the recipient.
Note: Section 918 may affect the addition of the clean energy supplement.
Recipient has reached pension age
1067L‑BB2 If the recipient has reached pension age, the recipient’s clean energy supplement is 1/26 of the amount worked out by:
(a) applying the applicable percentage in the following table to the clean energy pension rate; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of $2.60 (rounding up if that rate is not a multiple of $2.60 but is a multiple of $1.30).
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Note: For
clean energy pension rate , see section 20B.
Recipient has not reached pension age
1067L‑BB3 If the recipient has not reached pension age, the recipient’s clean energy supplement is the recipient’s clean energy (under pension age) rate.
1067L‑BB4 The recipient’s
clean energy (under pension age) rate is worked out by:
(a) working out 1.7% of the maximum basic rate, worked out:
(i) for 1 January 2014; and
(ii) for a person whose circumstances on that day were the same as the recipient’s current circumstances; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents).
Note: This rate for those circumstances, and the rates for persons with different circumstances, are indexed 12 monthly in line with CPI increases (see sections 1191 to 1194).
Insert:
Quarterly clean energy supplement is payable to a person for each day for which an election by the person under subsection 915A(1) or 1061VA(1) is in force in relation to a social security payment the person is receiving.
Note: Section 918 may affect the person’s qualification for quarterly clean energy supplement.
(1) If:
(a) Part 2.25C (about quarterly pension supplement) does not apply to a person in relation to a social security payment the person is receiving; and
(b) clean energy supplement is used to work out the rate of that social security payment;
the person may, in a manner or way approved by the Secretary, make an election to receive the person’s clean energy supplement under this Division as a separate social security payment.
Note: The person could make an election under subsection 1061VA(1) if Part 2.25C applies to the person in relation to the social security payment. That election would cause quarterly clean energy supplement to be payable (see section 915).
(2) An election comes into force as soon as practicable after it is made.
(3) An election ceases to be in force if the person ceases to receive a social security payment (a
main payment ) calculated using a Rate Calculator that has a clean energy supplement Module.(4) The person may, in a manner or way approved by the Secretary, revoke an election. A revocation takes effect as soon as practicable after it happens.
(1) The person’s daily rate of quarterly clean energy supplement, for a particular day, is:
(a) if the Rate Calculator for the main payment received on that day produces an annual rate—1/364 of the amount that, apart from this Division, would be the person’s clean energy supplement for that day; or
(b) if the Rate Calculator for the main payment received on that day produces a fortnightly rate—1/14 of the amount that, apart from this Division, would be the person’s clean energy supplement for that day.
(2) This section has effect subject to subsection 1210(3A).
Insert:
(1) Quarterly clean energy supplement is to be paid by instalments.
(2) An instalment of quarterly clean energy supplement is to be paid to a person as soon as is reasonably practicable on or after the first supplement test day (the
current test day ) that follows a day for which quarterly clean energy supplement is payable to the person.Note: For when quarterly clean energy supplement is payable to the person, see section 915 of the 1991 Act.
(3) The amount of the instalment is worked out by:
(a) working out the amount of the person’s quarterly clean energy supplement for each day during the test period for which quarterly clean energy supplement is payable to the person; and
(b) adding up the amounts resulting from paragraph (a).
(4) In this section:
supplement test day means:
(a) 20 March; or
(b) 20 June; or
(c) 20 September; or
(d) 20 December.
test period means the period:
(a) starting on the most recent supplement test day before the current test day; and
(b) ending on the day immediately before the current test day.
51
Subsection 23(1) (after paragraph (a) of the definition of clean energy bonus ) Insert:
(b) a payment known as a clean energy supplement or a quarterly clean energy supplement;
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Subsection 23(1) (after paragraph (a) of the definition of clean energy payment ) Insert:
(b) quarterly clean energy supplement; or
Insert:
quarterly clean energy supplement means the separate social security payment described in Division 2 of Part 2.18A.
54
Subsections 44(2), 98(2), 148(2), 199(2), 316(2) and 364(2) Omit “subsection 1061VA(1)”, substitute “subsection 915A(1) (about quarterly clean energy supplement) or 1061VA(1) (about quarterly pension supplement)”.
Omit “subsection 1061VA(1)”, substitute “subsection 915A(1) (about quarterly clean energy supplement) or 1061VA(1) (about quarterly pension supplement)”.
Repeal the subsection, substitute:
(2) Subsection (1) does not apply to a person if the person’s rate would be nil merely because:
(a) an election by the person under subsection 915A(1) (about quarterly clean energy supplement) is in force; or
(b) an advance pharmaceutical allowance has been paid to the person under the social security law.
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Paragraphs 572(2)(a), 608(2)(a), 677(2)(a), 732(2)(a) and 771HC(2)(a) Omit “subsection 1061VA(1)”, substitute “subsection 915A(1) (about quarterly clean energy supplement) or 1061VA(1) (about quarterly pension supplement)”.
Insert:
A claim is not required for quarterly clean energy supplement.
After “48C”, insert “, 48D”.
