Social Security Amendment Act 1987 (Cth)
Section
1. Short title etc.
2. Commencement
3. Application
4. Transitional and savings
5. Interpretation
6. Financial hardship
7. Indexation
8. Certain persons deemed to continue to receive full-time education
9. Insertion of new section:
9. Decision to be in writing
10. Repeal of sections 14 and 15 and substitution of new section:
14. Review of decision and appeal to Secretary
11. Review by Administrative Appeals Tribunal
12. Officers to observe secrecy
13. Incentive allowance
14. Rate of age or invalid pension
15. Notification by pensioner
16. Dual entitlement
17. Rate of widow’s pension
18. Repeal of section 81 and substitution of new section:
81. Restrictions as to dual pensions
19. Interpretation
20. Application of certain provisions
21. Repeal of section 83ae and substitution of new section:
83ae.Pension payable under Reciprocal Agreement
TABLE
OF PROVISIONS—
Section
22. Prescribed persons
23. Rate of unemployment and sickness benefit
24. Rent assistance
25. Limitation of amount payable as sickness benefit
26. Repeal of section 123
27. Payment and calculation of instalments of certain pensions etc.
28. Benefit not payable to full-time students
29. Persons eligible to be paid rehabilitation allowance
30. Interpretation
31. Repeal of section 135sb
32. Recovery of amounts from person liable to make compensation payments
33. Notice to insurers
34. Direct deposit to financial institutions etc.
35. Notification and review
36. Power to obtain information etc.
37. Offences
38. Indictable offences
39. Insertion of new section:
138b. Proceedings against corporations
40. Repeal of section 139
41. New Enterprise Incentive Scheme—effect where spouse of recipient is not in receipt of wife’s pension or carer’s pension
42. Repeal of section 139d and substitution of new section:
139d. Rates of certain pensions affected where certain education payments made
43. Extra-territorial operation of certain provisions
44. Payments of pension etc. and war pension
45. Waiver etc.
46. Additional amendments
47. Schedule
48. Insertion of Schedule 1
49. Insertion of Schedule 3
50. Renumbering and re-lettering of the Social Security Act
SCHEDULE 1
ADDITIONAL AMENDMENTS OF THE SOCIAL SECURITY ACT 1947
PART 1—AMENDMENTS TO COME INTO OPERATION UPON ROYAL ASSENT
PART 2—AMENDMENTS TO COME INTO OPERATION ON 1 JULY 1987
SCHEDULE 2
SCHEDULE 3
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) the repeal of Division 3a of Part VII of the Principal Act by the
Social Security and Veterans’ Affairs (Miscellaneous Amendments )Act 1986 ; and(b) the amendment made by this Act of subsections 135tf(1) and 141 (1) of the Principal Act;
those subsections continue to apply on and after 1 May 1987, in relation to a sickness benefit within the meaning of that Division that commenced to be paid before 1 May 1987, as if there had been no amendment.
(a) by omitting from subsection (1) the definition of “officer” and substituting the following definition:
“officer’ means a person performing duties, or exercising powers or functions, under or in relation to this Act and, in the case of section 17, includes:
(a) a person who has been such a person; and
(b) a person who is or has been appointed or employed by the Commonwealth and who, as a result of that appointment or employment, may acquire or has acquired information concerning a person under this Act;”; and
(b) by inserting after subsection (1a) the following subsection:
“(1b) For the purposes of paragraph (b) of the definition of ‘officer’ in subsection (1), a person who, although not appointed or employed by the Commonwealth, performs services for the Commonwealth shall be taken to be employed by the Commonwealth.”.
(a) by omitting “and” from the end of paragraph (1) (c);
(b) by omitting from subsection (1) all the words from and including paragraph (1) (d) and substituting the following:
“(d) the person lodges with the Department, in a form approved by the Secretary, a request that that section apply in relation to the person; and (e) the Secretary is satisfied that the person would suffer severe financial hardship if this section did not apply in relation to the person;
the Secretary shall determine that this section applies in relation to the person.”; and
(c) by inserting after subsection (1) the following subsection:
“(1a) A determination under subsection (1) takes effect:
(a) on the day on which the request under paragraph (1) (d) was lodged with the Department; or
(b) if the Secretary so determines in the special circumstances of the case—on a day not more than 6 months before the day referred to in paragraph (a).”.
(a) by inserting “or 133” after “section 120a” (first occurring);
(b) by omitting “section 120a” (last occurring) and substituting “sections 120a and 133”;
(c) by omitting “or 133”; and
(d) by omitting “sections 120a and 133” and substituting “section 120a”.
“9. (1) A decision of an officer under this Act shall be in writing.
“(2) A decision under this Act shall be taken to be in writing if it is:
(a) entered into; or
(b) recorded with the use of; a computer.”.
“14. (1) The Secretary may review a decision of an officer under this Act if the Secretary considers there is sufficient reason for reviewing the decision, and the Secretary may affirm, vary or set aside the decision.
“(2) A person affected by a decision of an officer under this Act (excluding a decision of the Secretary) may appeal to the Secretary and the Secretary may affirm, vary or set aside the decision.”.
“(1) Subject to section 29 of the
(a) was made by the Secretary on or after 9 September 1980 under section 14; and
(b) affirms, varies or sets aside a decision of an officer that has been reviewed by a Social Security Appeals Tribunal.
“(2) An application may be made to the Administrative Appeals Tribunal for review of a decision which:
(a) was made by the Secretary on or after 9 September 1980 under section 14;
(b) affirms, varies or sets aside a decision of an officer that has not been reviewed by a Social Security Appeals Tribunal; and
(c) has been certified by the Secretary as involving an important principle of general application regarding entitlement to, or assessment of, a pension, benefit or allowance under this Act or regarding the operation of those provisions of the
Health Insurance Act 1973 that relate to disadvantaged persons.”.
(a) by omitting subsections (1), (2) and (3) and substituting the following subsections:
“(1) An officer shall make an oath or declaration in a form approved by the Minister or the Secretary if required to do so by the Minister or the Secretary.
“(2) An officer shall not, either directly or indirectly, except in the performance or exercise of any duty, function or power as an officer, make a record of or divulge or communicate to any person any information concerning a person obtained by reason of the performance or exercise of his or her duties, functions or powers under this Act.
“(3) An officer shall not, except for the purposes of this Act, be required:
(a) to produce in court any document in his or her possession by reason of; or
(b) to divulge or communicate to a court any matter or thing of which he or she had notice by reason of;
the performance or exercise of his or her duties, functions or powers under this Act.”;
(b) by omitting paragraph (4) (a) and substituting the following paragraph:
“(a) if the Minister or the Secretary certifies that it is necessary in the public interest that any information of the kind referred to in subsection (2) be divulged—divulge that information to such person as the Minister or the Secretary directs;”; and
(c) by omitting from subsection (5) all the words from and including “he were” and substituting the following words:
“the authority, person or employee were an officer who had acquired the information in the performance or exercise of duties, functions or powers under this Act.”.
(a) by omitting from subsection (1ea) all the words before “is increased by subsection (1b)” and substituting the following:
“Where the maximum rate of age or invalid pension applicable to a married person whose spouse is in receipt of a pension under this Part, a benefit under Part IVaaa, an allowance under Part VIIa, an allowance under Part VIII the annual rate of which is determined by reference to this Part or a service pension, a wife’s service pension or a carer’s service pension under Part III of the
Veterans’ Entitlements Act 1986 ”; and(b) by omitting from subsection (1ea) “$1,300” and substituting “$1,820”.
“81. (1) A woman is not entitled to receive at the same time a pension under this Part and:
(a) a pension under Part III;
(b) a pension under the
Seamen’s War Pensions and Allowances Act 1940 as a dependant of a deceased Australian mariner;(c) a pension under Part II of the
Veterans’ Entitlements Act 1986 as a dependant of a deceased veteran; or(d) a pension under Part IV of that Act as a dependant of a deceased member of the Forces or of a deceased member of a Peacekeeping Force.
“(2) A reference in subsection (1) to a dependant of a deceased person is a reference to a person (not being a child of the deceased person) who is a dependant of the deceased person for the purposes of:
(a) in the case of a reference in paragraph (1) (b)—the
Seamen’s War Pensions and Allowances Act 1940 ; or(b) in the case of a reference in paragraph (1) (c) or (d)—the
Veterans’ Entitlements Act 1986 ”.
