Social Security Amendment (National Green Jobs Corps Supplement) Act 2009 (Cth)

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Social Security Amendment (National Green Jobs Corps Supplement) Act 2009

No. 116, 2009

An Act to amend the law relating to social security, and for related purposes

Contents

Social Security Amendment (National Green Jobs Corps Supplement) Act 2009

No. 116, 2009

An Act to amend the law relating to social security, and for related purposes

[Assented to 4 December 2009]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Social Security Amendment (National Green Jobs Corps Supplement) Act 2009.

2Commencement

This Act commences on the day this Act receives the Royal Assent.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1Amendments

Social Security Act 1991

1

Subsection 23(1)

Insert:

National Green Jobs Corps program means the program administered by the Commonwealth known as the National Green Jobs Corps Program.

2

Subsection 23(1)

Insert:

National Green Jobs Corps supplement means:

  1. (a)

    an amount payable under subsection 503C(2) to a person receiving a parenting payment; or

  2. (b)

    an amount payable under subsection 556B(2) to a person receiving youth allowance; or

  3. (c)

    an amount payable under subsection 645(2) to a person receiving newstart allowance.

3

After paragraph 23(4AA)(aa)

Insert:

  1. (ab)

    provisions in Chapter 2 that provide for an increase in a person’s rate of payment by a National Green Jobs Corps supplement;

4

At the end of Subdivision A of Division 4 of Part 2.10

Add:

503CNational Green Jobs Corps supplement

  1. (1)

    This section applies if a person:

    1. (a)

      is receiving a parenting payment; and

    2. (b)

      has reached 17, but is under 25, years of age; and

    3. (c)

      is participating in the National Green Jobs Corps program; and

    4. (d)

      started participating in that program before 2012.

  2. (2)

    The rate of the person’s parenting payment is increased by an amount of $41.60 (to be known as a National Green Jobs Corps supplement) for each fortnight during which the person participates in the National Green Jobs Corps program.

  3. (3)

    However, a National Green Jobs Corps supplement is not payable for a fortnight during which the person participates in the National Green Jobs Corps program if:

    1. (a)

      both:

      1. (i)

        a Parenting Payment Employment Pathway Plan is in force in relation to the person; and

      2. (ii)

        during the fortnight, the person ceases to participate in that program in circumstances that constitute a failure to comply with the plan; or

    2. (b)

      the rate of the person’s parenting payment is increased by training supplement for the fortnight.

5

After subsection 541(1B)

Insert:

Participation in the National Green Jobs Corps program

  1. (1C)

    A person also satisfies the activity test in respect of a period if, throughout the period, the person is participating in the National Green Jobs Corps program.

6

After section 556A

Insert:

556BNational Green Jobs Corps supplement

  1. (1)

    This section applies if a person:

    1. (a)

      is receiving youth allowance; and

    2. (b)

      is only qualified for youth allowance under section 540; and

    3. (c)

      satisfies the Secretary that the person is not undertaking full‑time study (see section 541B); and

    4. (d)

      has reached 17 years of age; and

    5. (e)

      is participating in the National Green Jobs Corps program; and

    6. (f)

      started participating in that program before 2012.

  2. (2)

    The rate of the person’s youth allowance is increased by an amount of $41.60 (to be known as a National Green Jobs Corps supplement) for each fortnight during which the person participates in the National Green Jobs Corps program.

  3. (3)

    However, a National Green Jobs Corps supplement is not payable for a fortnight during which the person participates in the National Green Jobs Corps program if:

    1. (a)

      a Youth Allowance Employment Pathway Plan is in force in relation to the person; and

    2. (b)

      during the fortnight, the person ceases to participate in that program in circumstances that constitute a failure to comply with the plan.

7

After subsection 601(4C)

Insert:

  1. (4D)

    A person also satisfies the activity test in respect of a period if, throughout the period, the person is participating in the National Green Jobs Corps program.

8

Subsection 601(5)

Omit “or (4B)”, substitute “, (4B) or (4D)”.

9

After section 644AAC

Insert:

645National Green Jobs Corps supplement

  1. (1)

    This section applies if a person:

    1. (a)

      is receiving newstart allowance; and

    2. (b)

      is under 25 years of age; and

    3. (c)

      is participating in the National Green Jobs Corps program; and

    4. (d)

      started participating in that program before 2012.

  2. (2)

    The rate of the person’s newstart allowance is increased by an amount of $41.60 (to be known as a National Green Jobs Corps supplement) for each fortnight during which the person participates in the National Green Jobs Corps program.

  3. (3)

    However, a National Green Jobs Corps supplement is not payable for a fortnight during which the person participates in the National Green Jobs Corps program if:

    1. (a)

      both:

      1. (i)

        a Newstart Employment Pathway Plan is in force in relation to the person; and

      2. (ii)

        during the fortnight, the person ceases to participate in that program in circumstances that constitute a failure to comply with the plan; or

    2. (b)

      the rate of the person’s newstart allowance is increased by training supplement for the fortnight.

10

Subsection 1049(2A)

After “training supplement”, insert “or a National Green Jobs Corps supplement”.

11

Section 1188KA

After “training supplement”, insert “or a National Green Jobs Corps supplement”.

12

At the end of paragraph 1223(7)(b)

Add:

  1. or (v)

    if the person was receiving a parenting payment, youth allowance or newstart allowance—the rate of the person’s parenting payment, youth allowance or newstart allowance was increased by an amount of National Green Jobs Corps supplement when that rate should not have been so increased;

13

At the end of subsection 1223(7)

Add:

  1. ; (g)

    the amount of National Green Jobs Corps supplement.

[Minister’s second reading speech made in—

House of Representatives on 17 September 2009

Senate on 19 November 2009]

(175/09)

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