Insert:
1AD | Clean energy pension rate | CEP rate | Section 20B |
1AE | Clean energy (under pension age) rate 1 | CEUPA rate1 | Each rate worked out under point 1068‑C4 or 1068B‑DB4 |
1AF | Clean energy (under pension age) rate 2 | CEUPA rate2 | Each rate worked out under point 1068A‑BB4 |
1AG | Clean energy (under pension age) rate 3 | CEUPA rate3 | Each rate worked out under point 1067G‑BA3 or 1067L‑BB4 |
1AH | Clean energy (under pension age) rate 4 | CEUPA rate4 | Each rate worked out under point 1066A‑BA3 or 1066B‑BA3 |
1AI | Clean energy (youth disability) rate | CEYD rate | Each rate worked out under point 1067G‑BA6 |
Omit “Note”, substitute “Note 1”.
Add:
Note 2: Indexing the CEP rate, CEUPA rate1, CEUPA rate2, CEUPA rate3, CEUPA rate4 and CEYD rate will result in the indexation of the rate of quarterly clean energy supplement (see Division 2 of Part 2.18A). Indexing the CEP rate will result in the indexation of the rate of seniors supplement (see section 1061UB).
Insert:
1D | CEP rate | (a) 20 March (b) 20 September | (a) December (b) June | highest June or December quarter before reference quarter (but not earlier than June quarter 2011) | $5.20 |
1E | CEUPA rate1 | (a) 20 March (b) 20 September | (a) December (b) June | highest June or December quarter before reference quarter (but not earlier than June quarter 2011) | $0.10 |
1F | CEUPA rate2 | (a) 20 March (b) 20 September | (a) December (b) June | highest June or December quarter before reference quarter (but not earlier than June quarter 2011) | $2.60 |
1G | CEUPA rate3 | 1 January | June | highest June quarter before reference quarter (but not earlier than June quarter 2011) | $0.10 |
1H | CEUPA rate4 | 1 January | June | highest June quarter before reference quarter (but not earlier than June quarter 2011) | $2.60 |
1J | CEYD rate | 1 January | June | highest June quarter before reference quarter (but not earlier than June quarter 2011) | $0.10 |
Add:
Note 3: On and after 20 March 2013, the indexation of certain amounts may be affected by Division 8.
Insert:
(3D) The first indexation of amounts under item 1D, 1E or 1F of the CPI Indexation Table in subsection 1191(1) is to take place on 20 September 2013.
(3E) The first indexation of amounts under item 1G, 1H or 1J of the CPI Indexation Table in subsection 1191(1) is to take place on 1 January 2015.
Omit “Note”, substitute “Note 1”.
Add:
Note 2: On and after 20 March 2013, the indexation of certain amounts may be affected by Division 8.
Add:
(1) The indexation factor for an amount set out in subsection (2) on an indexation day on or after 20 March 2013 is to be reduced by the brought forward CPI indexation amount, but not below 1.
Note: Once the brought forward CPI indexation amount becomes 0, there will be no further reduction of the factor.
Example: Assume that the indexation factor worked out under section 1193 on 20 March 2013 is 1.003. The brought forward CPI indexation amount in relation to 20 March 2013 is 0.007 (as there has been no previous reduction). That indexation factor is reduced to 1 on 20 March 2013.
Further assume that on 20 September 2013 the indexation factor is 1.010. The brought forward CPI indexation amount in relation to 20 September 2013 is 0.004. That indexation factor is reduced to 1.006 on 20 September 2013.
The brought forward CPI indexation amount in relation to later indexation days is now 0 so there is no further reduction of the indexation factor.
(2) For the purposes of subsection (1), the amounts are as follows:
(a) pension MBR;
(b) PS rate;
(c) PS minimum rate;
(d) PS basic rate;
(e) benefit MBR (ordinary);
(f) pension supplement component for pension bonus;
(g) maximum transitional pension rates.
(3) The living cost indexation factor worked out under section 1197:
(a) for pension MBR, except to the extent that pension MBR covers the maximum basic rate for pension PP (single); and
(b) for each indexation day on or after 20 March 2013;
is to be reduced by the brought forward PBLCI indexation amount, but not below 1.
Note: Once the brought forward PBLCI indexation amount becomes 0, there will be no further reduction of the factor.
Example: Assume that the living cost indexation factor worked out under section 1197 on 20 March 2013 is 1.003. The brought forward PBLCI indexation amount in relation to 20 March 2013 is 0.007 (as there has been no previous reduction). That indexation factor is reduced to 1 on 20 March 2013.
Further assume that on 20 September 2013 the living cost indexation factor is 1.010. The brought forward PBLCI indexation amount in relation to 20 September 2013 is 0.004. That indexation factor is reduced to 1.006 on 20 September 2013.
The brought forward PBLCI indexation amount in relation to later indexation days is now 0 so there is no further reduction of the living cost indexation factor.
(4) Neither paragraph (2)(a), nor subsection (3), affect:
(a) the rate of a payment worked out under clause 146 of Schedule 1A; or
(b) an amount worked out in relation to a pension because of clause 149 of that Schedule.
(5) In this section:
brought forward CPI indexation amount , in relation to a day, means:
(a) if subsection (3) applies for the amount, and the brought forward PBLCI indexation amount in relation to the day is 0—0; and
(b) otherwise—0.007 less any reduction made under subsection (1) for a previous day.
brought forward PBLCI indexation amount , in relation to a day, means:
(a) if the brought forward CPI indexation amount in relation to the day is 0—0; and
(b) otherwise—0.007 less any reduction made under subsection (3) for a previous day.
