Farm Household Support (Consequential and Transitional Provisions) Minister’s Rule 2014 (Cth)

Farm Household Support (Consequential and Transitional Provisions) Minister’s Rule 2014

I, Barnaby Joyce, Minister for Agriculture, make the following rule.

Dated 14 July 2014

Barnaby Joyce

Minister for Agriculture

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Part 1Preliminary1Name of rule

This rule is the Farm Household Support (Consequential and Transitional Provisions) Minister’s Rule 2014.

2Commencement

This rule commences on the day after it is registered.

3Authority

This rule is made under item 2 of Schedule 3 to the Farm Household Support (Consequential and Transitional Provisions) Act 2014.

4Definitions

In this rule:

Actmeans the Farm Household Support Act 2014.

farm household allowancemeans the allowance payable under Part 2 of the Act.

interim farm household allowancemeans a payment under the program known as the Interim Farm Household Allowance program.

Social Security Administration Actmeans the Social Security (Administration) Act 1999.

Transition Actmeans the Farm Household Support (Consequential and Transitional Provisions) Act 2014.

5Application

This rule applies to any claims for farm household allowance made on or after 1 July 2014.

Part 2Transitional arrangements with respect to interim farm household allowance6Modified start day for interim farm household allowance applicants and recipients

In its application to farm household allowance, schedule 2 to the Social Security Administration Act is modified as if Division 3 of Part 3 of the schedule includes the following provision:

(a) If:

(i) a person (or the person’s partner) has made a claim for interim farm household allowance on or before 30 June 2014; and

(ii) the claim for interim farm household allowance is determined to be eligible by the decision maker on or before 31 July 2014; and

(iii) the person makes a claim for farm household allowance on or before 14 August 2014; and

(iv) the person is qualified for farm household allowance on 1 July 2014;

the person’s start day in relation to farm household allowance is 1 July 2014.

(b) If:

(i) a person (or the person’s partner) has made a claim for interim farm household allowance on or before 30 June 2014; and

(ii) the claim for interim farm household allowance is determined to be eligible by the decision maker after 31 July 2014; and

(iii) the person makes a claim for farm household allowance within 14 days of the determination of the claim for interim farm household allowance but on or before 30 September 2014; and

(iv) the person is qualified for farm household allowance on 1 July 2014;

the person’s start day in relation to farm household allowance is 1 July 2014.

(c) Despite paragraphs (a) and (b) if:

(i) a person (or the person’s partner) has made a claim for interim farm household allowance on or before 30 June 2014; and

(ii) the person makes a claim for farm household allowance on or before 30 September 2014; and

(iiii) the person is qualified for farm household allowance on 1 July 2014; and

(iv) the Secretary is satisfied that, in the special circumstances of the case, it was not reasonably practicable for the person to make the claim earlier;

the person’s start day in relation to farm household allowance is 1 July 2014.

Part 3Transitional arrangements for liquid assets waiting period7Recipients of interim farm household allowance who have fully served a liquid assets test waiting period

Section 44 of the Act is modified as if the content of that section after paragraph (a) was replaced with:

(b) neither the person nor the person’s partner was, at any time during the 12 months immediately before that day, already serving a liquid assets test waiting period (within the meaning of this Act or the Social Security Act); or

(c) neither the person nor the person’s partner has, at any time during the 12 months immediately before that day, already served a liquid assets test waiting period with respect to the interim farm household allowance program.

8Recipients of interim farm household allowance who have partially served a liquid assets test waiting period

Section 45 of the Act is modified as if after subsection (2) the following subsection (3) is inserted:

(3) If on 30 June 2014, the person (or the person’s partner) was serving a liquid assets test waiting period under the interim farm household allowance program:

(i) subsection (2) does not apply to the person; and

(ii) the liquid assets test waiting period for the person is the number of days that the person (or the person’s partner) had outstanding on 30 June 2014 with respect to the liquid assets test waiting period under the interim farm household allowance program.

Part 4Transitional arrangements with respect to payability of farm household allowance9Modification of multiple entitlement exclusion with respect to recipients of interim farm household allowance

Section 38 of the Act is modified as if after subsection (7) the following subsection (8) is inserted:

Receipt of interim farm household allowance

(8) The allowance is not payable for a period if a payment has been or may be made in respect of the person for that period under the program known as the interim farm household allowance program.