“(3) For the purposes of the definition of ‘unmarried person’ in subsection (1), a spouse who is undergoing a period of custody pending trial or sentencing for an offence is deemed to be a spouse who is serving a sentence of imprisonment in connection with the conviction of the spouse for the commission of an offence.”.
(a) by omitting from subsection (1) “(1)”; and
(b) by omitting subsection (2).
“83ae. Except as provided by an agreement set out in a Schedule, a pension payable by virtue of such agreement is not payable in respect of any period during which the pensioner is outside Australia.”.
(a) by inserting in paragraph (1) (a) “or (c)” after “paragraph (b)”;
(b) by omitting “or” from the end of paragraph (1) (a);
(c) by omitting paragraph (1) (b) and substituting the following paragraphs:
“(b) in the case of a person whose annual rate of pension, benefit or allowance is determined under or by reference to paragraph 28 (2) (b), 32 (2) (b) or 63 (2) (b), not being a person to whom section 6ad applies—a person the value of whose property exceeds the prescribed property value applicable to the person; or
(c) in the case of a person whose annual rate of service pension, wife’s service pension or carer’s service pension under Part III of the
Veterans’ Entitlements Act 1986 is determined under or by reference to paragraph 47 (5) (b) or 48 (4) (b) of that Act, not being a person to whom section 53 of that Act applies—a person the value of whose property calculated under subsections 35 (12) and (13) and section 50 of that Act, exceeds the prescribed property value applicable to the person under subsection 83 (2) of that Act.”;(d) by omitting from paragraph (4) (b) “(d)” and substituting “6ae (d)”;
(e) by omitting from paragraph (4) (b) “(c)” and substituting “6ae (c)”; and
(f) by omitting from paragraph (4) (d) “$89,250” and substituting “the amount referred to in paragraph (c) increased by the difference between the amount referred to in paragraph 6ae (d) and the amount referred to in paragraph 6ae (c)”.
(a) by inserting in subsection (2) “or who, but for section 135sc, would be eligible to receive a prescribed pension” after “prescribed pension”; and
(b) by omitting subsection (4g)and substituting the following subsection:
“(4g) For the purpose of paragraph (4f) (b), ‘maximum student assistance amount’ means an amount equal to 7 times the maximum amount that a person could receive, in respect of a period of one day, under the
Student Assistance Act 1973 as a living allowance within the meaning of that Act if that person:(a) undertook at an education institution an approved course within the meaning of the regulations made under that Act;
(b) were deemed to be of independent status for the purposes of the regulations made under that Act; and
(c) were under 18 years of age.”.
“(1a) Where:
(a) the rate of a benefit payable to a person includes an amount per week under this section; and
(b) the benefit ceases to be payable to the person:
(i) otherwise than by the operation of section 114; and
(ii) for a period of not more than 4 weeks;
any period after the end of the period referred to in subparagraph (b) (ii) and during which a benefit is payable to the person shall be taken to be a prescribed period in relation to the person.”.
“(3) Where, immediately before 1 July 1987, a sickness benefit and an allowance under section 112a were payable to a person, the rate of sickness benefit per week payable to the person on and after that date shall, while that sickness benefit continues to be payable to the person, be not less than the sum of the rates per week at which sickness benefit and the allowance under section 112a were payable to the person immediately before that date.”.
(a) by omitting from subsection (1) “a person who is under the age of 16 years and to whom subsection 112 (4e) would, if the person were a beneficiary, apply” and substituting “an eligible person”; and
(b) by inserting after subsection (1a) the following subsection:
“(1b) In subsection (1), ‘eligible person’ means a person:
(a) who is under the age of 16 years; and
(b) to whom subsection 112 (4e) would apply if:
(i) the person had attained the age of 16 years; and
(ii) ‘, and, for a continuous period of not less than 6 weeks has not lived,’ were omitted from subparagraph 112 (4f) (a) (i).”.
(a) by omitting the definition of “pension” in subsection (1) and substituting the following definition:
“ ‘pension’ means:
(a) an invalid pension (including any allowance under section 26 or 30a);
(b) a benefit under Part VII; or
(c) a sheltered employment allowance under Part VIIa (including any allowance under section 133ja);
being a pension, benefit or allowance that commenced to be paid on or after 1 May 1987, or a rehabilitation allowance under Part VIII that became payable in lieu of such a pension, benefit or allowance;”; and
(b) by omitting from the definition of “pension” in subsection (1) “or 30a”.
(a) by inserting in paragraph (5) (b) “or recklessly” after “knowingly”; and
(b) by omitting from subsection (5) all the words from and including “Penalty” and substituting the following:
“Penalty for any contravention of this subsection:
(c) in the case of a natural person—$1,000 or imprisonment for 6 months, or both; or
(d) in the case of a body corporate—$5,000.”.
(a) by omitting from subsection (1) “under subsection 11 5b (3) or (3a), 115c (5) or (6) or 115d (6) or”;
(b) by inserting in paragraph (3) (b) “or recklessly” after “knowingly”; and
(c) by omitting from subsection (3) “Penalty: $1,000 or imprisonment for 6 months.” and substituting the following:
“Penalty:
(c) in the case of a natural person—$2,000 or imprisonment for 12 months, or both; or
(d) in the case of a body corporate—$10,000.”.
(a) by inserting in subsection (1) “knowingly or recklessly” before “make” (wherever occurring);
(b) by inserting in subparagraph (1) (a) (i) “a request under section 6ab or 6ad or” after “or in support of,”;
(c) by inserting in paragraph (1) (b) “knowingly” before “obtain”;
(d) by inserting in paragraph (1) (b) “or part of which is not payable” after “not payable”;
(e) by inserting in paragraph (1) (c) “knowingly or recklessly made” after “statement”; and
(f) by inserting in subsection (1a)“or both” after “months”.
(a) by inserting in subsection (1) “or both” after “years”; and
(b) by inserting in subsection (3) “or both” after “months”.
“138b. (1) Where, in proceedings for an offence against this Act in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, servant or agent of the corporation, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.
“(2) Any conduct engaged in on behalf of a corporation:
(a) by a director, servant or agent of the corporation within the scope of his or her actual or apparent authority; or
(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the corporation, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;
shall be deemed, for the purposes of this Act to have been engaged in by the corporation.
“(3) A reference in subsection (1) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for the intention, opinion, belief or purpose.”.
“139d. Where, immediately before 1 January 1987, a person:
(a) was receiving a prescribed pension (other than a benefit under Part VII or a pension under the
Veterans’ Entitlements Act 1986 ); and(b) was a person to whom or in respect of whom payments were being made under:
(i) the Tertiary Education Assistance Scheme;
(ii) the Adult Secondary Education Assistance Scheme; or
(iii) the Secondary Allowance Scheme;
and, on or after 1 January 1987, the person becomes eligible to receive payments under the AUSTUDY scheme, the rate of that pension, on or after becoming so eligible and while the person continues to be eligible to
receive payments under the AUSTUDY scheme, shall be at the rate at which it was payable immediately before 1 January 1987.”.
“(3) In this section, ‘war pension’
means a pension payable under Part II or IV of the
Reciprocal agreements”
and substituting “SCHEDULE 2”.
“amended Act” means the
Social Security Act 1947 as amended by the provisions of this Act (other than this section);“provision” includes a paragraph of a section or of a subsection, a subparagraph of a paragraph and a Schedule.
–––––––––––
ADDITIONAL AMENDMENTS OF THE SOCIAL SECURITY ACT 1947
PART 1—AMENDMENTS TO COME INTO OPERATION UPON ROYAL ASSENT
Omit all the words after “Jervis Bay Territory”.
Omit “or a payment under section 9
of the
Omit the paragraphs, substitute the following paragraphs:
“(p) in the case of a member of:
(i) the Australian Naval Reserve;
(ii) the Naval Emergency Reserve Forces;
(iii) the Australian Army Reserve;
(iv) the Australian Air Force Reserve;
(v) the Air Force Emergency Force; or
(vi) the Regular Army Emergency Reserve,
the pay and allowances paid to the person as such a member (other than pay and allowances in respect of continuous full-time service) and, in the case of a member of a Force referred to in subparagraph (ii), (v) or (vi), any gratuity paid to the person by reason of a calling out for continuous service of that Force or of a part of that Force;
(q) a payment by way of:
(i) service pension, wife’s service pension or carer’s service pension under Part III of the
Veterans’ Entitlements Act 1986 ;(ii) attendant allowance under section 98 of that Act;
(iii) recreation allowance under section 104 of that Act;
(iv) an allowance for the running and maintenance of a motor vehicle under the Vehicle Assistance Scheme referred to in section 105 of that Act;
(v) decoration allowance under section 102 of that Act;
(vi) Victoria Cross allowance under section 103 of that Act; or
(vii) clothing allowance under section 97 of that Act;”.