(1) The indexation factor for AP MBR or YA MBR on an indexation day on or after 1 January 2014 is to be reduced by the brought forward indexation amount, but not below 1.
(2) In this section:
brought forward indexation amount , in relation to a day, means 0.007 less any reduction made under this section for a previous day.Note: Once the brought forward indexation amount becomes 0, there will be no further reduction of the factor.
Example: Assume that the indexation factor worked out under section 1193 on 1 January 2014 is 1.003. The brought forward indexation amount in relation to 1 January 2014 is 0.007 (as there has been no previous reduction). That indexation factor is reduced to 1 on 1 January 2014.
Further assume that on 1 January 2015 the indexation factor is 1.010. The brought forward indexation amount in relation to 1 January 2015 is 0.004. That indexation factor is reduced to 1.006 on 1 January 2015.
The brought forward indexation amount in relation to later indexation days is now 0 so there is no further reduction of the indexation factor.
Repeal the subsection, substitute:
(8) For the purposes of the definition of
income cut‑out amount in subsection (1), the formula is as follows:where:
clean energy supplement component means the clean energy supplement worked out under point 1064‑C3 for a person who is not a member of a couple:
(a) whether or not the person for whom the income cut‑out amount is being worked out is a member of a couple; and
(b) whether or not that Module applies to the person for whom the income cut‑out amount is being worked out.
maximum basic rate means the amount specified in column 3 of item 1 of the table in point 1064‑B1.
ordinary free area limit means the amount specified in column 3 of item 1 in Table E‑1 in point 1064‑E4.
pension supplement component means the pension supplement amount worked out under point 1064‑BA3 for a person who is not a member of a couple:
(a) whether or not the person for whom the income cut‑out amount is being worked out is a member of a couple; and
(b) whether or not that point applies to the person for whom the income cut‑out amount is being worked out.
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Subsection 1061ECA(2) (method statement, at the end of step 2) Add:
; and (c) the person’s clean energy supplement (if any).
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Point 1067L‑A1 (method statement, step 5) (note) Omit “(maximum basic rate first, then pharmaceutical allowance)”.
Omit “(maximum basic rate first, then rent assistance)”.
Omit “(maximum basic rate first, then rent assistance, then pharmaceutical allowance)”.
Omit “[Pension Rate Calculator A—point 1064‑C8—Table—column 3—item 6] [Pension Rate Calculator B—point 1065‑C8—Table—column 3—item 6]”.
Note: This item omits references to table items that have been repealed.
Omit “either”, substitute “one or more”.
Insert:
(ia) the clean energy supplement Module (the
CE Module );
Insert:
4A | the amount of any increase under the CE Module |
Repeal the note, substitute:
Note 1: For table item 4A, the amount will be nil if quarterly clean energy supplement is payable to the person (for example, see point 1064‑C2).
Note 2: Table item 5 will not apply if an election by the person under subsection 1061VA(1) is in force, as the rate would have already been reduced to nil.
Insert:
(3A) If:
(a) quarterly clean energy supplement is payable to a person; and
(b) if quarterly clean energy supplement were not payable to the person:
(i) the rate (the
main rate ) of the person’s social security payment would be increased under the CE Module of the Rate Calculator; and(ii) the main rate would be reduced as described in paragraph (1)(b);
the person’s quarterly clean energy supplement is reduced to the same extent (if any) that the component of the main rate that would correspond to the person’s clean energy supplement would be reduced under subsection (1) were quarterly clean energy supplement not payable to the person.
Note: The reduction may be disregarded unless the person’s quarterly clean energy supplement is reduced to nil (see subsection 43(5B) of the Administration Act).
Repeal the subsection, substitute:
(4) The following table sets out details of the Modules relevant to subsection (1):
1 | Pension Rate Calculator A, section 1064 | BA | none | C | E | G |
2 | Pension Rate Calculator C, section 1066 | BA | none | C | E | G |
3 | Pension Rate Calculator D, section 1066A | none | D | BA | F | H |
4 | Youth Allowance Rate Calculator, section 1067G | none | C | BA | H | none |
5 | Austudy Payment Rate Calculator, section 1067L | BA | C | BB | D | none |
6 | Benefit Rate Calculator B, section 1068 | BA | D | C | G | none |
7 | Pension PP (Single) Rate Calculator, section 1068A | BA | C | BB | E | none |
8 | Benefit PP (partnered) Rate Calculator, section 1068B | DA | E | DB | D | none |
After “social security payment”, insert “(other than a social security pension)”.
Omit “In this section”, substitute “In subsection (4)”.
Insert:
(5AA) If:
(a) either or both of the following amounts (the
added amounts ) are added to a person’s maximum basic rate for a particular day in working out the amount of an instalment of a social security pension:
(i) a pension supplement amount;
(ii) clean energy supplement; and
(b) if one of the added amounts is a pension supplement amount used by the Rate Calculator to produce an annual rate—the pension supplement amount is more than the person’s pension supplement basic amount; and
(c) there is no election by the person under subsection 915A(1) or 1061VA(1) of the 1991 Act in force on that day; and
(d) apart from this subsection, the portion of the instalment corresponding to that day would be less than the person’s minimum daily rate, but more than a nil amount;
the amount of that portion of the instalment is to be increased to the person’s minimum daily rate.
