Household Stimulus Package (Household Stimulus Payment Administrative Scheme) (DEEWR) Amendment Determination 2009 (No. 1) (Cth)

Household Stimulus Package (Household Stimulus Payment Administrative Scheme) (DEEWR) Amendment Determination 2009 (No. 1)

Household Stimulus Package Act (No. 2) 2009

I, JULIA EILEEN GILLARD, Minister for Education, Employment and Workplace Relations, make this determination under subitem 1 (1) of Schedule 4 to the Household Stimulus Package Act (No. 2) 2009.

Dated 24 April 2009

JULIA EILEEN GILLARD

Minister for Education
Minister for Employment and Workplace Relations

Name of Determination

This Determination is the Household Stimulus Package (Household Stimulus Payment Administrative Scheme) (DEEWR) Amendment Determination 2009 (No. 1).

Commencement

This Determination commences on the day after it is registered.

Amendment of Household Stimulus Package (Household Stimulus Payment Administrative Scheme) (DEEWR) 2009 (No. 1)

Schedule 1 amends the Household Stimulus Package (Household Stimulus Payment Administrative Scheme) (DEEWR) Determination 2009 (No. 1).

Schedule 1 Amendments

(section 3)

[1] Subsection 3 (1), after definition of Act

insert

AQF means the Australian Qualifications Framework.

Note Information on the AQF can be found at Postgraduate Award means an Australian Postgraduate Award under:

(a) Chapter 2 of the Commonwealth Scholarships Guidelines (Research) 2008; or

(b) Chapter 3 of the Commonwealth Scholarships Guidelines that commenced on 21 September 2005, as amended from time to time.

[2] Subsection 3 (1), after definition of qualifying period

insert

qualifying scholarship means a scholarship:

(a) the value of which is at least $20 427 in the 2009 calendar year; and

(b) that is payable as a stipend; and

(c) for which a person must meet at least the following criteria to be eligible:

(i) the person must be undertaking a research masters or research doctorate (within the meaning of the AQF);

(ii) the person must not already hold a research doctorate (within the meaning of the AQF);

(iii) the person must be enrolled as a full-time student.

[3] After subsection 5 (2)

insert

Payments to recipients of certain postgraduate scholarships in first semester 2009

(2A) The Secretary may determine that a person is qualified for a household stimulus payment if the person:

(a) receives one of the following awards or scholarships in respect of a period including a day in the qualifying period:

(i) an Australian Postgraduate Award;

(ii) an Australian Research Council Australian Postgraduate Award (Industry);

(iii) a National Health and Medical Research Council Postgraduate Research Scholarship;

(iv) a qualifying scholarship; and

(b) is an Australian citizen or permanent resident on that day.

[4] At the end of paragraph 5 (3) (b)

insert

or

[5] Paragraph 5 (3) (d)

omit

at an earlier time.

insert

at an earlier time; or

[6] After paragraph 5 (3) (d)

insert

(e) the FTB child has qualified for an education entry payment supplement under section 665ZZA of the Social Security Act at an earlier time.

[7] Subsection 5 (5)

after

subsection (2)

insert

or (2A)

[8] Subparagraph 5 (5) (c) (iii)

omit

at an earlier time.

insert

at an earlier time; or

[9] After subparagraph 5 (5) (c) (iii)

insert

(d) qualifies for an education entry payment supplement under section 665ZZA of the Social Security Act.

[10] After subsection 5 (6)

insert

Note The amount of a person’s household stimulus payment can, however, be increased if the basis on which they qualify changes and as a result the amount they are entitled to increases: see subsection 6 (3).

[11] Paragraphs 6 (1) (a) and (b)

after each mention of

subsection 5 (2)

insert

or (2A)

[12] Paragraph 6 (1) (c)

after

and (2)

insert

or (2A)

[13] After subsection 6 (2)

insert

(3) Also, if:

(a) a person qualifies for a household stimulus payment at a particular time (earlier household stimulus payment); and

(b) at a later time the person qualifies for a household stimulus payment (later household stimulus payment); and

(c) the amount of the later household stimulus payment under subsections (1) and (2) is larger than the amount of the earlier household stimulus payment under subsections (1) and (2);

the amount of the person’s household stimulus payment is the amount of the later household stimulus payment.

[14] Section 7

substitute

7 Claims for household stimulus payments

(1) A person is not required to make a claim for a household stimulus payment under subsections 5 (1) and (2).

(2) A person must make a claim for a household stimulus payment under subsection 5 (2A):

(a) in the manner and form approved by the Secretary; and

(b) on or before 30 June 2010.

[15] Paragraph 9 (2) (a)

substitute

(a) to the person (or if the person has a payment nominee under the Social Security (Administration) Act 1999 or the A New Tax System (Family Assistance) (Administration) Act 1999, to that nominee); and