Omit “or” (last occurring).
(a) Omit “(x)”, substitute “(w)”.
(b) Omit “or”.
Omit “(w)”, substitute “(x)”.
Add “or” at the end of the paragraph.
Omit “or” from the end of the paragraph.
Omit the paragraph.
Omit the definition.
Add at the end the following subsections:
“(10) Where:
(a) a person who is living with another person of the opposite sex as the spouse of that other person on a
bona fide domestic basis although not legally married to that other person; and(b) either of those persons is under the age of consent applicable in the State or Territory in which those persons are living;
neither of those persons shall be treated as a married person for the purposes of this Act.
“(11) The rate of a pension, benefit or allowance under this Act payable to a person to whom subsection (10) applies shall not exceed the rate at which it would be payable to the person if the person were married to the other person.”.
Omit “, 34 (2) (b)”.
Omit “, a benefit under Part IVaaa, an allowance under Part VIIa or a rehabilitation allowance under Part VIII”, substitute “or a benefit under Part IVaaa”.
(a) Omit “VII,”, substitute “VII or”.
(b) Omit “or an allowance under section 9 of the
Tuberculosis Act 1948 ”.
(a) Omit “, a service pension”, substitute “or a service pension”.
(b) Omit “or an allowance under section 9 of the
Tuberculosis Act 1948 ”.
(a) Omit “Part,”, substitute “Part or a”.
(b) Omit “or an allowance under the
Tuberculosis Act 1948 the rate of which is determined having regard to residence in the remote area”.
(a) Omit “child”, substitute “person”.
(b) Omit “his mother”, substitute “the person’s mother or father”.
(c) Insert “or her” before “arrival”.
Omit “83ca (2) (c) or 83cA (2) (d)”, substitute “83ca (2) (a) or 83ca (2) (b)”.
Omit “83ca (2) (c) or (d)”, substitute “83ca (2) (a) or (b)”.
Omit “or under the
Add “or” at the end of the subparagraph.
Omit the subparagraph.
Omit “, or a service pension under
the
Omit “or under the
Insert “,” after “In this section”.
Omit “or an allowance under the
Omit the subsection, substitute the following subsection:
“(2) Where a person who was absent from Australia on 1 July 1986:
(a) commences after that day to receive a pension by virtue of section 21a, subsection 31 (1a), subparagraph 33 (1) (c) (ii) or section 61a; or
(b) being a person to whom a wife’s pension was payable at a rate calculated in accordance with subsection (3), commences to receive a pension by virtue of section 61b;
the annual rate of pension payable to the person while the person is absent from Australia is the rate calculated in accordance with subsection (3).”.
Omit “and paid”.
(a) Insert “, as amended by further agreements (if any),” before “between”.
(b) Omit “the” (last occurring), substitute “a”.
Omit “or an allowance under the
Omit “or an allowance is payable
under the
Omit the subsection, substitute the following subsection:
“(2) Subject to subsection (3), the prescribed rate of income applicable to a person
is:
(a) in the case of an unmarried person—$3,536 per annum; or
(b) in the case of a married person—$2,912 per annum.”.
Omit the subsection, substitute the following subsection:
“(5) In this section, ‘income’
includes, in the case of a person to whom section 6ad of this Act or section 53 of the
per annum that is taken into account under subsection (3) of that section in relation to the person.”.
Omit “(3)”, substitute “(2)”.
Omit “to a person”.
Omit the subsection, substitute the following subsection:
“(6) Where the Secretary is satisfied that:
(a) a person who:
(i) has attained the age of 55 years and, in the case of a man, has not attained the age of 64 years and 6 months or, in the case of a woman, has not attained the age of 59 years and 6 months;
(ii) is in receipt of an unemployment benefit and has, for the preceding 12 months, been in continuous receipt of a benefit;
(iii) is not indebted to the Commonwealth under or as a result of this Act; and
(iv) in the opinion of the Secretary:
(a) is not likely to be employed; and
(b) will comply with the requirements of this Act;
(b) a person who is in receipt of an unemployment benefit that was granted before 1 November 1977; or
(c) a person who is in receipt of an unemployment benefit and who, immediately before commencing to receive that benefit, was in receipt of a prescribed pension the last payment of which was in respect of a period that ended after the day on which the payment was made;
may reasonably be expected to fulfil, or has fulfilled, the requirements of the preceding provisions of this section in respect of a period, the person is qualified to receive an unemployment benefit in respect of that period.”.
Omit the subsection, substitute the following subsection:
“(1c) Where the Secretary is satisfied that:
(a) a person who is in receipt of a sickness benefit that was granted before 2 August 1982;
(b) a person who is in receipt of a sickness benefit and who, immediately before commencing to receive that benefit, was in receipt of an unemployment benefit that was granted before 1 November 1977; or
(c) a person who is in receipt of a sickness benefit and who, immediately before commencing to receive that benefit, was in receipt of a prescribed pension the last payment of which was in respect of a period that ended after the day on which the payment was made;
may reasonably be expected to fulfil, or has fulfilled, the requirements of the preceding provisions of this section in respect of a period, the person is qualified to receive a sickness benefit in respect of that period.”.
Add at the end the following subsection:
“(3) For the purposes of this section, the income of a person includes:
(a) a payment received by the person under the New Enterprise Incentive Scheme; and
(b) any amount payable to the person or to the person’s spouse under Part V.”.
Add “or” at the end of the subparagraph.
Omit the subparagraph.
(a) Add “or” at the end of subparagraph (ii).
(b) Omit subparagraph (iii).
Omit “employment” (last occurring), substitute “unemployment”.
Repeal the section.
Omit the definition.
(a) Omit “, claimants for allowances and claimants for pensions”, substitute “ and persons who are eligible or qualified to receive pensions or allowances”.
(b) Omit “and claimants for benefits”, substitute “and persons who are qualified to receive benefits”.
Omit the subparagraph.
Omit “a claimant for”, substitute “a person who is eligible or qualified to receive”.
(a) Omit “a claimant for”, substitute “eligible or qualified to receive”.
(b) Omit “for which he was such a claimant”.
Omit “or, in the case of a claimant, for which the person was a claimant”.
Repeal the sections.
Omit the paragraph, substitute the following paragraph:
“(b) in the case of a notice given under subsection (2):
(i) where the notice relates to the payment of a benefit under Part VII— such period as is specified in the notice; or
(ii) in any other case—not less than 14 days.”.
Omit the subsections.
(a) Insert “a widow’s pension, a supporting parent’s benefit or” after “in receipt or’.
(b) Omit “that benefit” (wherever occurring), substitute “that pension or benefit”.
Insert the following section:
“13stjb. (1) In this section, ‘pension’ means an invalid pension, a benefit under Part VII or a sheltered employment allowance under Part VIIa.
“(2) If, in the opinion of the Secretary, a person who is in receipt of a pension or a person who is eligible or qualified to receive a pension should:
(a) undergo a medical or psychological examination;
(b) receive medical or other treatment;
(c) undertake a course of training to improve the person’s physical or intellectual capacity;
(d) undertake a course of vocational training; or
(e) do any work suitable to be done by the person;
the Secretary may refuse to grant or pay the pension to the person, or suspend or cancel the pension, as the case may be, unless the person complies with the reasonable requirements of the Secretary with respect to any such matter.”.
(a) Add “or” at the end of paragraph (c).
(b) Omit “or” from the end of paragraph (d).
(c) Omit paragraph (e).
Omit “or an allowance under section
9 of the
Repeal the section.
Omit “or defer”.
After the definition of “claim”, insert the following definitions:
“computer’ means a device that is used by the Department for storing or processing information;
‘decision’ has the same meaning as in the
Administrative Appeals Tribunal Act 1975 ;”.
Omit “determines in writing”, substitute “decides”.
Omit “, in writing,”.
Omit “, by writing, determine”, substitute “decide”.
Omit “, by determination in writing,”.
Omit “determines in writing”, substitute “decides”.
Omit “determines in writing”, substitute “decides”.