(5AB) For the purposes of subsection (5AA), a person’s
minimum daily rate is 1/364 of the total of:
(a) the person’s minimum pension supplement amount, if a pension supplement amount is an added amount; and
(b) the person’s clean energy supplement, if clean energy supplement is an added amount.
Insert:
No reduction of portion of quarterly clean energy supplement relating to a day
(5B) If:
(a) quarterly clean energy supplement is payable to a person for a particular day; and
(b) the social security payment to which the quarterly clean energy supplement relates is a social security pension; and
(c) apart from this subsection, the portion of the instalment of the person’s quarterly clean energy supplement that corresponds to that day would be reduced under subsection 1210(3A) of the 1991 Act, but not reduced to a nil amount;
the amount of that portion of the instalment is not to be reduced under subsection 1210(3A) of the 1991 Act.
Insert:
absent overseas FTB child has the meaning given by section 63.
Insert:
clean energy advance means an advance to which an individual is entitled under Division 1 or 3 of Part 8.
Insert:
Entitlement for days 14 May 2012 to 30 June 2012
(1) The Secretary may, on a day during the period starting on 14 May 2012 and ending on 30 June 2012, determine that an individual is entitled to a clean energy advance if:
(a) in relation to that day:
(i) a determination under section 16 of the Family Assistance Administration Act is in force in respect of the individual as a claimant; or
(ii) a determination under section 18 of the Family Assistance Administration Act is in force in respect of the individual because the Secretary is satisfied that the individual is eligible for family tax benefit under section 32 of this Act; and
(b) the individual is in Australia on that day; and
(c) the individual’s rate of family tax benefit on that day, worked out under Division 1 of Part 4 but disregarding reductions (if any) under clause 5 or 25A of Schedule 1, is greater than nil; and
(d) that rate was worked out taking into account at least one FTB child of the individual who is in Australia on that day; and
(e) on that day, neither section 32AA nor 32AD of the Family Assistance Administration Act prevents the Secretary from making a payment of family tax benefit to the individual, or the individual’s partner, worked out on the basis referred to in subsection 20(1), (2A) or (3) of that Act.
Note: The amount of the advance is worked out under sections 105 and 106.
Entitlement for days 1 July 2012 to 30 June 2013
(2) The Secretary may determine that an individual is entitled to a clean energy advance if:
(a) in relation to any day during the period starting on 1 July 2012 and ending on 30 June 2013:
(i) a determination under section 16 or 17 of the Family Assistance Administration Act is in force in respect of the individual as a claimant; or
(ii) a determination under section 18 of the Family Assistance Administration Act is in force in respect of the individual because the Secretary is satisfied that the individual is eligible for family tax benefit under section 32 of this Act; and
(b) the individual is not an absent overseas recipient on that day (disregarding section 63A); and
(c) the individual’s rate of family tax benefit on that day, worked out under Division 1 of Part 4 but disregarding reductions (if any) under clause 5 or 25A of Schedule 1, is greater than nil; and
(d) that rate was worked out taking into account at least one FTB child of the individual who is not an absent overseas FTB child on that day (disregarding section 63A).
Note: The amount of the advance is worked out under sections 105 and 106.
(3) However, the Secretary must not make a determination under subsection (2) on a day before 1 July 2013 if:
(a) on that day:
(i) the individual is outside Australia and the individual left Australia before 1 April 2013; and
(ii) the individual is not an absent overseas recipient (disregarding section 63A); or
(b) on that day:
(i) each FTB child of the individual is outside Australia and each FTB child of the individual left Australia before 1 April 2013; and
(ii) each FTB child of the individual is not an absent overseas FTB child (disregarding section 63A).
Operation of section 32
(4) For the purposes of paragraphs (1)(c) and (d) and (2)(c) and (d), disregard section 32.
One clean energy advance only
(5) An individual is not entitled to more than one clean energy advance under this section.
(1) The Secretary may determine that an individual is entitled to a clean energy advance if:
(a) in relation to any day during the period starting on 1 July 2012 and ending on 30 June 2013, a determination under section 18 of the Family Assistance Administration Act is in force in respect of the individual because the Secretary is satisfied that the individual is eligible for family tax benefit under section 33 of this Act because of the death of another individual; and
(b) either:
(i) the Secretary has determined that the other individual was entitled to an amount of a clean energy advance, but the other individual died before the amount was paid; or
(ii) the Secretary is satisfied that the other individual would have become entitled to an amount of a clean energy advance if the other individual had not died.
Note: The amount of the advance is worked out under section 107.
(2) If the Secretary makes a determination under subsection (1), no‑one else is, or can become, entitled to a clean energy advance because of the death of the other individual.
(1) On the day (the
decision day ) that the Secretary determines that an individual is entitled to a clean energy advance under section 103, the Secretary must work out the amount of the advance.
Secretary determines entitlement before 1 July 2012
(2) If the decision day is before 1 July 2012, the amount of the individual’s clean energy advance is, subject to subsections (5) and (6), worked out as follows:
Method statement
Step 1. Work out the individual’s clean energy daily rate (see section 106) on the decision day (assuming that any rate or amount that is to be indexed on 1 July 2012 had already been indexed on the decision day).
