Family and Community Services and Veterans' Affairs Legislation Amendment (Further Assistance for Older Australians) Act 2001 (Cth)

Family and Community Services and Veterans’ Affairs Legislation Amendment (Further Assistance for Older Australians) Act 2001

No. 42, 2001

Family and Community Services and Veterans’ Affairs Legislation Amendment (Further Assistance for Older Australians) Act 2001

No. 42, 2001

An Act to amend the Social Security Act 1991 and the Veterans’ Entitlements Act 1986, and for related purposes

Contents

Family and Community Services and Veterans’ Affairs Legislation Amendment (Further Assistance for Older Australians) Act 2001

No. 42, 2001

An Act to amend the Social Security Act 1991 and the Veterans’ Entitlements Act 1986, and for related purposes

[Assented to 25 May 2001]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Family and Community Services and Veterans’ Affairs Legislation Amendment (Further Assistance for Older Australians) Act 2001.

2Commencement

1. (1)

   This Act (other than Schedule 2) commences on 1 July 2001.

2. (2)

   Schedule 2 commences on 1 September 2001.

3Schedule(s)

Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Beneficial treatment of superannuation assets for people aged between 55 and pension age

Social Security Act 1991

1

Subsection 8(1) (definition of income)

Omit “, (7A)”.

2

Subsections 8(7A) and (7B)

Repeal the subsections (including the notes).

3

After paragraph 8(8)(a)

Insert:

1. (b)

   any return on a person’s investment in:

   1. (i)

      a superannuation fund; or

   2. (ii)

      an approved deposit fund; or

   3. (iii)

      a deferred annuity; or

   4. (iv)

      an ATO small superannuation account;

until the person:

1. (v)

   reaches pension age; or

2. (vi)

   starts to receive a pension or annuity out of the fund;

4

Paragraph 9(1B)(d) (note)

Omit “by persons who are neither prescribed pre‑pension age persons nor persons who have reached pension age”, substitute “before pension age is reached”.

5

Paragraph 9(1B)(e) (note)

Omit “by persons who are neither prescribed pre‑pension age persons nor persons who have reached pension age”, substitute “before pension age is reached”.

6

Paragraph 9(1B)(f) (note)

Omit “by persons who are neither prescribed pre‑pension age persons nor persons who have reached pension age”, substitute “before pension age is reached”.

7

Paragraph 9(1B)(g) (note)

Omit “by persons who are neither prescribed pre‑pension age persons nor persons who have reached pension age”, substitute “before pension age is reached”.

8

Paragraph 9(1C)(a)

Omit “is not a prescribed pre‑pension age person and has not yet turned”, substitute “has not yet reached”.

9

Paragraph 9(1C)(b)

Omit “is not a prescribed pre‑pension age person and has not yet turned”, substitute “has not yet reached”.

10

Paragraph 9(1C)(c)

Omit “is not a prescribed pre‑pension age person and has not yet turned”, substitute “has not yet reached”.

11

Paragraph 9(1C)(ca)

Omit “is not a prescribed pre‑pension age person and has not yet turned”, substitute “has not yet reached”.

12

Subsection 9(1C) (note 1)

Repeal the note.

13

Subsection 23(1) (definition of prescribed pre‑pension age person)

Repeal the definition.

14

Paragraph 1096(aa)

Omit “is not a prescribed pre‑pension age person and has not reached pension age”, substitute “has not turned 55”.

15

Section 1096 (notes)

Repeal the notes.

16

At the end of section 1096

Add:

1. (2)

   However, if the person turns 55 before the end of the period of 12 months, this section does not apply to the person in relation to:

   1. (a)

      the week, during that period, in which the person turns 55; and

   2. (b)

      any later weeks during that period.

17

After paragraph 1118(1)(e)

Insert:

1. (f)

   the value of the person’s investment in:

   1. (i)

      a superannuation fund; or

   2. (ii)

      an approved deposit fund; or

   3. (iii)

      a deferred annuity; or

   4. (iv)

      an ATO small superannuation account;

until the person:

1. (v)

   reaches pension age; or

2. (vi)

   starts to receive a pension or annuity out of the fund;

18

Section 1118A

Repeal the section (including the note).

Schedule 2Extension of telephone allowance to holders of seniors health cards

Social Security Act 1991

1

After subsection 1061Q(4)

Insert:

1. (4A)

   A person is qualified for a telephone allowance if:

   1. (a)

      either:

      1. (i)

         the person is the holder of a seniors health card; or

      2. (ii)

         the person is temporarily absent from Australia for a continuous period not exceeding 26 weeks and was the holder of a seniors health card immediately before leaving Australia; and

   2. (b)

      the person is a telephone subscriber.