Omit “determines in writing”, substitute “decides”.
Omit “determines in writing”, substitute “decides”.
Omit “determines in writing”, substitute “decides”.
Omit “determine”, substitute “decide”.
Omit “determine in writing”, substitute “decide”.
Omit “determines in writing”, substitute “decides”.
Omit “determines in writing”, substitute “decides”.
Omit the paragraph, substitute the following paragraph:
“(a) the Secretary has, under section 14, set aside a decision; or”.
Omit all the words after “but for the”, substitute “decision having been made.”.
Omit “determines in writing”, substitute “decides”.
Omit “approves in writing”, substitute “decides”.
Omit the paragraph.
Omit “, by instrument in writing, determine”, substitute “decide”.
Omit “determination”, substitute “decision”.
Omit “determine in writing”, substitute “decide”.
Omit “determination”, substitute “decision”.
Omit “determine in writing”, substitute “decide”.
Omit “direct in writing”, substitute “decide”.
Omit “direction” (wherever occurring), substitute “decision”.
Omit “direct in writing”, substitute “decide”.
(a) Omit “determine in writing”, substitute “decide”.
(b) Omit “determination” (wherever occurring), substitute “decision”.
Omit “, by writing signed by him,”.
Omit “by writing signed by him”.
Omit “determines in writing”, substitute “decides”.
Omit “direct in writing”, substitute “decide”.
(a) Omit “direction” (wherever occurring), substitute “decision”.
(b) Omit “given” (wherever occurring), substitute “made”.
Omit the subsections.
(a) Omit “determine in writing”, substitute “decide”.
(b) Omit “determination”, substitute “decision”.
Omit “, by instrument in writing, determine”, substitute “decide”.
Omit “of any allowance”.
Omit the subsection.
Add at the end the following subsections:
“(6) For the purposes of this section, the definition of ‘income’ in subsection 6 (1) shall be construed as if paragraphs (u) and (v) were omitted and the following paragraph were substituted:
‘(u) a payment (other than a periodical payment or a payment representing an accumulation of instalments) made to reimburse a person in respect of medical, dental or similar expenses paid by the person;’.
“(7) Where a person is entitled to receive income by way of periodical payments made at intervals longer than one week, the person shall be deemed to receive in each week an amount proportionate to the number of weeks in each period in respect of which the person is entitled to receive payment.
“(8) Where a person who is qualified to receive a benefit is entitled to be paid a lump sum by the person’s former employer in consequence of the termination of the person’s employment, the person shall be deemed to have received the lump sum on the day on which the person’s employment was terminated.”.
Add at the end the following subsection:
“(4) Where the weekly rate of a benefit payable to a person would, but for this subsection, include 0.5 cent, that rate shall be increased by 0.5 cent.”.
Omit “(not including an allowance under section 112a)”.
Omit “in accordance with section 45, 74 or 83aah or”.
Omit “in accordance with section 45, 74, 83aah or”.
Omit “in accordance with section 30b, 45, 65b, 74 or 83aah or”.
Repeal the section.
Omit “, 30a, 112a”.
Omit “determined in writing”, substitute “decided”.
Omit “by determination in writing”, substitute “decide to”.
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SCHEDULE 1 Section 83ag
PART A
AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE COMMONWEALTH OF AUSTRALIA
The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Commonwealth of Australia,
Being resolved to co-operate in the social field,
Desiring to make arrangements enabling persons who go from one country to the other to receive social security benefits for age, widowhood, invalidity, sickness, unemployment and family responsibilities, as far as possible at the same rates and under the same conditions as persons who have been resident in the latter country,
Have agreed as follows:
PART I—Definitions and General Provisions
ARTICLE 1
For the purposes of this Agreement, unless the context otherwise requires—
(a) “age pension”, “invalid pension”, “wife’s allowance” and “child’s allowance” have the same meaning as in the legislation of Australia;
(b) “benefit” means pension, allowance or benefit payable under the legislation of one (or the other) country and includes any increase payable for a dependant;
(c) “child” means, in relation to any person, a child, as defined in the legislation which is being applied, who would be treated under that legislation as being a child of that person or included in his family;
(d) “competent authority” means, in relation to the United Kingdom, the Minister of Pensions and National Insurance, the Ministry of Labour and National Insurance for Northern Ireland or the Isle of Man Board of Social Services, as the case may require, and, in relation to Australia, the Director-General of Social Services;
(e) “country” means, according to the context, the United Kingdom or Australia;
(f) “family benefit” means, in relation to the United Kingdom, a family allowance payable under the legislation of the United Kingdom, and, in relation to Australia, child endowment payable under the legislation of Australia;
(g) “former Agreement” means the Agreement on Social Security signed in London on the 8th June, 1953, on behalf of the Contracting Parties;
(h) “full standard rate” means, in relation to any benefit payable under the legislation of the United Kingdom, the rate at which the beneficiary would be qualified to receive that benefit if the relevant contribution conditions were fully satisfied;
(i) “guardian’s allowance”, “widow’s allowance”, “widowed mother’s allowance” and “widow’s basic pension” have the same meaning as in the legislation of the United Kingdom;
(j) “legislation” means, according to the context, the laws, orders and regulations specified in Article 2 which are or have been or may hereafter be in force in any part of one (or the other) country;
(k) “means test” means any provision of the legislation of Australia which affects the payment or rate of a benefit on account of income or property;
(l) “pension age” means, in relation to any person, the age at which that person is treated as reaching pensionable age under the legislation of the United Kingdom;
(m) “qualified to receive” means, in relation to the United Kingdom, entitled to receive subject to any disqualification or any provision about giving notice, claiming, earnings, hospital treatment or overlapping benefits which may be appropriate and, in relation to Australia, qualified to receive after taking into account any means test which may be appropriate;
(n) “retirement pension” has the same meaning as in the legislation of the United Kingdom and includes a contributory old age pension payable under that legislation;
(o) “United Kingdom” means England, Scotland, Wales, Northern Ireland and the Isle of Man;
(p) “widow’s benefit” means, in relation to the United Kingdom, a widow’s allowance, widowed mother’s allowance or widow’s pension payable under the legislation of that country or a widow’s basic pension so payable to a woman who became a widow before the 5th July, 1948;
(q) “widow’s pension”, in relation to the United Kingdom, means a widow’s pension payable under the legislation of the United Kingdom other than a widow’s basic pension, and, in relation to Australia, has the same meaning as in the legislation of Australia.
ARTICLE 2
(1) The provisions of this Agreement shall apply—
(a) in relation to the United Kingdom—
(i) to the National Insurance Act, 1946, the National Insurance Act (Northern Ireland), 1946, the National Insurance (Isle of Man) Act, 1948, and the legislation in force before the 5th July, 1948, which was replaced by those Acts; and
(ii) to the Family Allowances Act, 1945, and the Family Allowances (Isle of Man) Act, 1946; and
(b) in relation to Australia, to the Social Services Act 1947-1957.
(2) Subject to the provisions of paragraph (4) of this Article, this Agreement shall apply also to laws, orders and regulations which carry into effect, amend, supplement or consolidate the legislation specified in paragraph (1) of this Article.
(3) This Agreement shall apply to laws, orders and regulations which amend or supplement the legislation specified in paragraph (1) or (2) of this Article for the purpose of giving effect to it or to any agreement on social security which any two of the competent authorities of the United Kingdom have made with one another.
(4) Subject to the provisions of paragraph (2) of Article 32, this Agreement shall apply, only if the Contracting Parties so agree, to laws, orders and regulations which amend or supplement the legislation specified in paragraph (1) or (2) of this Article for the purpose of giving effect to any other reciprocal agreement on social security which one (or the other) Party has made with the Government of a third country or which any of the competent authorities of the United Kingdom has made with the authority administering any scheme of social security in a third country.
PART II—Retirement Pensions and Age Pensions
ARTICLE 3
(a) she has paid one hundred and fifty-six contributions under the legislation of the United Kingdom (other than contributions which would not be taken into account for the purposes of any claim to receive a benefit under that legislation) for any period after the date of her marriage and before the date when she reaches pension age; or
(b) at the time when she was last in Australia, she was being treated as a widow for the purposes of her right to receive a widow’s pension under the legislation of Australia, or would have been so treated but for her earnings.
Provided that a married woman who does not satisfy either of the conditions specified in paragraph (2) of this Article shall be treated for the purposes of this paragraph as if her husband and not she satisfied the said contribution conditions.