Step 2. Multiply the amount at step 1 by 365: the result is the amount of the individual’s clean energy advance.
Secretary determines entitlement in the 2012‑13 income year
(3) If the decision day is on or after 1 July 2012 and before 1 July 2013, the amount of the individual’s clean energy advance is, subject to subsections (5) and (6), worked out as follows:
Method statement
Step 1. Work out the sum of the individual’s clean energy daily rates (see section 106) for each day in the period beginning on 1 July 2012 and ending on the decision day.
Step 2. Multiply the individual’s clean energy daily rate on the decision day by the number of days in the 2012‑13 income year that are after the decision day.
Step 3. Work out the sum of the amounts at steps 1 and 2: the result is the amount of the individual’s clean energy advance.
Secretary determines entitlement on or after 1 July 2013
(4) If the decision day is on or after 1 July 2013, the amount of the individual’s clean energy advance is, subject to subsections (5) and (6), the sum of the individual’s clean energy daily rates (see section 106) for each day in the 2012‑13 income year.
Reduced amount if rate took account of a section 28 or 29 percentage determination
(5) If, in relation to any of the following days:
(a) if the decision day is before 1 July 2012—the decision day;
(b) if the decision day is on or after 1 July 2012 and before 1 July 2013—a day in the period beginning on 1 July 2012 and ending on the decision day;
(c) if the decision day is on or after 1 July 2013—a day in the 2012‑13 income year;
a determination under section 28 or 29 of a particular percentage in relation to one or more FTB children of the individual is in effect, the clean energy daily rate for that day is that percentage of the clean energy daily rate that would otherwise apply.
Legislative instrument
(6) If:
(a) an individual is entitled to a clean energy advance under section 103 in relation to an FTB child; and
(b) before the decision day in relation to the individual, a former partner of the individual was entitled to a clean energy advance under section 103 or 108 in relation to that FTB child; and
(c) at the time the former partner became so entitled, the individual and the former partner were members of the same couple;
then:
(d) subsections (2) to (5) do not apply in relation to working out the amount of the individual’s clean energy advance; and
(e) the amount of the individual’s clean energy advance is worked out in accordance with an instrument made under subsection (7) (which may be nil).
(7) The Minister may, by legislative instrument, specify a method for working out the amount of clean energy advances for the purposes of subsection (6).
(1) An individual’s
clean energy daily rate for a day is worked out as follows:
Method statement Step 1. If the individual’s rate of family tax benefit on that day (disregarding reductions (if any) under clause 5 or 25A of Schedule 1) consisted of or included a Part A rate greater than nil:
(a) if the Part A rate is worked out under clause 3 of Schedule 1 and the individual’s income and maintenance tested rate exceeds the individual’s base rate—work out the sum of the amounts at paragraphs (a) and (ca) of step 1 of the method statement in that clause; or
(b) if the Part A rate is worked out under clause 3 of Schedule 1 and the individual’s income and maintenance tested rate is less than or equal to the individual’s base rate—work out the sum of the amounts at paragraphs (a) and (d) of step 1 of the method statement in clause 25 of that Schedule; or
(c) if the Part A rate is worked out under clause 25 of Schedule 1 and the individual’s Method 2 income and maintenance tested rate is less than or equal to the individual’s provisional Part A rate—work out the sum of the amounts at paragraphs (a) and (d) of step 1 of the method statement in that clause; or
(d) if the Part A rate is worked out under clause 25 of Schedule 1 and the individual’s Method 2 income and maintenance tested rate exceeds the individual’s provisional Part A rate—work out the sum of the amounts at paragraphs (a) and (ca) of step 1 of the method statement in clause 3 of that Schedule.
Step 2. If the individual’s rate of family tax benefit on that day consisted of or included a Part B rate greater than nil, work out whichever of the following amounts is appropriate:
(a) the sum of the amounts under paragraphs 29(1)(a) and (b) of Schedule 1;
(b) the sum of the amounts at paragraphs (a) and (b) of step 1 of the method statement in subclause 29(2) of Schedule 1;
(c) the sum of the amounts under paragraphs 29A(2)(a) and (b) of Schedule 1.
Step 3. Work out the sum of the amounts at steps 1 and 2.
Step 4. Multiply the amount at step 3 by 0.017.
Step 5. Divide the amount at step 4 by 365 (rounded to the nearest cent (rounding 0.5 cents upwards)): the result is the individual’s
clean energy daily rate for that day.
(2) If steps 1 and 2 of the method statement in subsection (1) do not apply in relation to an individual on a day, the individual’s
clean energy daily rate for that day is nil.(3) An individual’s
clean energy daily rate for a day is nil if the individual is an absent overseas recipient on that day (disregarding section 63A).(4) The calculation under subsection (1) for a day is to be done disregarding any FTB child of the individual who is an absent overseas FTB child (disregarding section 63A) on that day.
(5) The calculation under subsection (1) is to be done disregarding section 32.
(6) If:
(a) the decision day (see subsection 105(1)) is before 1 July 2013; and
(b) on the decision day:
(i) an FTB child of the individual is outside Australia and the FTB child left Australia before 1 April 2013; and
(ii) that FTB child is not an absent overseas FTB child (disregarding section 63A);
then the calculation under subsection (1) of this section on the decision day is to be done disregarding that FTB child.