2

Subsection 1061S(1) (cell at table item 2, column 2)

Repeal the cell, substitute:

Partnered (partner getting neither social security pension nor social security benefit), partner not holder of a seniors health card and person getting pension or benefit before 12 March 1992

1. 3

   Subsection 1061S(1) (cell at table item 3, column 2)

   Repeal the cell, substitute:

Partnered (partner getting neither social security pension nor social security benefit), partner not holder of a seniors health card and person not getting pension or benefit before 12 March 1992

1. 4

   Subsection 1061S(1) (cell at table item 4, column 2)

   Repeal the cell, substitute:

Either:

(a) partnered (partner getting pension or benefit); or

(b) partnered and partner is a holder of a seniors health card;

and partner not getting telephone allowance

1. 5

   Subsection 1061S(1) (cell at table item 5, column 2)

   Repeal the cell, substitute:

Either:

(a) partnered (partner getting pension or benefit); or

(b) partnered and partner is a holder of a seniors health card;

and partner getting telephone allowance

6

After subsection 1061S(3)

Insert:

1. (3A)

   For the purposes of working out a person’s rate of telephone allowance under subsection (1), the person’s partner is taken to be the holder of a seniors health card if the partner:

   1. (a)

      is temporarily absent from Australia for a continuous period not exceeding 26 weeks; and

   2. (b)

      was the holder of a seniors health card immediately before leaving Australia.

Social Security (Administration) Act 1999

7

Subsection 48(4)

Repeal the subsection and insert:

1. (4)

   In this section:

telephone allowance payday means:

1. (a)

   for a person who is qualified for telephone allowance otherwise than under subsection 1061Q(4A)—the first day on which an instalment of a social security periodic payment would normally be paid to the person on or after any of the following:

   1. (i)

      1 January;

   2. (ii)

      20 March;

   3. (iii)

      1 July;

   4. (iv)

      20 September; and

2. (b)

   for a person who is qualified for telephone allowance under subsection 1061Q(4A)—any of the following:

   1. (i)

      1 January;

   2. (ii)

      20 March;

   3. (iii)

      1 July;

   4. (iv)

      20 September;

or the first working day after that day if that day is not a working day.

working day means a day other than:

1. (a)

   a Saturday; or

2. (b)

   a Sunday; or

3. (c)

   a day that is a public holiday or bank holiday in Canberra or Sydney.

Veterans’ Entitlements Act 1986

8

After subsection 118Q(3)

Insert:

1. (3AA)

   A person is eligible for a telephone allowance if:

   1. (a)

      either:

      1. (i)

         the person is the holder of a seniors health card; or

      2. (ii)

         the person is absent from Australia and was the holder of a seniors health card immediately before leaving Australia; and

   2. (b)

      the person is a telephone subscriber.

9

Subsection 118S(1)

Omit “and (3)”, substitute “, (3) and (4)”.

10

At the end of section 118S

Add:

1. (4)

   The rate of telephone allowance for a person is half the amount of the rate specified in subsection (1) if:

   1. (a)

      the person is the holder of a seniors health card; and

   2. (b)

      the person is a member of a couple; and

   3. (c)

      the person’s partner is receiving a telephone allowance under:

      1. (i)

         this Act; or

      2. (ii)

         the Social Security Act; and

   4. (d)

      the person is living with the person’s partner in the same home.

Schedule 3—Increase in income limits for seniors health card

Social Security Act 1991

1

Point 1071‑12 (table)

Repeal the table (including the notes), substitute:

Seniors Health Card Taxable Income Limit Table
Column 1 Item	Column 2 Person’s family situation	Column 3 Amount per year	Column 4 Additional dependent child Amount per year
1	Not member of couple	$50,000	$639.60
2	Partnered	$40,000	$639.60
3	Member of illness separated couple	$50,000	$639.60
4	Member of respite care couple	$50,000	$639.60
5	Partnered (partner in gaol)	$50,000	$639.60

Veterans’ Entitlements Act 1986

2

Point 118ZAA‑11 (table)

Repeal the table, substitute:

Seniors Health Card Taxable Income Limit Table
Column 1 Item	Column 2 Person’s family situation	Column 3 Amount per year	Column 4 Additional dependent child Amount per year
1	Not member of couple	$50,000	$639.60
2	Partnered	$40,000	$639.60
3	Member of illness separated couple	$50,000	$639.60
4	Member of respite care couple	$50,000	$639.60

Note 1: For member of couple and partnered, see section 5E.

Note 2: For illness separated couple and respite care couple, see section 5R.

Note 3: For dependent child, see section 5F.

[Minister’s second reading speech made in—

House of Representatives on 22 May 2001

Senate on 23 May 2001]

(81/01)