ARTICLE 4
For the purposes of any claim to receive a retirement pension, a person shall be deemed to have retired from regular employment if, at any time within the four months before his arrival in the United Kingdom, he was receiving an age pension.
ARTICLE 5
For the purposes of those provisions of the legislation of the United Kingdom which concern the payment of contributions for any period after the insured person has reached pension age and the increase of the weekly rate of retirement pension by virtue of those contributions, a person who was resident in Australia for any period shall be treated as if he had become an insured person at the beginning of that period.
ARTICLE 6
A person who at any time before the 7th January, 1954, chose not to qualify for a retirement pension but to have a refund of part of the contributions which he had paid under the legislation of the United Kingdom may, if he was resident in Australia for any period before or after that time, cancel that choice by giving notice to the competent authority of the United Kingdom and repaying the sum which he received by way of refund of contributions.
ARTICLE 7
ARTICLE 8
(a) during which he was resident in the United Kingdom; or
(b) during which he was proceeding from the United Kingdom to Australia, if he arrived in Australia within thirteen weeks after leaving the United Kingdom.
PART III—Widows’ Benefits and Widows’ Pensions
ARTICLE 9
(a) a widowed mother’s allowance if she has a child in her family or if she has residing with her a person under the age of eighteen years and the widow’s pension which she was receiving at the time when she was last in Australia was being paid to her on the basis that she had the custody, care and control of that child or of that person; or
(b) a widow’s pension or retirement pension, as the case may require, if she is not qualified to receive a widowed mother’s allowance but had reached the age of fifty years either before she has left Australia or when she ceased to be qualified to receive a widowed mother’s allowance.
ARTICLE 10
(a) during which the child is in Australia; or
(b) during which the child is proceeding from one country to the other, if he arrives in the latter country within thirteen weeks after leaving the former country.
ARTICLE 11
(a) during which she was resident in the United Kingdom;
(b) during which she was absent from the United Kingdom, if her husband paid contributions or had contributions credited to him for that period under the legislation of the United Kingdom; or
(c) during which she was proceeding from the United Kingdom to Australia, if she arrived in Australia within thirteen weeks after leaving the United Kingdom.
PART IV—Family Allowances, Guardians’ Allowances and Child Endowment
ARTICLE 12
(a) if a person who has claimed family benefit under the legislation of one country or the child for whom family benefit has been so claimed is permanently resident in that country, then, for the purposes of any right to receive that benefit, any period during which he was resident or present in the other country shall be treated as a period during which he was, respectively, resident or present in the former country and, if he was born in the latter country, he shall be treated as if he had been born in the former country; and
(b) if a person who has claimed family benefit under the legislation of one country is temporarily absent from that country, he shall, for the purposes of any right
to receive that benefit, be treated during any period during which he is in the other country as if he were in the former country, provided that the said period begins within thirteen weeks after the time when he was last in the former country; but he shall be qualified to receive only the amount of family benefit which he would have received under the legislation of the latter country if that amount is less than the amount which he would have received under the legislation of the former country.
ARTICLE 13
Where a person who is permanently resident in the United Kingdom claims a guardian’s allowance for a child who is permanently resident there, any parent of that child who, after reaching the age of fifteen years, was resident in Australia on or after the 5th July, 1948, shall be treated as if he had been insured under the legislation of the United Kingdom.
ARTICLE 14
The Contracting Parties agree that the Reciprocal Arrangements relating to Family Allowances in Northern Ireland and Child Endowment in Australia, a Memorandum of which is set out in the Schedule to the former Agreement, shall continue to have effect.
PART V—Sickness Benefits and Invalid Pensions
ARTICLE 15
If a person in Australia claims a sickness benefit under the legislation of that country, he shall be treated, for the purposes of that claim, as if he had been resident in Australia—
(a) during any period during which he was resident in the United Kingdom; and
(b) during the period after his departure from the United Kingdom until his arrival in Australia, if that period does not exceed thirteen weeks.
ARTICLE 16
(a) as if he had been resident in Australia during any period—
(i) during which he was resident in the United Kingdom; or
(ii) during which he was proceeding from the United Kingdom to Australia, if he arrived in Australia within thirteen weeks after leaving the United Kingdom; and
(b) as if he had become permanently incapacitated for work or permanently blind while in Australia, if he became permanently incapacitated for work or permanently blind, as the case may be, while in the United Kingdom or while proceeding from the United Kingdom to Australia.
(a) he shall not receive more by way of such pension than the amount of the sickness benefit which he would have received under the legislation of the United Kingdom if he had remained in that country and any provision of that legislation about overlapping benefits which would have been appropriate in his case had not been applied;
(b) his wife shall not receive more by way of a wife’s allowance than the amount by which the amount of the sickness benefit which he would have received under the legislation of the United Kingdom exceeds the amount of the invalid pension which he is qualified to receive; and
(c) any child’s allowance which he or his wife is qualified to receive shall not exceed the amount by which the amount of the sickness benefit which he would have received under the legislation of the United Kingdom exceeds the total amount of the invalid pension and the wife’s allowance which he and his wife are respectively qualified to receive.
ARTICLE 17
(a) as if he had paid a contribution—
(i) under the legislation of the United Kingdom concerning National Health Insurance in force before the 5th July, 1948, for any week before that date during which he was gainfully occupied under a contract of service in Australia;
(ii) as an employed person for any week after that date during which he was gainfully occupied under a contract of service in Australia;
(iii) as a self-employed person for any other week after that date during which he was gainfully occupied in Australia; and
(iv) as a non-employed person for any week after that date during which he was proceeding from either country to the other, if he arrived in the latter country within thirteen weeks after leaving the former country;
(b) as if he had had a contribution credited to him—
(i) as an employed person for any week during which he was resident in Australia and was unemployed and available for work or was incapable of work, if that week was part of a period during which he was ordinarily gainfully occupied under a contract of service; and
(ii) as a self-employed person for any other week during which he was resident in Australia and was incapable of work, if that week was part of a period during which he was ordinarily gainfully occupied.
(a) a sickness benefit, an invalid pension or a rehabilitation allowance under the legislation of Australia; or
(b) a payment under the Tuberculosis Act 1948 of the Commonwealth of Australia, when he was last in Australia and is incapable of work at the time when he arrives in the United Kingdom, he shall be treated under the legislation of the United Kingdom as if, at that time and for so long as he continues from that time to be incapable of work, he satisfied the contribution conditions under which sickness benefit is payable for an indefinite period.
PART VI—Unemployment Benefits
ARTICLE 18
(a) during which he was resident in the other country; or
(b) during which he was proceeding from the latter country to the former country, if that period does not exceed thirteen weeks.
(a) as if he had paid a contribution—
(i) as an employed person for any week during which he was gainfully occupied under a contract of service in Australia;
(ii) as a self-employed person for any other week during which he was gainfully occupied in Australia; and
(iii) as a non-employed person for any week during which he was proceeding from either country to the other, if he arrived in the latter country within thirteen weeks after leaving the former country;
(b) as if he had had a contribution credited to him—
(i) as an employed person for any week during which he was resident in Australia and was unemployed and available for work or was incapable of work, if that week was part of a period during which he was ordinarily gainfully occupied under a contract of service; and
(ii) as a self-employed person for any other week during which he was resident in Australia and was incapable of work, if that week was part of a period during which he was ordinarily gainfully occupied.
PART VII—Beneficiaries moving from one Country to the other
ARTICLE 19
Where a person—
(a) leaves Australia to become permanently resident in the United Kingdom and arrives in the United Kingdom within thirteen weeks after leaving Australia; and
(b) was qualified to receive and was receiving an age pension, an invalid pension, a wife’s allowance, a child’s allowance or a widow’s pension under the legislation of Australia, whether by virtue of this Agreement or otherwise, immediately before leaving Australia,
that pension shall not cease to be payable, and may be paid, for the period during which he is proceeding to the United Kingdom.
ARTICLE 20
(a) is temporarily absent from Australia and arrives in the United Kingdom within thirteen weeks after leaving Australia; and
(b) was qualified to receive, and was receiving, a benefit immediately before leaving Australia,
that benefit shall not cease to be payable, and may be paid, during that temporary absence, but payment for the period after his departure from the United Kingdom until his arrival in Australia shall not be made unless that period does not exceed thirteen weeks.