(7) If the child referred to in subsection (6) returns to Australia before 1 July 2013, then, for the purposes of section 108, there is taken to be a change in the individual’s circumstances on the day of the child’s return.
(8) If the child referred to in subsection (6) does not return to Australia before 1 July 2013, then, for the purposes of section 108, there is taken to be a trigger day of 30 June 2013 in relation to the individual.
If the Secretary makes a determination under subsection 104(1) that an individual is entitled to a clean energy advance, the amount of the advance is the amount referred to in subparagraph 104(1)(b)(i) or (ii) (as the case requires).
General case
(1) If:
(a) the Secretary pays a clean energy advance (the
original payment ) to an individual in circumstances where the Secretary determined the individual is entitled to the advance under section 103 and where the amount of the advance is not worked out under subsection 105(6); and(b) the decision day (see subsection 105(1)) is before 1 July 2013; and
(c) on a day (the
trigger day ) after the decision day and before 1 July 2013, the individual’s circumstances change so that:
(i) if the individual has not previously become entitled to a payment under this section—the amount of the original payment is less than the amount of the clean energy advance that would have been paid to the individual if the decision day had been the trigger day; or
(ii) if the individual has previously become entitled to one or more payments under this section—the sum of those payments and the original payment is less than the amount of the clean energy advance that would have been paid to the individual if the decision day had been the trigger day;
(b) the following apply:
(i) a person is the individual’s partner at any time during the past period;
(ii) that person is required to lodge an income tax return for the past period income year;
then the amount of single income family supplement cannot be paid to the individual unless, in relation to each person who is required to lodge an income tax return for that income year, an assessment has been made under the
Income Tax Assessment Act 1936 of the tax payable on that person’s taxable income for that income year.
(3) If either or both of the following apply:
(a) the individual is required to lodge an income tax return for the past period income year, but the individual has not lodged the return before the end of the 2 income years immediately following the past period income year;
(b) the following apply:
(i) a person is the individual’s partner at any time during the past period;
(ii) that person is required to lodge an income tax return for the past period income year;
(iii) that person has not lodged the return before the end of the 2 income years immediately following the past period income year;
then the amount of single income family supplement is not to be paid to the individual.
(4) This section is subject to Part 4, Division 3 of Part 8B and sections 225 and 226.
(1) If an individual is entitled to be paid an amount of single income family supplement under a determination on a claim for payment of single income family supplement:
(a) for a past period; or
(b) by single payment/in substitution because of the death of another individual;
the Secretary must pay the amount to the individual at such time and in such manner as the Secretary considers appropriate.
(2) This section is subject to Part 4, Division 3 of Part 8B and sections 225 and 226.
(1) If a determination is in force under which the claimant is entitled to be paid single income family supplement for a past period, the Secretary may request the claimant to give the Secretary, within 28 days of the request being made, a written statement, in relation to a specified TFN determination person, of whichever of the kinds set out in subsections (2), (3) and (4) the claimant chooses.
Statement of tax file number
(2) The first kind of statement that can be made is a statement of the TFN determination person’s tax file number. Regardless of who the TFN determination person is, this kind of statement can be made by the claimant only.
Statement that TFN person does not know what his or her tax file number is etc.
(3) The second kind of statement that can be made is a statement by the TFN determination person that the person:
(a) has a tax file number but does not know what it is; and
(b) has asked the Commissioner of Taxation to inform the person of his or her tax file number; and
(c) authorises the Commissioner of Taxation to tell the Secretary:
(i) whether the person has a tax file number; and
(ii) if the person has a tax file number—that number.
Statement that an application for a tax file number is pending
(4) The third kind of statement that can be made is a statement by the TFN determination person that the person:
(a) has an application for a tax file number pending; and
(b) authorises the Commissioner of Taxation to tell the Secretary:
(i) if a tax file number is issued to the person—that number; or
(ii) if the application is refused—that the application has been refused; or
(iii) if the application is withdrawn—that the application has been withdrawn.
Non‑compliance with request
(1) If:
(a) the Secretary makes a request under subsection 65KR(1); and
(b) the claimant does not comply with the request within 28 days of the request being made;
then, subject to subsection (2), the consequence in subsection (7) applies.
Exemption from request under subsection 65KR(1)
(2) The Secretary may determine that the consequence in subsection (7) does not apply if:
(a) the TFN determination person concerned is or was the claimant’s partner; and
(b) the claimant cannot obtain from the person:
(i) the person’s tax file number; or
(ii) a statement by the person under subsection 65KR(3) or (4).
Statement made by TFN determination person under subsection 65KR(3)
(3) If:
(a) the Secretary makes a request under subsection 65KR(1); and
(b) by the end of 28 days after the request is made, the claimant gives the Secretary a statement by the TFN determination person of the kind set out in subsection 65KR(3); and
(c) the Commissioner of Taxation subsequently tells the Secretary that the TFN determination person has no tax file number;
the consequence in subsection (7) applies.
Statement made by TFN determination person under subsection 65KR(4)
(4) If:
(a) the Secretary makes a request under subsection 65KR(1); and
(b) by the end of 28 days after the request is made, the claimant gives the Secretary a statement by the TFN determination person of the kind set out in subsection 65KR(4); and
(c) the Commissioner of Taxation subsequently tells the Secretary that the TFN determination person has not applied for a tax file number, that an application by the person for a tax file number has been refused or that the person has withdrawn an application for a tax file number;
the consequence in subsection (7) applies.