(a) who is temporarily absent from Australia and arrives in the United Kingdom within thirteen weeks after leaving Australia;
(b) who, if he had not left Australia, would have become qualified to receive a benefit at a time during that temporary absence; and
(c) who, if that time is between the date of his departure from the United Kingdom and the date of his arrival in Australia, arrives in Australia within thirteen weeks after leaving the United Kingdom,
shall be treated as if had become qualified to receive that benefit at that time, and the benefit shall be payable, and may be paid, during his temporary absence, but payment for the period after his departure from the United Kingdom until his arrival in Australia shall not be made unless that period does not exceed thirteen weeks.
(a) a person is, by virture of the last preceding paragraph, treated as if he had become qualified to receive a benefit at a time after his departure from Australia
but before his arrival in the United Kingdom or after his departure from the United Kingdom but before his arrival in Australia; and
(b) he lodges a claim for that benefit within fourteen days after his arrival in the United Kingdom or Australia, as the case may be,
the claim shall be treated, for the purposes of determining the date from which the benefit may be paid, as if it had been lodged at the time when he is treated as having become so qualified.
ARTICLE 21
(a) leaves the United Kingdom to become permanently resident in Australia and arrives in Australia within thirteen weeks after leaving the United Kingdom; and
(b) was qualified to receive a retirement pension or a widow’s benefit under the legislation of the United Kingdom, whether by virtue of this Agreement or otherwise, immediately before his departure from the United Kingdom,
that person shall continue to be so qualified for the period of the journey.
PART VIII—Miscellaneous Provisions
ARTICLE 22
ARTICLE 23
Where a person was qualified under the legislation of either country, whether by virtue of this Agreement or otherwise, to receive family benefit for a child immediately before he or the child or both left one of the two countries and would have remained so qualified if he or the child or both, as the case may be, had not left that country, the benefit shall not cease to be payable, and may be paid, for any period (not exceeding thirteen weeks in the case of any one journey) during which he or the child or both, as the case may be, are proceeding to the other country.
ARTICLE 24
Where a person who is not resident in the United Kingdom is in Australia and is qualified to receive any benefit under the legislation of the United Kingdom, the rate of that benefit shall be determined in accordance with those provisions of that legislation which concern the payment of benefit to persons who are not resident in the United Kingdom.
ARTICLE 25
ARTICLE 26
Where a widow who is permanently resident in the United Kingdom was receiving an invalid pension of a widow’s pension under the legislation of Australia, otherwise than by virtue of this Agreement or the former Agreement, from the time when her husband died until the time when she was last in Australia, she shall, for the purposes of any claim to receive a sickness benefit, an unemployment benefit or a retirement pension under the legislation of the United Kingdom, be treated as if, at the time when she arrived in the United Kingdom, she ceased to be entitled to a widow’s allowance under that legislation.
I have the honour to confirm that the foregoing proposals are acceptable to the Government of Australia, who therefore agree that your Note together with this reply, shall constitute an Agreement between our two Governments which shall enter into force on 9 February 1987.
Yours sincerely
A. R. PARSONS
The Rt Hon. Sir Geoffrey Howe, QC, MP,
Secretary of State for Foreign and Commonwealth Affairs,
Foreign and Commonwealth Office,
Downing Street,
LONDON SW1A 2AL
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SCHEDULE 3 Section 83ag
AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF NEW ZEALAND PROVIDING FOR RECIPROCITY IN MATTERS RELATING TO SOCIAL SECURITY
The Government of Australia, and The Government of New Zealand,
WISHING to strengthen the existing friendly relations between the two countries, and DESIRING to co-ordinate the operation of their respective social security systems and to enhance the equitable access by people who move between Australia and New Zealand to social security benefits provided for under the laws of both countries,
HAVE agreed as follows:
PART I—INTERPRETATION AND SCOPE
ARTICLE 1
1. In this Agreement, unless the context otherwise requires:
(a) “Australian benefit” means a benefit referred to in Article 2 in relation to Australia;
(b) “benefit” means Australian benefit or New Zealand benefit;
(c) “competent authority” means, in the case of Australia, the Secretary to the Department of Social Security or an authorised representative of the Secretary and, in the case of New Zealand, the Social Security Commission of New Zealand or, if either no longer exists, such other officer or body as the responsible Minister for the Contracting Party concerned notifies to the responsible Minister for the other Contracting Party;
(d) “New Zealand benefit” means a benefit referred to in Article 2 in relation to New Zealand; and
(e) “social security laws” means:
(i) in relation to Australia, the Social Security Act 1947, and any Act passed in substitution for that Act, as amended, but not including amendments effected by laws made by Australia for the purposes of giving effect to an agreement on social security; and
(ii) in relation to New Zealand, the Social Security Act 1964, and any Act passed in substitution for that Act, as amended.
2. This Agreement applies:
(a) in relation to Australia, to its external territories in the same manner as the social security laws of Australia apply to those territories; and
(b) in relation to New Zealand, to New Zealand only and not to the Cook Islands, Niue or Tokelau,
and references to “Australia”, “New Zealand” or “territory” in relation to either of them shall be read accordingly.
3. In the application of this Agreement by a Contracting Party, any term not defined in this Agreement shall, unless the context otherwise requires, have the meaning which
it has under the legislation within the scope of this Agreement, in relation to that Contracting Party, by virtue of Article 2.
ARTICLE 2
1. The legislation within the scope of this Agreement is:
(a) in relation to Australia: the Social Security Act 1947 as amended at the date of signature of this Agreement and any legislation that subsequently amends, supplements or replaces that Act, in so far as that Act and that legislation provide for and in relation to the following benefits:
(i) age pensions;
(ii) invalid pensions;
(iii) wives’ pensions;
(iv) carers’ pensions;
(v) widows’ pensions;
(vi) supporting parents’ benefits;
(vii) unemployment benefits;
(viii) sickness benefits;
(ix) double orphans’ pensions; and
(x) family allowances; and
(b) in relation to New Zealand: the Social Security Act 1964 as amended at the date of signature of this Agreement and any legislation that subsequently amends, supplements or replaces that Act, in so far as that Act and that legislation provide for and in relation to the following benefits:
(i) national superannuation;
(ii) invalids’ benefits;
(iii) widows’ benefits;
(iv) domestic purposes benefits;
(v) unemployment benefits;
(vi) sickness benefits;
(vii) orphans’ benefits; and
(viii) family benefits.
2. Notwithstanding the provisions of paragraph 1, the legislation within the scope of this Agreement shall not include any laws made, whether before or after the date of signature of this Agreement, for the purpose of giving effect to any bilateral agreement on social security entered into by either Contracting Party.
3. The competent authorities of the Contracting Parties shall notify each other of legislation that amends, supplements or replaces the legislation within the scope of this Agreement in relation to their respective Contracting Parties, promptly after the first-mentioned legislation is enacted.
ARTICLE 3
This Agreement shall apply to persons who move between Australia and New Zealand and who are residing in either or both of Australia and New Zealand.
ARTICLE 4
1. The persons to whom this Agreement applies shall be treated equally by each of the Contracting Parties in regard to rights and obligations which arise by virtue of this Agreement in relation to each Contracting Party.
2. Subject to this Agreement, the citizens of each of the Contracting Parties shall be treated equally in the application of the social security laws of Australia and of New Zealand and, in any case in which entitlement to a benefit payable under those laws by a Contracting Party depends, in whole or in part, on citizenship of that Contracting Party, a person who is a citizen of the other Contracting Party shall, for the purposes of a claim for that benefit, deemed to be a citizen of the first-mentioned Contracting Party.
PART II—RESIDENCE
ARTICLE 5
A person shall not be entitled, by virtue of this Agreement, to the benefits payable by a Contracting Party unless that person:
(a) is residing permanently in the territory of that Contracting Party; or
(b) has been in that territory for a period of 6 months (without regard to any earlier periods spent in that territory),
and otherwise meets the requirements of the social security laws of that Contracting Party in relation to those benefits.
ARTICLE 6
1. Where a person is residing in the territory of one of the Contracting Parties and is a claimant for a benefit payable by that Contracting Party, each period of residence accumulated by that claimant or, as appropriate, by a related person in the territory of the other Contracting Party shall be deemed, for the purposes of the claim for that benefit, to be a period of residence by that claimant or related person in the territory of the first-mentioned Contracting Party.
2. In paragraph 1:
(a) “related person” means:
(i) the spouse of the claimant;
(ii) the last deceased spouse of the claimant;
(iii) a child in respect of whom the benefit referred to in paragraph 1 is claimed; or
(iv) the last surviving parent, or the deceased parent formerly responsible for the care and control, of the claimant,
as the circumstances require; and
(b) “benefit” does not include unemployment benefit.
3. For the purposes of the social security laws of Australia relating to family allowance, a period of residence accumulated in New Zealand by a person, and by a child in respect of whom that benefit is claimed by that person, shall be deemed to be a period in which the person and the child had been in Australia.
ARTICLE 7
1. Subject to paragraph 2, the question whether a person is or, at any past time, was residing in the territory of one of the Contracting Parties for the purposes of this Agreement shall be determined by reference to the domestic laws of that Contracting Party.
2. Where, for a period, a person is a resident of both Australia and New Zealand, that period shall be counted:
(a) in relation to a claim for an Australian benefit, only as a period of residence in Australia; and
(b) in relation to a claim for a New Zealand benefit, only as a period of residence in New Zealand.
PART III—PROVISIONS RELATING TO BENEFITS
ARTICLE 8
Where a person:
(a) moves permanently from the territory of one Contracting Party to the territory of the other Contracting Party and arrives in the last-mentioned territory not more than 12 weeks after his or her departure from the first-mentioned territory; and
(b) immediately prior to his or her departure, was paid a benefit by the first-mentioned Contracting Party,
any benefit that is payable, whether by virtue of this Agreement or otherwise, to that person by that other Contracting Party shall be paid with effect from a date conforming with the pattern of payments for the benefit payable to the person, being a date not later than the date succeeding that on which the first-mentioned benefit ceased to be paid.
ARTICLE 9
Where a benefit is payable by a Contracting Party by virtue of this Agreement to or in respect of a person, there shall also be payable any supplement or additional amount that is payable, in addition to that benefit, to or in respect of a person who qualifies for that supplement or additional amount under the social security laws of that Contracting Party.
ARTICLE 10
1. A person shall be entitled by virtue of this Agreement to the payment by New Zealand of national superannuation only if:
(a) that person is of an age at which an age pension may be payable to the person; and
(b) the income and assets of the person are such as would entitle the person to the payment of an age pension,
under the social security laws of Australia.
2. The rate of national superannuation payable by New Zealand by virtue of this Agreement to a person shall be subject to deduction of the amount of any Australian benefit payable to that person, in the same manner as the rate of national superannuation may be reduced under the social security laws of New Zealand by the amount of any
overseas benefit, pension or periodical allowance, or part thereof, that is payable to a person entitled to receive a benefit under those laws.
ARTICLE 11
Where a widow’s benefit, a domestic purposes benefit or an orphan’s benefit would be payable by New Zealand but for the fact that a child to whom that benefit would relate was born in Australia, that child shall, for the purposes of a claim for that benefit, be deemed to have been born in New Zealand.
ARTICLE 12
Where a benefit specified in one of the columns set out in the following table has been paid by the Contracting Party named at the head of that column to or in respect of a person who is residing in the territory of that Contracting Party, that benefit shall cease to be payable if the other Contracting Party pays, to or in respect of that person while he or she is in the territory of the other Contracting Party, a benefit specified in the other column of that table.
Family Allowance Family Benefit
Double Orphan’s Pension Orphan’s Benefit
ARTICLE 13
1. This Article applies to any person who is a citizen of one of the Contracting Parties and who is in the territory of the other Contracting Party.
2. Subject to paragraph 4, a person to whom this Article applies shall be entitled to the payment of unemployment benefit by a Contracting Party only if the person:
(a) has been continuously present in the territory of that Contracting Party for not less than 6 months since the date of his or her most recent arrival in that territory;
(b) is residing in that territory on the date on which the person lodges a claim for that benefit and resides or has resided there throughout the period in respect of which the claim is lodged;
(c) satisfies the competent authority of that Contracting Party, by reference to the person’s circumstances, or his or her work history in that territory, that the person has permanently settled in that territory; and
(d) meets those criteria which are specified for that benefit by the social security laws of that Contracting Party in regard to age, unemployment, capability and willingness to undertake suitable work, efforts to obtain such work and non-receipt of other benefits.
3. For the purposes of sub-paragraph 2 (c):
(a) a person shall be deemed to satisfy the requirements in relation to work history in the territory of a Contracting Party if, since the date referred to in sub-paragraph 2 (a), the person has undertaken:
(i) in relation to Australia, paid work for 8 weeks of at least 30 hours per week; or
(ii) in relation to New Zealand, 8 weeks full employment;
(b) consideration of a person’s circumstances shall include consideration of:
(i) the person’s family arrangements;
(ii) the housing or accommodation arrangements of the person and, if applicable, of the spouse and children of the person, whether in the territory of the Contracting Party concerned, of the other Contracting Party or elsewhere, including actions such as the purchase or lease of a home in the first-mentioned territory and the disposal of a former home in the other territory or elsewhere; and
(iii) the arrangements made by the person in regard to any bank or comparable accounts, the transfer, disposal or location of any property, and taxation clearances.
4. Where a person to whom this Article applies has been resident in the territory of a Contracting Party for the period of 12 months immediately preceding the date on which the person lodges a claim for unemployment benefit in that territory, the person shall be required to meet, in relation to that claim, only the criteria specified for that benefit by the social security laws of that Contracting Party.
5. For the purposes of paragraph 4, a period of residence in the territory of a Contracting Party in relation to a person shall include any period or periods of temporary absence by that person from that territory that do not exceed in the aggregate 2 calendar months, and that do not break the continuity of that period of residence.
ARTICLE 14
1. This Article applies to any person who is a citizen of one of the Contracting Parties and who is in the territory of the other Contracting Party.
2. Subject to paragraph 3, a person to whom this Article applies shall not be granted a supporting parents’ benefit or a domestic purposes benefit by a Contracting Party unless, in addition to meeting the requirements for that benefit of the social security laws of that Contracting Party, the person has been continuously present in the territory of that Contracting Party for not less than 6 months since the date of his or her most recent arrival in that territory.
3. Where a person to whom this Article applies has been resident in the territory of a Contracting Party for the period of 12 months immediately preceding the date on which the person lodges a claim, in Australia, for supporting parents’ benefit or, in New Zealand, for domestic purposes benefit, the person shall be required to meet, in relation to that claim, only the criteria specified for that benefit by the social security laws of that Contracting Party.
4. For the purposes of paragraph 3, a period of residence in the territory of a Contracting Party in relation to a person:
(a) shall include any period or periods of temporary absence by that person from that territory that do not exceed in the aggregate 2 calendar months, and that do not break the continuity of that period of residence; and
(b) shall not include any period deemed by Article 6 to be a period of residence by the person in that territory.
ARTICLE 15
A person who receives from Australia a wife’s pension or a carer’s pension by virtue of the fact that the spouse of that person receives, by virtue of this Agreement, an Australian benefit shall, for the purposes of this Agreement, be deemed to receive that pension by virtue of this Agreement.
PART IV—MISCELLANEOUS PROVISIONS
ARTICLE 16
1. Subject to paragraph 3, a claim for a benefit, whether payable by virtue of this Agreement or otherwise, may be lodged in the territory of either of the Contracting Parties, in accordance with administrative arrangements made pursuant to Article 20, at any time after the Agreement enters into force.
2. Where a claim for a benefit payable by one of the Contracting Parties is lodged in the territory of the other Contracting Party in accordance with paragraph 1, the date on which the claim is lodged shall be the date of lodgement of the claim for all purposes relating to the claim.
3. Paragraph 1 applies, in relation to Australia, only to those Australian benefits described as sickness benefit, double orphan’s pension and family allowance.
ARTICLE 17
Where a benefit is payable by one of the Contracting Parties by virtue of this Agreement, that benefit shall be payable, up to a period of 26 weeks, while the beneficiary is in the territory of the other Contracting Party or outside the territory of both, subject to the provisions of this Agreement and of the social security laws of the first-mentioned Contracting Party other than, in relation to Australia, those provisions precluding the payment of benefits outside Australia.
ARTICLE 18
Where a benefit is paid by Australia to a person who is in New Zealand and a benefit is also paid by New Zealand to that person, the amount of the benefit paid by New Zealand shall not be included in the income of that person for the purposes of the social security laws of Australia.