Statement made by TFN claim person under subsection 65KB(4)
(5) If:
(a) a TFN claim person has made a statement of the kind set out in subsection 65KB(4); and
(b) a determination is in force under which the claimant is entitled to be paid single income family supplement for a past period; and
(c) the Commissioner of Taxation subsequently tells the Secretary that the TFN claim person has no tax file number;
the consequence in subsection (7) applies.
Statement made by TFN claim person under subsection 65KB(5)
(6) If:
(a) a TFN claim person has made a statement of the kind set out in subsection 65KB(5); and
(b) a determination is in force under which the claimant is entitled to be paid single income family supplement for a past period; and
(c) the Commissioner of Taxation subsequently tells the Secretary that the TFN claim person has not applied for a tax file number, that an application by the person for a tax file number has been refused or that the person has withdrawn an application for a tax file number;
the consequence in subsection (7) applies.
Consequence—variation of determination
(7) For the purposes of subsection (1), (3), (4), (5) or (6), the consequence is that the Secretary may, if the determination is one under which the claimant is entitled to be paid single income family supplement for a past period, vary the determination so that it has the effect that the claimant is not entitled to be paid single income family supplement for any day in the past period.
Consequence of Secretary later becoming aware of tax file number
(8) If:
(a) under subsection (7), the Secretary varies the determination; and
(b) the Secretary finds out the tax file number of the TFN determination person or TFN claim person, as the case requires, at any time after the variation takes place;
the Secretary must vary the determination to undo the effect mentioned in subsection (7).
(1) The Secretary must give notice of any variation of a determination under this Subdivision to the claimant, stating the effect of the variation and that the claimant may apply for review of the decision involved in the manner set out in Part 5.
(2) The variation is not ineffective by reason only that the requirements of subsection (1) are not complied with.
Insert:
(eb) single income family supplement;
Omit “or maternity immunisation allowance”, substitute “, maternity immunisation allowance or single income family supplement”.
13
Subsection 93A(6) (after paragraph (a) of the definition of family assistance payment ) Insert:
(aa) a payment of single income family supplement; or
Insert:
(ixc) subsection 65KA(2);
Add:
(8) If the tax file number of an individual, or of the partner of an individual, is provided to the Secretary under Division 4E of Part 3, this section applies as if a reference to the amounts included in the individual’s adjusted taxable income were a reference to the individual’s taxable income or the individual’s partner’s taxable income (as the case requires).
16
Section 219TA (after paragraph (ha) of the definition of relevant benefit ) Insert:
(hb) single income family supplement; or
The amendments made by this Schedule apply in relation to the 2012‑13 income year and later income years.
Omit “84%”, substitute “85%”.
Repeal the subsection, substitute:
Standard resident contribution
(3) The
standard resident contribution for a care recipient who is a *protected resident is the amount obtained by rounding down to the nearest cent an amount equal to 77.5% of the *basic age pension amount (worked out on a per day basis).
Repeal the subsection, substitute:
Standard resident contribution
(3) The
standard resident contribution for a care recipient to whom this section applies is the amount obtained by rounding down to the nearest cent an amount equal to 96.5% of the *basic age pension amount (worked out on a per day basis).
Repeal the items, substitute:
5 | 20 March 2012 to 30 June 2012 (inclusive) | 82 |
6 | 1 July 2012 to 19 September 2012 (inclusive) | 83 |
7 | 20 September 2012 to 19 March 2013 (inclusive) | 84 |
The amendments made by this Schedule apply in relation to the calculation of the standard resident contribution for a care recipient under Division 58 of the
Aged Care Act 1997 in respect of a day that is on or after 1 July 2012.
Omit “or remote area allowance”, substitute “, remote area allowance or clean energy supplement”.
1A
Section 11‑15 (table item headed “family assistance”) After:
| 52‑150 |
insert:
| 52‑150 |
2
Section 11‑15 (at the end of the table item headed “family assistance”) Add:
|
|
3
Section 11‑15 (table item headed “social security or like payments”) After:
|
|
insert:
|
|
|
|
|
|
|
|
4
At the end of subsection 52‑10(1) (before the note) Add:
; or (zb) clean energy payments under the
Social Security Act 1991 .
Insert:
(1L) Clean energy payments under the
Social Security Act 1991 are exempt from income tax.
6
Section 52‑15 (at the end of the cell at table item 1, column headed “the supplementary amount is the total of:”) Add:
|
7
Section 52‑15 (at the end of the cell at table item 2, column headed “the supplementary amount is the total of:”) Add:
|
8
Section 52‑15 (at the end of the cell at table item 3, column headed “the supplementary amount is the total of:”) Add:
|
9
Section 52‑15 (at the end of the cell at table item 4, column headed “the supplementary amount is the total of:”) Add:
|
Insert:
4A | Clean energy payment | Part 2.18A | Not applicable | Not applicable |
Insert:
(b) clean energy payments; or
Insert:
(1G) Clean energy payments under the
Veterans’ Entitlements Act 1986 are exempt from income tax.
Add:
; and (e) so much of the payment as is included by way of clean energy supplement.