ARTICLE 19
1. Where:
(a) an amount paid by one of the Contracting Parties to a person in respect of a benefit exceeds the amount, if any, that is properly payable, whether by virtue of this Agreement or otherwise, in respect of that benefit; and
(b) a benefit is payable by the other Contracting Party to that person, whether by virtue of this Agreement or otherwise,
the competent authority of that other Contracting Party shall, if requested by the other competent authority to do so, and in accordance with this Article, deduct the amount equivalent to the excess payment referred to in sub-paragraph (a) from amounts due in respect of the last-mentioned benefit.
2. The amount of an excess payment referred to in paragraph 1 shall be the amount determined by the competent authority of the Contracting Party by whom the excess payment was made.
3. The rate of deductions made in accordance with paragraph 1 from amounts due in respect of a benefit, and any incidental or related matters, shall be determined by the competent authority of the Contracting Party by whom that benefit is payable, in accordance with the social security laws of that Contracting Party, including in particular those provisions which relate to deduction from, in the case of Australia, family allowance and, in the case of New Zealand, family benefit.
4. Where, in a case such as that described in sub-paragraph 1 (a), the person to whom the excess amount was paid by one of the Contracting Parties is in the territory of the other Contracting Party and is not in receipt of a benefit from that other Contracting Party, the competent authority of that other Contracting Party shall, if requested by the other competent authority to do so, endeavour to arrange with the person for the repayment to the first-mentioned Contracting Party of that excess amount.
5. Amounts deducted by one of the Contracting Parties in accordance with paragraph 1, and any amounts received by that Contracting Party pursuant to arrangements referred to in paragraph 4, shall be remitted to the other Contracting Party as agreed between the competent authorities or in administrative arrangements made pursuant to Article 20.
6. In this Article, “benefit” is not limited to those benefits specified in Article 2.
ARTICLE 20
1. The competent authorities of the Contracting Parties shall make whatever administrative arrangements are necessary from time to time in order to implement this Agreement, and to enable benefits payable by one of the Contracting Parties, whether by virtue of this Agreement or otherwise, to persons who are residing in or in the territory of the other Contracting Party to be paid to those persons on behalf of the first-mentioned Contracting Party by that other Contracting Party.
2. Where arrangements of the kind referred to in paragraph 1 are required to be made on a mutual basis, the competent authorities shall co-operate, both in regard to matters affecting the operation of both social security systems and of each of them.
3. A benefit payable by one of the Contracting Parties by virtue of this Agreement shall be paid by that Contracting Party without deduction for administrative fees and charges.
ARTICLE 21
1. The competent authorities of the Contracting Parties shall, without limitation by Article 3, exchange such information as is necessary for the operation of this Agreement or of the social security laws of the Contracting Parties concerning all matters arising under this Agreement or under those laws other than those matters referred to in the social security laws of New Zealand as “Contributions Towards Cost of Domestic Purposes Benefits for Solo Parents” and “Medical and Hospital Benefits and other Related Benefits”.
2. Any information received by the competent authority of a Contracting Party pursuant to sub-paragraph 1 shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with matters, including the determination of appeals, arising under the provisions of this Agreement or the social security laws of the Contracting Parties and shall be used for other purposes or disclosed to other persons only with the prior consent of the competent authority who provided the information.
3. In no case shall the provisions of paragraph 1 and 2 be construed so as to impose on the competent authority of a Contracting Party the obligation:
(a) to carry out administrative measures at variance with the laws of the administrative practice of that or the other Contracting Party; or
(b) to supply particulars which are not obtainable under the laws or in the normal course of the administration of that or of the other Contracting Party.
4. Unless there are reasonable grounds for believing the contrary, any information received by a competent authority from the other competent authority shall be accepted as valid or true, as the case requires.
5. A Contracting Party shall not raise any charges against the other Contracting Party for services of an administrative nature rendered by that first-mentioned Contracting Party to the other in accordance with this Agreement or the administrative arrangements made pursuant to Article 20, but that other Contracting Party shall meet any costs or expenses which are reasonably incurred for those services and are payable to another person or organisation.
ARTICLE 22
1. Any person who is affected by a determination, direction, decision or approval made or given by the competent authority or an institution of a Contracting Party, in relation to a matter arising by virtue of this Agreement, shall have the same rights to the review, by administrative and judicial bodies of that Contracting Party, of that determination, direction, decision or approval as are provided under the domestic laws of that Contracting Party.
2. Documents relating to appeals that may be made to administrative bodies established by, or administratively for the purposes of, the social security laws of Australia or New Zealand may be lodged in the territory of the other Contracting Party, respectively, in accordance with administrative arrangements made pursuant to Article 20 and any documents duly lodged in that manner shall be regarded as duly lodged for the purposes of those laws.
3. The date on which the document is duly lodged in the territory of one of the Contracting Parties in accordance with paragraph 2 shall determine whether that document is lodged within any time limit specified by the laws or administrative practices of the other Contracting Party which govern the appeal concerned.
ARTICLE 23
The Contracting Parties may agree at any time to review any of the provisions of this Agreement and, in any case, shall, within the period of 3 years commencing on the date of signature of this Agreement, review the present limitation on continuation of payment by a Contracting Party of benefits to beneficiaries who move outside the territory of that Contracting Party.
PART V—FINAL PROVISIONS
ARTICLE 24
1. This Agreement shall enter into force on the date on which the Contracting Parties exchange notes through the diplomatic channel notifying each other that the last of such things has been done as is necessary to give this Agreement the force of law in Australia and in New Zealand, as the case may be, and thereupon this Agreement shall have effect on and from the date specified for that purpose in that exchange of notes.
2. When this Agreement commences to have effect, the Agreement on Social Security between the Government of Australia and the Government of New Zealand, signed at Sydney on 15 April 1949, shall terminate but shall continue to have effect in relation to all persons who, immediately prior to its termination, were in receipt of a benefit paid by either or both of Australia and New Zealand by virtue of that Agreement but such a person may elect to have his or her future entitlement in respect of that benefit determined in accordance with this Agreement.
ARTICLE 25
1. Subject to paragraph 2, this Agreement shall remain in force until the expiration of 12 months from the date on which either Contracting Party receives from the other written notice through the diplomatic channel of the intention of the other Contracting Party to terminate this Agreement.
2. In the event that this Agreement is terminated in accordance with paragraph 1, the Agreement shall continue to have effect in relation to all persons who:
(a) at the date of termination, are in receipt of benefits; or
(b) prior to the expiry of the period referred to in that paragraph, have lodged claims for, and would be entitled to receive, benefits,
by virtue of this Agreement.
IN WITNESS WHEREOF the undersigned, duly authorised thereto, have signed this Agreement.
Done in duplicate at Melbourne this fifth day of October 1986.
FOR THE GOVERNMENT FOR THE GOVERNMENT
OF AUSTRALIA: OF NEW ZEALAND:
B. HOWE. G. ANSELL
1. No. 26, 1947, as amended. For previous amendments, see Nos. 38 and 69, 1948; No. 16, 1949; Nos. 6 and 26, 1950; No. 22, 1951; Nos. 41 and 107, 1952; No. 51, 1953; No. 30, 1954; Nos. 15 and 38, 1955; Nos. 67 and 98, 1956; No. 46, 1957; No. 44, 1958; No. 57, 1959; No. 45, 1961; Nos. 1 and 95, 1962; No. 46, 1963; Nos. 3 and 63, 1964; Nos. 57 and 152, 1965; No. 41, 1966; Nos. 10 and 61, 1967; No. 65, 1968; No. 94, 1969; Nos. 2 and 59, 1970; Nos. 16 and 67, 1971; Nos. 1, 14, 53 and 79, 1972; Nos. 1, 26, 48, 103 and 216, 1973; Nos. 2, 23 and 91, 1974; Nos. 34, 56, 101 and 110, 1975; Nos. 26, 62 and 111, 1976; No. 159, 1977; No. 128, 1978; No. 121, 1979 (as amended by Nos. 37 and 98, 1982); No. 130, 1980; Nos. 61 and 170, 1981; No. 159, 1981 (as amended by No. 98, 1982); Nos. 37, 38 and 148, 1982; Nos. 4 and 36, 1983; No. 69, 1983 (as amended by No. 78, 1984); Nos. 46, 78, 93, 120, 134 and 165, 1984; Nos. 24, 52, 95, 127 and 169, 1985; and Nos. 5, 28, 33, 106, 130 and 152, 1986.
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House of Representatives on 25 March 1987
Senate on 4 May 1987
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