Insert:
3A | Clean energy payment | Part IIIE | Not applicable |
Add:
22 | Clean energy payment (sections 83A, 209A and 238A and Part 5A of Chapter 11) | Exempt | Not applicable |
Omit “or single income family bonus”, substitute “, single income family bonus, clean energy advance or single income family supplement”.
Insert:
1A | The | None |
Omit “or single income family bonus”, substitute “, single income family bonus or clean energy advance”.
Insert:
(yha) a clean energy payment under the Veterans’ Entitlements Act;
Insert:
(znb) a clean energy payment under the Military Rehabilitation and Compensation Act;
Insert:
(1) This section applies if:
(a) an individual has been paid:
(i) a low income supplement; or
(ii) an essential medical equipment payment;
because of a determination made under Part 3 of the Administration Act; and
(b) after the payment was made to the individual, the determination is or was (however described) changed, revoked, set aside, or superseded by another determination; and
(c) the decision to change, revoke, set aside or supersede the determination is or was made wholly or partly because the individual knowingly made a false or misleading statement, or knowingly provided false information; and
(d) apart from that statement or information, the payment would not have been paid.
(2) An amount equal to the payment is a debt due to the Commonwealth by the individual.
(3) Apart from section 1224AA, the other provisions of this Part under which debts arise do not apply in relation to payments to which this section applies.
After “economic security strategy payment,”, insert “low income supplement, essential medical equipment payment,”.
Omit “or bonus” (wherever occurring), substitute “, supplement or bonus”.
24
Subsection 47(1) (at the end of the definition of lump sum benefit ) Add:
; or (k) clean energy advance; or
(l) low income supplement or essential medical equipment payment.
Insert:
(1) If an individual is qualified for a clean energy advance, the Secretary must pay the advance to the individual in a single lump sum:
(a) on the day that the Secretary considers to be the earliest day on which it is reasonably practicable for the advance to be made; and
(b) in such manner as the Secretary considers appropriate.
Note: This section applies to a qualification under Subdivision A or C of Division 1 of Part 2.18A of the 1991 Act.
(2) However, the Secretary must not pay the advance if the Secretary is aware that the individual has died.
If an individual is qualified for a low income supplement or essential medical equipment payment, the Secretary must pay the supplement or payment (as the case requires) to the individual in a single lump sum in such manner as the Secretary considers appropriate.
26
Section 123A (after paragraph (c) of the definition of relevant payment ) Insert:
(ca) a clean energy payment; or
Insert:
clean energy income‑managed payment means:
(a) a clean energy advance under the 1991 Act; or
(b) a clean energy advance under the Veterans’ Entitlements Act for service pension; or
(c) a clean energy advance under the Family Assistance Act; or
(d) quarterly clean energy supplement under the 1991 Act; or
(e) quarterly clean energy supplement under the Veterans’ Entitlements Act for service pension.
Insert:
Scope
(1) This section applies if:
(a) a person is subject to the income management regime; and
(b) a clean energy income‑managed payment is payable to the person.
Deductions from clean energy income‑managed payments
(2) The following provisions have effect:
(a) the Secretary must deduct from the payment the deductible portion of the payment;
(b) an amount equal to the deductible portion of the payment is credited to the Income Management Record;
(c) an amount equal to the deductible portion of the payment is credited to the person’s income management account.
(3) For the purposes of subsection (2), the
deductible portion of a clean energy income‑managed payment is 100% of the amount of the payment.
After “pension bonus”, insert “, low income supplement or essential medical equipment payment”.
Insert:
(1A) Subsection (1) does not apply to a social security payment that is a payment of low income supplement or an essential medical equipment payment.
Omit “or single income family bonus”, substitute “, single income family bonus or clean energy advance”.
Insert:
(zzaaaa) a clean energy payment under the MRCA;
Insert:
(zzah) a clean energy payment under Part IIIE;
The
For all relevant information pertaining to application, saving or transitional provisions
Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional provisions |
141, 2011 | 29 Nov 2011 | |||
12, 2012 | 21 Mar 2012 | Schedule 6 (items 144, 145): | — | |
98, 2012 | 29 June 2012 | Schedule 3 (item 24) and Schedule 6 (items 1, 2, 11): 1 Jan 2013 | Sch. 6 (item 11) |
(a) Subsection 2(1) (items 21 and 22) of theTax Laws Amendment (2011 Measures No. 9) Act 2012 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Schedule 6, item 144 | Immediately after the commencement of item 16 of Schedule 10 to the However, the provision(s) do not commence at all if that item 16 commences before or at the same time as the provision(s) covered by table item 18. | 14 May 2012 |
Schedule 6, item 145 | Immediately after the commencement of item 2 of Schedule 10 to the | 14 May 2012 |
| |
Provision affected | How affected |
Item 35................................. | rep. No. 98, 2012 |
Item 10................................. | am. No. 98, 2012 |
Item 1A................................ | ad. No. 12, 2012 |
Item 2.................................. | rs. No. 12, 2012 |
Heading to item 16............... | am. No. 12, 2012 |
Social Security and Other Legislation Amendment (2012 Budget and Other Measures) Act 2012 (No. 98, 2012)
The amendments made by this Schedule apply in relation to claims for low income supplement made on or after 1 January 2013.
0
0
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